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HomeMy WebLinkAbout14-1869 Supreme Court -of Pennsylvania Coui 9 m Com �n Pleas 6 iv , il:Cove1, §'eet For ProBmnotarlt Use Onit CI1Nff3F,Ri;AND;) County Docket No: s t The information colleccled on dris fe)l7n is llsed solelt %f01' co7/rt adtilillistl "alioll p/n7)o.ves. This fiorn7 does not s71PPlelnerrt or replace 1he and service of pleading.s ol• other papers as 1•egnircd b ; law• or rides of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin S Lead Plaintiff's Name: Lead Defendant's Name: E U.S. BANK NATIONAL ASSOCIATION AS Daniel J. Shank a/k/a Daniel Shank C TRUSTEE FOR CFMSI REMIC 2003 -04 - T REMIC PASS - THROUGH CERTIFICATES I SERIES 2003 -04 O Dollar Amount Requested: F-1 within arbitration limits N Are money damages requested? ❑Yes ®No check one ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? [:]Yes ® No Name of Plaintiff/Appel] ant's Attorney: Robert W. Williams Esquire ❑ Check he if you have no attorney (are a Self - Represented I Po Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that y ou consider most im ortant. TORT (do not include Mass Tort) CONTRACT (do not include judglnews) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative A encies ❑ Malicious Prosecution g ❑ Motor Vehicle ❑Debt Collection: Credit Card El Board of Assessment ❑ Nuisance ❑ Debt Collection: Other ❑ Board of Elections ❑ Premises Liability ❑ Dept. of Transportation ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑ Employment Dispute: S ❑ Slander/Libel/Defamation Discrimination ❑ Other: P ❑ Zoning Board E El Emplo Dis Dispute: Other C ❑ Other: T MASS TORT I ❑ Asbestos ❑Other: Q ❑ Tobacco N ❑ Toxic Tort — DES ❑ Toxic Tort — Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Land I ord/Tenant Dispute ❑Nom- Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure: Residential Restraining Order El Dental ❑ Mortgage Foreclosure: Commercial El Quo Warranto ❑ Legal [I Partition El Replevin ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 MILSTEAD & ASSOCIATES, LLC �} RR 0 1 }0 FAR BY: Robert W. Williams, Esquire �� �$ ID No. 315501 M 3: 04 1 E. Stow Road CUMBERLAND CGU�jTy Marlton, NJ 08053 PENNSYLVANIA (856) 482 -1400 Attorney for Plaintiff File: 88.31605 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE FOR CFMSI REMIC 2003 - CUMBERLAND COUNTY 04 - REMIC PASS - THROUGH CERTIFICATES SERIES 2003 -04 c/o CitiMortgage, Inc. i 1000 Technology Drive O'Fallon, MO 63368, No.: Plaintiff, CIVIL ACTION MORTGAGE FORECLOSURE Vs. Daniel J. Shank a /k/a Daniel Shank 2380 Lambs Gap Road Enola, PA 17025, Defendant a C�t� l �sy3 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717 -249 -3166 800 - 990 -9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. z , MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482 -1400 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE FOR CFMSI REMIC 2003 - CUMBERLAND COUNTY 04 - REMIC PASS - THROUGH CERTIFICATES SERIES 2003 -04 c/o CitiMortgage, Inc. 1000 Technology Drive No.: O'Fallon, MO 63368, CIVIL ACTION MORTGAGE Plaintiff, FORECLOSURE Vs. Daniel J. Shank a/k/a Daniel Shank 2380 Lambs Gap Road Enola, PA 17025, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003 -04 - REMIC PASS - THROUGH CERTIFICATES SERIES 2003 -04 (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at c/o CitiMortgage, Inc., 1000 Technology Drive, O'Fallon, MO 63368. 2. Defendant, Daniel J. Shank a/k/a Daniel Shank, (the "Defendant "), is an adult individual and is the real owner of the premises hereinafter described by virtue of a Deed dated October 4, 1988, recorded October 4, 1988 in Deed Book 33, Page 354. The Deed is attached hereto as Exhibit "A" and made a part hereof. h 3. Defendant Daniel J. Shank a/k/a Daniel Shank, upon information and belief, resides at 2380 Lambs Gap Road, Enola, PA 17025. 4. On May 16, 2003, in consideration of a loan in the principal amount of $72,000.00, the Defendant executed and delivered to CitiFinancial Mortgage Consumer Discount Company a note (the "Note ") with interest thereon at 7.7700 percent per annum, payable as to the principal and interest in equal monthly installments of $678.54 commencing July 1, 2003. The Note is attached hereto as Exhibit `B" and made a part hereof. 5. To secure the obligations under the Note, the Defendant executed and delivered to CitiFinancial Mortgage Consumer Discount Company a mortgage (the "Mortgage ") dated May 16, 2003, recorded on May 29, 2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1813, Page 4109. The Mortgage is attached hereto as Exhibit "C" and made a part hereof. 6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded November 19, 2013 under Instrument 201337165. The recorded Assignment of Mortgage is attached hereto as Exhibit "D" and made a part hereof. 7. The Mortgage secures the following real property (the "Mortgaged Premises "): 2380 Lambs Gap Road, Enola, PA 17025. A legal description of the Mortgaged Premises is attached hereto as Exhibit `B" and made a part hereof. 8. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage because payments of principal and interest due September 1, 2012, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. J a 9. The following amounts are due on the Mortgage and Note: Principal Balance ................. .....................$37,994.16 Accrued but Unpaid Interest from 8/1/12 to 3/14/14 .................... ......................$4,779.34 Accum Late Charges .............. ........................$237.44 Property Inspections ............... ........................$135.00 Escrow Advance Balance ...... ......................$1,515.61 Less Unapplied Funds ... ............................... - $548.06 Apprsl /BPO ..................... ............................... $168.00 Servicing Fees ......................... .........................$55.50 TOTAL as of 03/14/2014 ..... .....................$44,336.99 Plus, the following amounts accrued after March 14, 2014: Interest at the Rate of 7.770 percent per annum ($8.0881 per diem); Late Charges per month if applicable. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.1 680.401(c) of the 1983 Session of the General Assembly ( "Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 2380 Lambs Gap Road, Enola, PA 17025 on March 19, 2013, the notice pursuant to § 403 -C of Act 91, and the applicable time periods therein have expired. The Act Notice is attached hereto as Exhibit "F" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $44,336.99, plus the following amounts accruing after March 14, 2014, to the date of judgment: (a) interest of $8.0881 per day, (b) late charges per month if applicable, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Date: �J Robert W. Williams, Esquire Attorney for Plaintiff VERIFICATION Nancy Shempert hereby states that he /she is employed as Vice President - Document Control of CitiMortgage, Inc.. CitiMortgage, Inc. is the Servicer of the loan and is authorized to act on behalf of the Plaintiff. CitiMortgage, Inc., on behalf of Plaintiff in this matter 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. AFFIANT: By: Print: Nancy Shempert Title: Vice President — Document Control Employed by CitiMortgage, Inc. Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003 -04 - REMIC PASS - THROUGH CERTIFICATES SERIES 2003 -04 Date: q t File #: 88.31605 Name: Daniel J. Shank a/k/a Daniel Shank Exhibit A MO. 014A' Al.d. the yr� day o f oG7 /37� in d,c yeet me thousand nice hnndrnd end eighty -eight (1988). Between ARLENE V. FOUST, formerly ARLENE V. CLARK, and WILLIAM R. FOUST, her husband, adult individuals of Cumberland County, Pennsylvania, GRANTORS, Parties of the First Part,' A N D DANIEL J. SHANK, an adult individual of Cumberland County, Pennsylvania, GRANTEE, Party of the Second Part. Witnesseth, that in consideration of THIRTY -FIVE THOUSAND and 00 /100 ' ( 835, 000. 00) -------------------- -------------------- Dollish is hand paid, the receipt whereof is hemby acknowledged, the said Csantor s do hereby gant and convey no the said Gramm ALL TBAT CERTAIN lot or tract of land situate along the east side of the Lamb's Gap Road in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: SEGINNING at an iron pin in the center line of the Lamb's Gap Road at the northern line of land now or late of C. W. Erney being 4752 feet in a northerly direction by said center line from the Wertzville Road; thence along the center line of said road North 4 degrees'30 minutes West 100 feet to an iron pin; thence along land now or late of Robert T. Stoner and Charlotte J_,Stoner, his wife, North 89 degrees East 191 feet to a post; thence along land of same South 4 degrees 30 minutes East 100 feet to a post; thence along land now or late of C. W. Erney ` South 89 degrees West 191 feet to an iron pin in the center line of the Lamb's Gap Road, the place of BEGINNING. CONTAINING .43 acres, more or less, and being improved with a one -story frame dwelling. BEING the same premises which Margaret M. Bechtel, by her deed dated January 23, 1974 and recorded in Cumberland County Deed Book "M", Volume 25, Page 196, granted and conveyed unto Arlene V. Clark and Stephen Clark, her husband. The said Stephen Clark having since deceased, title passed by operation of law unto Arlene V. Clark who has since intermarried with William R. Foust and are the Grantors herein. UNDER AND SUBJECT to rights -of -way of highways, streets and alleyways abutting or adjoining the premises; easements and rights- of-way of record and apparent upon the premises; and restrictions and reservations of prior record. N COM OF PENt5yLVANtA - w JEPAUAISV1 OF q VEhl,l — IaX OCT 4. 5A `a 6 3 5 0. Q 0 = 1 x Cu h ;e...;., T.. tu Crt Gr D6t. CA Aqt � W o School Diet Comb, Co, Pe, -Jx R..I End. nom,„ !aa 6 CO D d Gal d AND the said Granlor S Will Warrant Spevally the Property hereby conveyed. IN WITNESS WHEREOF, the sa id Grantors hs Ve hereunto Oct their handg and ssa1 a Ch. day and year first above wittra. Signed. Scald and Ddiveted ` ` .`^' —� {SEAL) in the Pr mee of Ar1Et�e V � former ly "Arlene V "cL'-CT'✓CB/kl - - -- iSEAL) William R. Botist __ _`_ ". _.. —" -' (SEAL) (SEAL) . (SEAL) . COMMONWEALTH OF PENNSYLVANIA —. COUNTY OF e.---4 I SS: Oa dtu, the .•L. I y day of �I - •�rtJ A. D. 19 88 a Notary Public, the undeni ed offig appeared ARLENE V. FOUST, formerl y ARLENE V. CLARK, and fn WILLIAM R. FOUST ` :•.• �, ��. vcn to h. du b9. the to �. Id2 �?cuFacianly'., r T Pro ] P<noa s whoa names are aabaei6ed to dte within C an�.. ac —Iro dged that they executed the acme For the Parpotea tharia enapoud. t.YhWrettttto'Yerrny hand and officii OV Mole N. Scly, Nolay Putfie / �'•." • ; "- NauCuabatttd Bom_cumttar 1991 . fJYC omminion Etpros Ott 28, 1991 . _ - _"' .. _. ___ _ �� "ril.Q �•t' - Nwnber, PrtnnNeneAUOtu6onolNOhros .�_.— .______ ..'..`' TYmr I HERESY CERTIFY, that the Preci.e r--id—cj he Graaeee a t, 'Y.34a I�amdti Ewe &+►� , _ V I p � V A N 0 t p d $4 Qp 4 H t Ila j t: °o v $ a £ to a s a z ,, a o y, o F ra ^I 40 gq $8 5 W ra OC der zA COMMONWEALTH OE;DENNSYLVAMA r 1 •. SSt COUMY OF p�, Recorded oa'clfd' 1 day of A. D. 19 00 _ A , m the Recorder's 01fiee of 1 County is eed .Book Voheme P Given wdee tny�' Oep oLd &h st ;Cp£'th id Office, the der above tvr' __ __....... _ Recorder I BOt7K PACE 355 Exhibit B x NOS _ May 16, 2003 ENOLA PA [Dawl [City] Istatel 2380 LAMBS GAP RD ENOLA, PA 17025 [P -pedy Addtessl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 72,000.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is CitiFinancial Mortgage Consumer Discount Company I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2 INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.7700 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1 st day of each month beginning on July 01, 2003 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note_ Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on June 01, 2018 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. Box 9023, Des Moines, IA 50362 -9023 or at a different place if required by the Note Holder. (B) Amount of MonthIy Payments My monthly payment will be in the amount of U.S. $ 678.54 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Notre Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FEM) RATE NOTE — Single Family Fannie.Maelilvddie Mae UNIFORM INSTRi71 ENT Form 3200 jAi GMATLAND M ITEM 16460 (00111 MFCD3002 (Page I 0f3 pages) Eta- 5221870496 To order Galt 1 - eon- s3U-9ass 0 rar 616-791-1131 5. LOAN CHARGES = If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the -end of Rfteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00000/ of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the frill amount of Principal which has not been paid and all the interest that I owe on that amount_ That date must be at least 30 -days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me. for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by marling it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due_ "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible Iosses which might result if I do not keep the promises which I make in muuis'TAYE Fm RATE NO'T _- Single Family— Fannie Maefflreddie Mac UNNORAI: INSTRUNTWr Form 32001/01 GREATLAND 9 ^ f' this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Properly or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED C (Seal) (Seal) ANIEL J. SHAHK - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower P to the order of [Sign Original Only] WithoutRecour�e� Citi1' in�p', y, Inc, Tracy vasque.7, Vice ftSi� MULTISTATE FIXM RATE NOTE— Single Family— Fannie McPJ&.ddie Mac UNIFORM INSTRUMENT Form 32001/01 GREARANO Q 4 Pennsylvania Prepayment/Bad Check Charge/Arbitration Addendum to Note THIS PREPAYMENT/BAD CHECK CHARGE/ ARBITRATION ADDENDUM TO NOTE (the "Addendum") is made this 16th day of May 2003 , and is incorporated into and shall be 'deemed to amend and supplement the Note made by the undersigned (`Borrower"), in favor of Citfinancial Mortgage Consumer Discount Company ("Lender") and dated the same date as this Addendum (the "Note"). The Note is secured by a mortgageldeed of trust/security agreement (the `Security Instrument ") in favor of Lender dated the same date as this Addendum. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, Borrower and Lender further covenant and agree as follows: 1. Prepayment Penalty. Notwithstanding anything in the Note to the contrary, the `Borrower's Right to Prepay" paragraph of the Note is modified to read as follows: "I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. Within the first three (3) years from the date of this Note, if I prepay the balance of the Note in full, I agree to pay a prepayment penalty in an amount as follows: Three percent (39o) of the unpaid Principal Balance of the Note if I prepaid prior to one year after the date of the Note; Two percent (2%) of the unpaid Principal Balance of the Note if I prepaid from one year but prior to two years after the date of the Note; One percent (1%) of the unpaid Principal Balance of the Note if I prepaid from two years but prior to three years after the date of the Note; The Note Holder will use my Prepayments to reduce the amount of Principal I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment Amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes." 2. Bard Check Charge. If any check or instrument given as payment on this Note is dishonored, Borrower agrees to pay a service charge of $ 20.00 3. Arbitration. Borrower and Lender have entered into a separate Arbitration Agreement on this date, the terms of which are incorporated herein and made a part hereof by reference. . BY SIGNING BELOW, Borrower accepts and agrees-to the terms and provisions contained in this Vrepayment/Bad Check Charg&Arbitration Addendum to Note. r X (Seal) DANIEL. J. SIiANK - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower ITEM 2627812 (0302) 330M Prepayment Penalty Option Acknowledgment Citil inancial Mortgage Consumer Discount Company CitiFinancial Mortgage provides its customers with two prepayment penalty options. One option eliminates the prepayment penalty and the other option includes a prepayment penalty. Some of our customers intend to pay their real estate loan off within the first few years. These customers elect to pay a slightly higher interest rate in order to prepay their loan without having to pay a penalty. Our other customers do not intend to. pay their loan off early and they elect to have a prepayment penalty with a slightly lower interest rate. The two options are described below. Option 1 (No Prepayment Penalty with a higher Agreed Rate of Interest) Option one is a real estate loan with you that does not have a prepayment penalty provision. The agreed rate of interest on the loan will be higher than a comparable loan that has a prepayment penalty provision. The -loan may be prepaid in part or in full at any time without a prepayment penalty charge, (The interest rate adjustment under this option may require additional disclosures under the Truth In Lending Act.) Option 2 (Prepayment Penalty with a lower Agreed Rate of Interest) Option two is a real estate loan with you that has a prepayment penalty provision. The agreed'rate of irrterest will be tower on this loan than a comparable loan without a prepayment penalty provision. This loan will be subject to a prepayment charge according to the Prepayment Penalty provision on the Promissory Note andthe Disclosure Statement. We acknowledge having received an option to select whether or not we want a prepayment penalty on our loan_ DANIEL J. SHANK 1° Mmtgaga ITEM 26MLO (Mi) 616737 Exhibit C i a �a4LtiND COUNT)" ~3 Pr,) 29 FP; 8 94 [Space Above'ILIs Line For Recording Dn ) Q ^ 00 MORTGAGE DEFINITIONS Words used in multiple sections of this document am defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated May 16, 2003 together with all Riders to this document ' (B) 'Borrower*' is DANIEL J. SHANK AN ADULT INDIVIDUAL Borrower is the mortgagor under this Security Ltstrument, (c) "Lender" is CitiFinanciai Mortgage Consumer Discount Company Lender is a Corporation organized and existing under the laws of Pennsylvania . Lender's address is 9000 Brooktree Rd., Ste. 202, Wexford, Pennsylvania 15090 . Lender is the mortwe under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated May 16, 2003 The Note states that Borrower owes Lender Seventy Two Thousand and no/10o Dollars (U.S. $ 72,000.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 01, 2018 (E) "Property" means the property that is described below under the heading 'Transfer of Rights in the Property" (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security In strumen t that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]- ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Ride ❑ Other(.) Isperify] ❑ 1-4 Family hider ❑ Biweekly Payment Rider PEN NSYLVAN 1A--Smgle Family— Fannfc Mat/Frcddle Mae UNIFORM INSTRUMMT EB-5221878496Form 3039 L rrm Iasou tomr) MFPA3112 (Page 1 of 16Pagm) 7oordwr UP: l - eoo 7 W e 1�a BK1813PG4109 (H) "Applicable Law" means all controlling applicable federal, state and Iocal statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non- appealable judicial opinions. (n "Community Assodation Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,n "Eiectronle Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) '%scrow items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (u) condemnation or other taking of all or any part of the Property; (iii) conveyance in licu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount duo for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument_ (0) `RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2501 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument PENNSYLVANIA -Singk Family— Fannie MarlFLeddle Mx U IIF'ORM DWINUMENT EB- S22187849GFw= 303P Wl (Pa 2 16 oREwtt AND trEM 105013 (0011► MFPA3112 Re °f p�Su'1 TaONtrGgt- A00�530A9a90ru61U791 -11E1 BK1813PG4I 10 Jxj TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications. of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the TOWNSHIP [Typo of Retarding Jurisdiction] of HAMPDEN [Nam of Recording Jurisdiction] SEE ATTACHED SCHEDULE °A" which currently has the address of 2380 LAMBS GAP RD Csarrt] ENOLA , Pennsylvania 17025 [City] MPCodeJ C� AdeiresS��)' TOGETHER VaM all the improvements now or hereafter erected on the property, and all easements, appurtenances, and frxtures now or hereafter a part of the property. All replacements and additions sball aim be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the �P�Y•" BORROWER COVENANTS that Borrower is ]awfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use- and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real P-PCAY. PINNSYLVAMA —Single Family Funnle MadFraMe Mac UNEFORM INSTRUIN Mr EB_522187849%orm 3039 IMI ITE1r 19wL3 (0011) MPPA3112 (Page 3 of 16 pager) To agar Cat 1-eao-saa 4M o r W &m t1 ti s BK 1813 PG 4 I I I , UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment or Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed received by Leader when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan currant. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. Z Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess elitists after the payment is applied to the fall payment of one or mole Periodic Payments, such excess may be applied to any late charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the duo date, or change the amount, of the Periodic Payments. 3. Funds rar Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Leader under Section 5; and (d) Mortgage Insurance premiums, if any, or any stuns payable by Borrower to Lender in lien of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any PENNSVLVANIA-- Single Family— FanaleMae/Freddle Mae IRWORMINSZRUMENT EB- 5221878496rarm3&wimi REM 195OL4 (8011) WPA3112 (Page 4 of 16 pages) To Order Cat l4M53O4M 13 F rB 1 " t iwit UN1813PG41 12 BY time during the term of the Loan, Lender may require that Community Association Rues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrowers 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 waives may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all bor Escrow Items at any e by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA_ Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Iaw permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shalt pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in nomore than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Leader shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lie=. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to PEMSMVANU—Singre F&rr&y- -Fannk MadFredme Mnc UNIFORM iNSTRUbJEN EB_522 1 8 784 9 G1torm 9839 iJDI MIA 1950L$ 0611 DREAM ANn ■ tAFPA31 i2 (Page S of 16 Pa1Kr1 Ta ONw eat 1- goo -W-M or a SW-M-1 131 BK1813PG41 13 -1 Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument I£ Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrumeut, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. i Lender may require Borrower to pay roue -time charge for a real estate tax verification and/or reporting i service used by Lender in connection with this Laan_ 5. Property 7nsaranm Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shalt be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification t services and subsequent charges each time remappings or similar changes occur which reasonably might i affect such determination or certification. Borrower shall also be responsible for the payment of any foes imposed by the Federal Emergency Management Agency in connection with the review of any flood zone I. determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any j particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note mate from the data of disbursemeat and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee_ Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shalt have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work _. PEMSYLVANU- -Single Family-- FannmeMadFre"e Mac UMIIMRMINSTRUMENT E =i 8 ?U9%orm3ML01 ITEM 19501A (0011) LIFPA3112 (Page 6 of 16 pages) TO Ordm QA 1- a00-630M 13&x W791791- -11311 gK 181 'JPG41 14 has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. Tae 30-day period will begin when the notice is given. In either even4 or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Inst ument, and (b) any other of Borrowers rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. . Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shalt maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fans to perform the covenants and agreements contained in this Security Instrument, (b) there PVgNSTLVA L4, - SinLde Finau7y— Fannie MadFreddle Mac UNWORM 1ltiLSTgG&MNT E13-5221878496 Form 3039 U01 � (Page 7of16pager) Tod 9Mf?Q- M0FgxSIib 1jM • 8K18i3PG4115 is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Insmmrent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower guesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to sender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect- Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the anrormt and for the period that Lender requires) provided by an in selected by bender again becomes available, is obtained, and Lender requires separately designated payments toward the pro nc miuma for Mortgage Insurance. If Lender required Mortgage Insurae, as a condition of making the Lawn and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Leader's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for sucb termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. PENNSYLVANIA— Single Paw* Fannie MaeWreddte Mac tINIFORM QWMUh&CNr Eg„522187849&0 -3AMW 1MI tTEM 4afipr8(0011) MFPA3112 (Page 8af16pager) T@OalnCrttsOMSM4fk $ ppru g7�QiN�J�j BK1813PG41 16 Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any remsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses_ If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Furdw. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any ref uml, (b) Any such agreements will not affect the rights Borrower has —if any—with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurances terminated aotonindeally, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property; if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not he roquired to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be Iessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellanoous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taldng, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplier) by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. PENNSYLVANIA—Single Family—Fannie MadMddle Mae BIVIF'ORM DWnL Eg..5221t MOS Form 3839 Lul new I 99OLS (CM 1) MFPA3112 (Page9of16pages) To ordwoak t -80o. M39auRwSi BK 1813 PG 41 1'7 In the event of a partial taldng, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sutras secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 1.9, 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 claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower, Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several, Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and Iiability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tams of this Security Instrument or the Noto without the oo- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lander, shall obtain all of Borrower's rights and benefits under this Security Instrument- Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing, The covenants and agreements of this Security instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. PENNSYLVANIA —Single Fa pity —C' annle MadFreddle Mse UNTORM INSTRUMENT ES- 5221878496F— 3039 L*1 GREATLArAb ■ rTB11959000011) MFPA3112 (Page ]Oaf 16pagtal To9r1WQtl -tOD -530+ SOfercBt &791 -1131 BK1813PG41 18 s 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and sights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Leader may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, them: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted L will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will he treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Nottem All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower s notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to mender. Borrower shall promptly notify Leader of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender his designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Constrmcoon. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18. Trawler of the Property or a Benefial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. PENNS'l'•LVANL"in61e Fmdb —Fmnie kh m radMe Mae UNIFORM E%7RUMEPU FB- MI87849&rm 3 � ■ rmm lsml1 (0011) MFPA3 (Page 1) of 16 pages) To ddwOalk 1.800330-9M o rue 616-M -1181 8K1813PG41 19 if all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower - 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earliest of- (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of it judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cum any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Leader. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashices check, provided any such check is drawn upon art institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sak of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the' Loan Servicee') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also knight be one or more changes of the Loan Service unrelated to a sale of the Note. If there is a change of the Loan Servioer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchase of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a PFXMYLVANIA --Su*k Fannly- -Fantle Mmffreddlo Mac OHIFORM IMTRUMMT EB- 5221 6754 9 6 Form 3039 IM1 mREArtAno r m3A ra5OL12 ( (*rr) MFPA3112 (Page 12 of 16 pages) 16 md« tae t sm zvo was awe stsaa+ -i ss+ Bit 181 3 PG 4 120 r time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20_ 2L Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous subptances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental 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 of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation. claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b)' any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Iml eut (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other thing: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to care the default as specified may result In acceleration of the sums secured by Oils Security Iustnumeot, foreclosure by judicial proceeding and sale of the Property. Lender shall farther inform Borrower at the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non - existence of a defanit or any other defe[We of Borrower to acceleration and foreclosure. If the default is not cared as specified, Lender at Its option may require immediate payment in fall of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not Ilratted to, attorneys' fees and cosh of title evidence to the extent permitted by Applicable Law. FENNSYLVANL"hisia Famt —F.nale Mm/Freadle Mac tmWoittir MrsvRMI*T tS -3221 8784gaFerm 3039 trot QFWATtAFA ■ ITeellsaeat130011) MFPA3112 (Page 13of16pas") ToOider Cal: i - soosx o Fix stbre/•r1ai BK1813PG4121 23. Release. Upon payment of all sums secured by this Security Instrument,. this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waivaa and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest; Rate After Judgment Borrower agrees that the interest rate payable after a judgment is entered on the biota or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA— Single Fan3gy— Fannie M- Mreddie Mee UNNORM tRNSI' UbMfr ES- 5221878496 Form 301x9 M OWATLAM r REM 195UL.14 (W1 1) MFPA3112 (Page 14 of 16 pages) to OW*r At t- soo- saaa+sso Fn: e16-M -1131 8K1813PG4122 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 16 of this Securi nstrument and in any Rider executed by Borrower and recorded with it. C' (S -1) (Seal) © IEL J. SHANK BoRower - Boaower (Seal) (Seal) - Boaower -BOMMer (Seal) (Seal) - Bomwer -Bormwer Witness; Witness PENNSYLVANIA -- Single gamily —Fmmle MaeIFreddle Mee UNWORM IM1RUM ENT EB- 5221979496 Form 30391/91 GRFAMND ■ "EMI MM1B(0011) MFPA3112 (Page 15 ofMpages) roae.rc fwo-s3umsaorwcofsref -ffs� 8K 181 3PG4123 1 State of LA County of On this the 6 day of /! ► f . before me, - the undersig officer, personally appeared - DAA , Ij I � known to me (or satisfactorily proved) to be the person(s) whose name ' subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. Title of OESc" :v.: ist.• 7, . My commission expires: Nourim SM After Recording Return To: KOM L Man No)ary pLM CitiFinancial Mortgage Company 4 � P.O. Box 140759 MkI ber, lrving,TX,75014 CERTIFICATE OF RESIDENCE I, /(41uw 64 do hereby certify that the correct address of the within named lender is 9000 Brooktree Rd., Ste, 202, Wexford, Pennsylvania 15090 Witness my hand this day of Age= of Lender PENNSYLVANL L —Single FxmBy- -Fende hfaeiFred&e Msc UKMRM MSTRUBIENT EB- 5221878496 Force 3W9 LOl WMATLANO0 ITEM19SBLia(0011) MFPA3112 (Page 16 of 16 Pages) To Weir CIA 1- BOO- 6IOM0 Fox 51 &781.1181 6K 1813PG4124 Conestoga Title Insurance Company Commitment Number: 2003050074` j I SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Hampden Township, Cumberland County ALL THAT CERTAIN lot or tract of land situate along the east side of the Lamb's Gap Road in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularty bounded and described as follows, to wit: BEGINNING at an iron pin in the center line of the lamb's Gap Road at the northern line of land now or late of C.W. Erney being 4752 feet in a northerly direction by said center line from the Wertzvllte Road; thence along the center line of said road North 4 degrees 30 minutes West 100 feet to an iron pin; thence along land now or late of Robert T. Stoner and Charlotte J. Stoner, his wile, North 89 degrees East 191 feet to a post; thence along land of same South 4 degrees 30 minutes East 100 feet to a post; thence along land now or late of C.W. Emey South 89 degrees West 191 feet to an iron pin In the center line of the Lamb's Gap Road the place of BEGINNING. CONTAINING .43 acres, more or less, and being improved with a one -story frame dwelling. UNDER AND SUBJECT to rights-of-way of highways, streets and alleyways abutting or adjoining the premises; easements and rights- of-way of record and apparent upon the premises; and restrictions and reservations of prior record. Parcel #10 -12- 2983 -011 I Certify this to be recorded In Cumberland County PA Recorder of Deeds ALTA CommNment (2003050GARFIX2003050074113) Schedule C .Viei 12� Exhibit D ..... _. ..._ . ... ............ _... .. .. .. .... ....._ .._..._ ... .. .. ... .. .. ... .... - ,3 - 71 Return To: CT LIEN PO BOX 29071� 0033R9 GLENDALE, CA 91209 -9071 Phone #: 800 -331 -3282 Prepared B CITIMORTGAGE, INC LAUREN MCGROTTY 1000 TECHNOLOGY DRIVE, MS 321 O'FALLON, MO 63368 -2240 Parcel No: 10- 12- 2983 -011 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Current Beneficiary: CitiMortgage, Inc., a New York corporation, successor by merger to CRiFinancial Mortgage Company, Inc., a New York corporation, successor by merger to CitiFinancial Mortgage Consumer Discount Company, a Pennsylvania corporation whose address is 1000 Technology Drive, O'Fallon, MO, 63368, hereinafter Assignor the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by US Bank National Association as trustee for CFMSI REMIC 2003 -04 - REMIC Pass - Through Certificates Series 2003-04, 809 S. 60th Street, Suite 210, West Allis, Wl, 53214, at the time of execution hereof, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the said Assignee, ALL THAT CERTAIN Indenture of Mortgage given and executed by Daniel J. Shank to Original Beneficiary: CitiFiinancial Mortgage Consumer Discount Company, bearing the date 0511612003, in the amount of $72.000.00, said Mortgage being recorded on 050112003 in the County of Cumberland County , Commonwealth of Pennsylvania, in Book: 1813 Page: 4109 Instrument No: NA. Being Known as Premises: 2380 Lambs Gap Rd, Enola, PA, 17025 Township: Hampden Description /Additional Information: See Exhibit Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, to and for its only proper use, benefit and behoof forever, subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said Assign has caused these presents to be duly executed by its proper officers Page # 1 40567672 24449 PA57 Cumberland county External This 3 : 7 CitiMortgage, Inc., a New York corporation, successor by merger to CitiFinancial Mortgage Company, Inc., a New York corporation, successor by merger to CitiFinancial Mortgage Consumer Discount Co n , &3P nns Iva lac 1porati n By: Dawn Midyett Vice President Delivered in the Presence of us; Attes - 2 Tonja Brooks ` STATE OF MISSOURI, ST. CHARLES COUNTY On I I -$- 3 before me, the undersigned, a notary public in and for said state, personally appeared Dawn Midyett, Vice President of CIUMortgage, Inc., a New York corporation, successor by merger to CitiFinancial Mortgage Company, Inc., a New York corporation, successor by merger to CitiFinanclal Mortgage Consumer Discount Company, a Pennsylvania corporation personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument p>abry pWKJONES Setl CGIAMbslormforstcharmCW* ublic L au ones My Cm l : Mamh 19, 2D16 COItm1MW Nunber:12316866 Commission Expires: 03/19/2016 The precise address within named Assignee is: 809 S. 60th Street, Suite 210, West Allis, WI, 53214 By Page 12 40567672 24449 PA570 Cumberland County External ASSIGNMENT OF MORTGAGE BETWEEN: Current Beneficiary: CIUMortgage, Inc., a New York corporation, successor by merger to CitlFlnancial Mortgage Company, Inc., a New York corporation, successor by merger to CitiFinancial Mortgage Consumer Discount Company, a Pennsylvania corporation AND US Bank National Association as trustee for CFMSI REMIC 2003 -04 - REMIC Pass- Through Certificates Series 2003 -04 MAIL TO: Current Beneficiary: CMMortgage, Inc., a New York corporation, successor by merger to CitiFinancial Mortgage Company, Inc., a New York corporation, successor by merger to ClURnancial Mortgage Consumer Discount Company, a Pennsylvania corporation 1000 Technology Drive, O'Fallon, MO, 63368 Page i 3 40567672 24449 PAS70 Cumbedand County Edemai i l ; w i Exhibit A The referred to in this Commitment Is described as follow, Hampden Township, Cumberland County ALL THAT CERTAIN lot or tract of land situate along the east aide d the Lemb'9 Gap Road In the Township of Hampden, County of Cumberland and State of Pennsylvania, more psnicu" bounded and described as 1101110M, 10 wit: BEGINNING at an Iron pin In the center line of the Lamb's Gap hoed at the northern line of land now or {ate of C.W. Emey betng 4752 feet In a norNsrly direction by Bald center line from the Wert"o Road; thence along Me center One of seld road North 4 degrees 30 minutes Wesel 100 feet to an iron pin; thence along land now or Me of Robert T. Stoner and Charlotte J. Stoner, his wife, North 89 degrees East 191 beat to a post; thence along bend of same South 4 degrees So wJm# rs East 100 feet to a pool; thence along tend now or Isis of C.W. Emey South 89 degrees West 191 feet to an Iran poi In the center line of the Lamb's Clap Road, the place of BEGINNING. CONTAINING .43 acres, more or less, and being Improved with a one -story frame dwslllng. i UNDER AND SUBJECT to rights -ot -way of highways, streets and alleyways abutting or adjoining the premises; i easements end righis-of -way of record and apparent upon the premises; and restrictions and reservations of { prior record. • S Parcel 1110 - 12.2983 -011 I i i j ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717- 240 -6370 Instrument Number - 201337165 Recorded On 11/19/2013 At 11:43:28 AM * Total Pages - 5 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 151630 User ID - KW * Mortgagor - SHANK, DANIEL J * Mortgagee - U S BANK N A * Customer - CT LEIN SOLUTIONS * FEES STATE WRIT TAX $0 .50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15. This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $ 3.00 TOTAL PAID $55.50 I Certify this to be recorded in Cumberland County PA 0 RECORDER O D EDS + - Information denoted by an asterisk may change daring the verification process and may not be reflected on this page. 003389 llilll� Ili ��l Ill y Exhibit E Hampden Township, Cumberland County ALL THAT CERTAIN lot or tract of land situate along the east side of the Lamb's Gap Road in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, wit: BEGINNING at an iron pin in the center line of the Lamb's Gap Road at the northern line of land now or late of C.W. Emey being 4752 feet in a northerly direction by said center fine from the Wertzville Road; thence along the center line of said road North 4 degrees 30 minutes West 100 feet to an iron pin; thence along land now or late of Robert T. Stoner and Charlotte J. Stoner, his wife, North 89 degrees East 191 feet to a post; thence along land of same South 4 degrees 30 minutes East 100 feet to a post; thence along land now or late of C.W. Emey South 89 degrees West 191 feet to an iron pin In the center line of the Lamb's Gap Road, the place of BEGINNING. CONTAINING .43 acres, more or less, and being improved with a one -story frame dwelling. UNDER AND SUBJECT to rights -of -way of highways, streets and alleyways abutting or adjoining the premises; easements and rights -of -way of record and apparent upon the premises; and restrictions and reservations of prior record. Parcel #10 -12- 2983 -011 Exhibit F } I CitiMotgage, Inc PO Box 9090 PRESORT Temecula, CA 92589 -9090 First -Class Mail U.S. Postage and Fees Paid W SO 7196 9006 9296 6065 3291 Send Payments to: I Citi Motgage, Inc PO Box 689196 Des Moinm IA 58368 -9196 201 3031 9 -1 68 1 �II d l tl " 11l Jl l� lf � t � '1�1'l��'lIII�'� DANIEL SHANK 2380 LAMBS GAP RD Send Correspondence to: ENOLA, PA 17025 -1125 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 I ti CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6065 3291 DANIEL SHANK 2380 LAMBS GAP RD ENNOLA, .PA 17025 -1125 RE: Property Address: 2380 LAMBS GAP RD ENOLA, PA 17025 CittMartgage Loan #: ACT 91 NOTICE TAKE AC'T'ION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in defau14 and the lender intends to foreclose, Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF TH[S NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your Courz07 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 6065 3291 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DANIEL SHANK PROPERTY ADDRESS: 2380 LAMBS GAP RD ENOLA, PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER: CITIPINANCIAL MORTGAGE CONSUMER DISCOUNT CO CURRENT LENDER/SERVICER Ciafortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP 1 MAKE FUTURE MORTGAGE PAIMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1483 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting The names, addresses, and telephone numbers of designated CITIPAACT91 Page 3of8 71% 4006 9296 6065 3241 consumer credit counseling agencies jor the county in which the property is located are set forth at the end of : this Notice. It is only necessa)Y to schedule one face -to face meeting. Advise your lender immediately of your intentions.. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set, forth later in this Notice (see following pages for specific b formation about the nature of your default.). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of' the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face - to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOONAS POSSIBLE IF YOU HAYE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN T HE SECTION CALLED "TEA'PORARY ST,9 Y OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act.. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will he notified directly by the Pennsylvania Housing Finance Agemy of its decision on your application. CITIPAACT91 Page 4 of 8 7196 9006 9296 6065 3291 NOTE: IF YOU A.RE CURRENTLY PROTEC7ED BY THE FILING OF A PETITION INBANKRUPTCY, THE FOLL OWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHO'U1:D NOT 13E CONSIDERED AS ANATTEMPT TO COLLECT THE DEBT. (Ifyou have filed bankruptcy, you can . still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). = A:4TURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 2380 1 AMBS GAP RD ENOLA, PA 17025 IS SERIOUSLYM DEFAULT because: 1 OU HAT/E NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09/01/12 through 12/01/12 4 @ $1108.72/month 4 @ $33.92/late charge/month $4570.56 01/01/13 through 03/01/13 3 @ $ 844.73 /month 3 @ $33.92/late charge /month $2635.95 Previous Late Charge(s): $23744 Delinquency Expease(s): $276.00 Unapplied Funds: $548.06 TOTAL AMOUNT PAST DUE: $7,171.89 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the dale of this notice BY PAYING THE TOTAL AAfOUNT PAST DUE TO THE LENDER, WHICHIS $7,171.89, PI: (IS ANYMORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOA E DUE D1lRING THE THIRTY (30) DAY PER1OD_ Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date, of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property 411 be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will hm a to pay all reasonable attorneys fees actually incurred by the lender even if they exceed $50.00_ Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also site you personally for the unpaid principal balance and all CITIPAACT91 Page 5 of 8 7196 9006 9296 6065 3291 .j other sums due under the mortgage. RIGHT TO CURE THF_ DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (3 0) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALF. DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would he approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: RO. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1 -877- 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 - 280 -2050 from Puerto Rico. Fax Number. 1- 866 -940 -8147 Contact Person: MarkAnthony Hartland E -Mail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's foes and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 7196 9006 9296 6065 3291 Page 6 of 8 YO U MAY ALSO HA FIE 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 'lRE' MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE 'TIMES IN ANY CALENDAR YEAR_) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OT14ER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSF'L1NG AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the fair Debt Collection Practices Act, Title 15, U.S.0 1692(8), you may dispute the validity of this debt, or any portion thereof•; if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof; otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179-0005 CITIPAACT91 7196 9006 9296 6065 3291 Page 7of8 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 02/19/2013 04:29 PM Advantage Credit Counseling Seridee/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of'York/Y Housing Resources Maranatha 290 West Market Street 43 Phil-ad elplua Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717 - 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717 - 264 -5913 PA Interfaith Community Programs Inc PUFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -1518 717- 780 -3940 800 -342 -2397 HC Page 8of8 7196 9006 9296 6065 3291 CitiMortgage, Inc PO Box 9090 PRESORT Temecula, CA 92589 -9090 First -Class Mail U.S. Postage and Fees Paid W SO 2271261626 Send Payments to: CdiMcrtgage, Inc PO Box 689196 Des Manes, IA 50368.9196 20130319 -168 ir' I' I' nlrlllrll�l• h� Ir Ir�rll "I'�rlr'rl DANIEL SHANK 2380 LAMBS GAP RD Send Correspondence to: ENOLA, PA 17025 -1125 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 r CITI PAACT91 J Date: 03 /19/2013 DANIEL SHANK 2380 LAMBS GAP RD ENOLA, PA 17025 -1.125 RE: Property Address: 2380 LAMBS GAP RD ENOI.A, PA 17025 CitWortgage Loan #: _ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY.MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEAIAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397 (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 8 22712b1626 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 NOTIFICA.CI6N EN AD.IUNTO ES DE SUMA IMPORTANCIA, PIJES AFECTA SU DERECHO A CONTINUAR VIV[ENDO EN SU CASA. SI NO COMPRENDE EL CONTE.NIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA L I.AMAD O "IIOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DANIEL SHANK PROPERTY ADDRESS: 2380 LAMBS GAP RD ENOLA, PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT CO CURRENT LENDER/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU AIAY BE ELIGIBLE FOR FINANCUIL ASSISTANCE HWICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PA EVENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY .FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS' HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting The names, addresses, and telephone numbers of designated CITIPAACT91 2271261626 Page 3 of 8 consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency AssiSta)7ce Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program., and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your frzr..e -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICI TION AS SOON AS POSSIBLE. IF YO U HA PE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A IIEMAP APPLICATION EYEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREYENT THE LENDER FROM STARTING A FORECLOSURE ACTION, B UT IF YOUR APPLICATION IS EYENTUALLY APPROYED AT ANY TIAM BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTTON - Available hinds for emergency mortgage assistance are very limited. They will he disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if' you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACTS1 Page 4 of 8 2271261626 NOTE: IF YOUARE CUR.RENTLYPROTECTED BY THE FILING OF A PETITIOI!'INBANSRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONPURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEAIPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 11OW TO CURE YOUR MORTGAGE DEFAULT (Bring it rep to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 2380 LAMBS GAP RD ENOLA, PA 17025 IS SERIOUSLYIIV DEFAULT because_ YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09/01112 through 12101/12 4 @ $1108.72 /month 4 @ $33.92/late charge/month $4570.56 01/01/13 through 03101/13 3 @ $844.73 /month 3 @ $33.92 /late charge /month $2635.95 Previous Late Charge(s): $23744 Delinquency Expense(s): $276.00 Unapplied Funds: $548.06 TOTAL AMOUNT PAST DUE: $75171.89 HOW TO CURE THE DEFA UL - You may cure the default within 'THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,171.89, PLUS ANY MORTGAGE PAYMENTN AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashiers check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P-0- Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (3 0) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debL This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IN FORECLOSED UPON - The mortgaged property will be sold by the Sheri to pay off the mortgage debt. If the lender refers your case to its attorney `s, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00_ Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (3 0) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITI PAACT91 Page 5 of 8 2271261626 other sums due under the mortgage. RIGHT TO CURE THE DF.FAI7LT PRIOR TO SHERIFF'S SALE - If you have not cured the defwdlt within the THIRTY (3 0) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mnrtgage_ Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 -280 -2050 from Puerto Rico. Fax Number: 1- 866 -940 -8147 Contact Person: MarkAnthony Hartland E-Alad Address. markanthony.b.hartiand @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 Page 6 of 8 2271261626 I YOU 114 Y ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OB'T'AIN 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 BEITALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTRUfED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OT14PR DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUAIER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you. dispute the validity of this debt, or any portion thereof within this thirty (30) days period we will provide you �� ith written verification thereof, otherwise the debt will be assumed to be valid_ Sincerely, j CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 Page 7 of 8 2271261626 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 02/191201304:29 FM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region -- 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front Si 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc FHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17 L I O 717 -334 -1518 717- 780 -3940 800 -342 -2397 K HC Page8of8 2271261626 1664 THE COURTS FORM 1. U.S. BANK NATIONAL ASSOCIATION AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR CFMSI REMIC 2003 -04 - CUMBERLAND COUNTY, REMIC PASS - THROUGH CERTIFICATES i PENNSYLVANIA SERIES 2003 -04 1000 Technology Drive O'Fallon, MO 63368, CIVIL Plaintiff, Vs. a _ Daniel J. Shank a/k/a Daniel Shank 2380 Lambs Gap Road co 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) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. ectfully submitted: Date Ro ert W. Williams, Esquire Milstead & Associates, LLC 1 E. Stow Road Marlton, NJ 08053 856- 482 -1400 856- 482 -9190 (f) PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 1665 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Horne: Office: Cell: Other: Email: # of people in household: How long? INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default Is the loan in Bankruptcy? Yes ❑ No ❑ 88.31605 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 1666 THE COURTS If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats motorcycles ): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) -Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payments Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. I Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 88.31605 2 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 1667 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days ✓ Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation (hardship letter) ✓ Listing agreement (if property is currently on the market) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY C F 1 TriE. FROTHW3 70k APR -8 PH 3:3f CUMBERLAND COUNT PENNSYLVANIA • , OFFICE OF THE SKERIFP U.S. Bank National Assocation vs. Daniel J. Shank Case Number 2014-1869 SHERIFF'S RETURN OF SERVICE 04/02/2014 01:02 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Sandra Henninger, girlfriend, who accepted as "Adult Person in Charge" for Daniel J. Shank at 2380 Lambs Gap Road, Hampden Township, Enola, PA 17025. NOAH CLINE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, April 03, 2014 (b) CountySuite Sheriff, feicesefi, Inc. RONFJY R ANDERSON, SHERIFF MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 File No. 88.31605 OF THE oNO TAR y 20€4 JUL 33 Alf L1: CUNSERLANp PENNS YLVANIANT Y Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04 1000 Technology Drive O'Fallon, MO 63368, Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank 2380 Lambs Gap Road Enola, PA 17025, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Daniel J. Shank a/k/a Daniel Shank, Defendant, for failure to file an Answer on Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 3/15/14 through 07/25/14 Escrow Advance TOTAL $44,336.99 1,074.64 330.43 $45,742.06 I hereby certify that (1) the addresses of the Plaintiff and Defendant is as shown above and (2) that notice has been given in accordancwi(,.._ 237.1. copy attached. 'i. Ro.ert W. Willi•r s, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: --11 ." 11 `I PROT ©— v I TARY 03\)\-\€\L"c-i \' 4SCk ctuip (Axe NAS F MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400. Attorney for Plaintiff Our file number: 88.31605 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04, Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 TO: Daniel J. Shank a/k/a Daniel Shank 2380 Lambs Gap Road, Enola, PA 17025 DATE OF NOTICE: June 4, 2014 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Page 1 of 3 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC By: '..bert W. Williams, Esquire ID No. 315501 Attorney for Plaintiff Page 2 of 3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Daniel J. Shank a/k/a Daniel Shank 2380 Lambs Gap Road Enola, PA 17025 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE FOR CFMSI REMIC 2003- CUMBERLAND COUNTY 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04, No.: 14-1869 Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank, , Defendant NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the. Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated. below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams; ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. 1 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act Last Name: SHANK First Name: DANIEL Middle Name: Active Duty Status As Of: Jul -29-2014 Results as of : Jul -29-2014 07:31:41 AM SCRA 3.0 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 Duly 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 duy 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 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.31605 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04 Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendant, Daniel J. Shank a/k/a Daniel Shank on April 2, 2014 by the Cumberland County Sheriff. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit "A". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. § 4904 relating to unsworn falsification to authorities. R bert W. Williams, Esquire Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFFS OFFICE OF CUMBERLAND COUNTY 03 01 irartG �*kb opFri SH.VAIPP U.S. Bank National Assocation vs. Daniel J. Shank Case Number 2014-1869 SHERIFF'S RETURN OF SERVICE 04/02/2014 01:02 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential ..Mortgage ..Foreclosure ..Diversion ., Programand .0omplaint_in- Mortgage .Foreclosure by handing a true copy to a person representing themselves to be Sandra Henninger, girlfriend, who accepted as "Adult Person in Charge" for Daniel J. Shank at 2380 Lambs Gap Road, Hampden Township, Enola, PA 17025, NOAH CLINE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, April 03, 2014 RONNY R ANDERSON, SHERIFF • (U CountySulle Sheriff, 1 eleosoh. Inc. otuN Y SHERIFF'S DEPARTMENT Fax (570) 1 825-16645 200 NORTH RIVER STREET • WILKES-BARRE, PENNSYLVANIA 18711 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1N090.31ONS EOi2 S 01.0. for Cif �Dtf-EN1 z��iT E eas y cru �Taust ale .,,.rice �`l�iru�nan 5 „ ibly DDot (CTe1cf l;lny copes;; 3. DEFENDANTS) SERVE NAME OF INDI AT A 1 r\J , _, _ _ _:•?_.fop s� _ UAL.COMPANY, CORPORATIZ}N, ETC, TO SERVICE OR DESCRIPTIO•N • em Ly ,11,14.0.— �vr�'. '� `C e 2. COURT NUMF 4r 6 1t 4. TYPE OF WRIT orOMPLAM cc PROPERTY TO BE LEVIED. ATTACHED OR SOLD. 6, .0DRESSi( treel,-er.RF,D, Apartment No., City, Boro., iwp+, State an Zfp Cope). Aro— (*) 7. INDICATE UNUSUAL SERVICE: 0 CERT. MAIL 0 DEPUTIZE 0 POST ti OTHER Now, 20 , I, SHERIFF OF LUZERNE COUNTY, PA., do hereby deputize the Sheriff of County to execute this writ and make return thereof according to low. This deputation beingmade at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING CE. t -EXT, NOTE ONLY APPLICAR4 ON WRIT OF EXECUTION: N.A. WAIVER OF WATCHMEN—My deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman.In custody of whomever is found In possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff - Jo any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sole thereat SPACE BELOW FOR USE.OF.-SHERIFF ONLY --= DO NOT WRITE BELOW THIS LINE . 1 a I acknowledge receipt of the writ y• t SIGNATURE of Authorized ICED Deputy .-- or complaintas Indicated above ; � ^, 11. Date Hied 12. Expiration/Hearing Date TO BE COMPLETED BY SHERIFF 13. Served and made known to M 4 w C..,... -elf 'ice' L ! t`:(1.: ="r L�.1 U r Detendant(s) , on the • i " day of i ifs 20 % �� at,/ o'clock 4 M.. at e,'.•.: rj �6 LAI ; �=1f,.V',F - ,T 7 w fi _ r9' • / /✓p County of Luzern Commonwealth of Pennsylvania, In the manner described below: O Defendant(s) personally served. ' "irAdult family member with whom said Defendant(s) reside(s). Relationship ❑ Adult in charge of Defendant's residence. ❑ Manager/Clerk of place of lodging in which Defendants) reside(s). ❑ Agent or person in charge of Defendant's office or usual place of business. is (C/1( 71-415i.:4 <- ❑ Other On the day of 20 at o'clock M. , Defendant not found because: ❑ Moved 0 Unknown 0 No Answer 0 Vacant © Other .J"4 -Pi ,. f /C"7 5-1;.-f -,14r Q ofs'y REMARKS: :RJ.:.? 1-'10',-""6,.•:. Arc? 4olte i4.4r. RETURNED: 14. AFFIRMED and subscribed to before me this SO ANSWERS, 15. Signature s- r i% _ - . 18. Siat`ia tf ire of Sheriff 16. Date ?r -ll -/K 19. Date 17, day of 20 20. NOTARY RAM MY COMMISSION EXPIRES: SHERIFF OF LUZERNE COUNTY 21. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING. AUTHORITY AND TITLE. 22. Date Received ,z` LUZERNE' COUNTY SHERIFF'S DEPARTMENT Fax ("0)825=184; 200 NORTH RIVER STREET • WILKES-BARRE, PENNSYLVANIA 18711 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN it gL41JN11F ($k I r 3, DEFENDANT(S).‘ 4. TYPE OF WRIT or COMPLAINT SERVE 6; --NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED OR SOLD. 1111111000. ',''c1— r i t 1 A \ _V.-` ``__I LSA C. 6. ADDRESS Stree}tt, offler RFD, Aptirrtmepnt No.,g.,tCity, Boro..,.Iv pi. Stdte and Zip ode).. ` ; . -�; �y r ; AT G- ✓ j r'"'f t I4- 4... `dl.:.."--- A—C& A �. ,3 i t Ki......C-: j--4- F.,a'� i. ,^.`}'. f L_.,.' .-- 7. INDICATE UNUSUAL SERVICE: [(CERT MAIL ❑ DEPUTIZE ❑ POST ❑ OTHER ;NS'T2UCTtDNS EQ12 SEf�V CF PRO ESS You Thirst to tine It structu�n �r, t R50;••• D FEN 1Al�1 ear hype 3r ptlrlt ieglbly Do Not detach co fes, 2. COURT NUMBER Now, 20 , I, SHERIFF OF LUZERNE COUNTY, PA., do hereby deputize the Sheriff of County to execute this writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF LUZERNE COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. .. P. "PRINT/TYPE NAME AND ADDRESS OF ATTORNEY/ORIGINATOR 1 v-; ti- w- t'LQ.)-----)4--- 14'r •.`s--- ``.'_.% -�. �..J SIGNATURE.! VA IT 66/ I ' ( j(j �tr� .} TELEPHONE gNUMBER t EXT. x:.‘,,u. f t 3 't tr i f i._3' .. 4 C i .((.>.. r I' NOTE ONLY APPLICBBIE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMEN—Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff ::.to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. AMOUNT PAID SPACE BELOW FO.R USE°OF SHERIFF ONLY - DONOT WRITE BELOW THIS LINE 10: I acknowledge receipt of the writ ' - SIGNATURE of Authorized !CSD Deputy or complaint as Indicated above. <.`I % �; F' C. , 11. Date Filed _ ` 12. ExpIration/Hearing Date TO BE COMPLETED BY SHERIFF 13. Served and made known to -137 f '/' `: `4 4 ' -711.6,1/%4C.: ,Defendant(s) r r: on the f Cs day of �_�� / �7 of ' "` ( o'clock, �� M, ,20 , at 2 :`r ! / l "7-,--..,,--- F J4,`fi ; G°i - . T /3 - f G--- County of Luzema Commonwealth of Pennsylvania, in the manner described below: ❑ Defendant(s) personally served. Adult family whom said Defendants) reside(s). Relationship is "CA 7-2--C. :'r? -6 y` `-- member with ❑ Adult in charge of Defendant's residence. ❑ Manager/Clerk of place of lodging In which Defendant(s) reside(s). ❑ Agent or person in charge of Defendant's office or usual place of business. , ❑ Other day 20 at o'clock, M On the of , Defendant not found because: ❑ Moved 0 Unknown 0 No Answer 0 Vacant 0 Other . �/ • 11/42073 _ .s. - f% -, Y: g"f' REMARKS: 7.au Ay ftJ-%'v e r<"c. .. ,f,s, ie-f'Pr .41gaR t-f4A/6: EA' i°:164., rr H,4pu 4'F;' RETURNED: SO ANSWERS. 14. AFFIRMED and subscribed to before me this_ 15. Sipnoture 16. Date 20 4f.DeputySh ,,,...-7'-''' y 17. day of 20. 18. Si urge of Sheriff 19. Date NOTARY PUBLIC MY COMMISSION EXPIRES: SHERIFF OF UIZERNE COUNTY 21. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 22. Date Received - 7-1V97 PAYMENT DATE 05/05/2014 COLLECTION STATION Sheriff- Carol RECEIVED FROM milstead 5678-14 DESCRIPTION 5678-14 PAYMENT CODE 03 Proc. Fee 04 Proc. Form 05 Proc. Train 06 Mileage Veh 07 Add. DodDef, Payments: County of Luzerne 200 North River Street Wilkes-Barre, PA 18711 RECEIPT DESCRIPTION Civil Process Fee 100.100.100 Cash. General Fund $18.00 100,60.4197.415.27 Civil Process Fee $18,00 Civil Process Form 100.100.100 Cash - General Fund $4,00 100.60.4197.415.28 Civil Form Fees $4.00 Civil Process Training 100.100.100 Cash - General Fund $20.00 100.260,105,1,1144 of Execution Training $20.00 Mileage County Vehicle 100.100.100 Cash. General Fund $25.00 100,6,2,4197.425,14 Civil Mileage. Fees s25.90, Civil Process Add. Doc/Fee 100.100.100 Cash - General Fund $6.00 100,60.4197.415.30 CMI Addtl Doc/Def Fee $6.00 Type Detail Check 128550 Total Cash Total Check Total Charge Total Other Total Remitted Change Total Received Amount $73.00 $0.00 $73.00 $0.00 $0.00 $73.00 $0.00 $73-00 BATCH NO. 2014-05001009 RECEIPT NO. 2014-00017988 TRANSACTION AMOUNT $18.00 $4.00 $20.00 $25.00 $6.00 Page 1 of 1 Total Amount: 05/05/2014 02:04:27 PM $73.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS CIVIL ACTION TRUSTEE FOR CFMSI REMIC 2003-04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04 NO.: 14-1869 Plaintiff vs. Daniel J. Shank a/k/a Daniel Shank Defendant PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above -captioned matter; 3. and index this writ against the Defendant(s) as follows: Daniel J. Shank a/k/a Daniel Shank Real Property involved: 2380 Lambs Gap Road Enola, PA 17025 DATE: Amount Due Interest from 7/26/14 to Date of Sale at $8.08 per diem (6%) TOTAL (Costs to be added) $45,742.06 Respectively submitted, Milstead & Associates, LLC Robert W. Williams, Esquire Attorney for Plaintiff 1 E. Stow Road Marlton, NJ I W53 ..sLL aos aied /31987 RW.--,w/a65 n — r - , C) r - M1 1-1 Wtj 15( 3S5tre, All that certain lot or tract of land situate along the east side of the Lamb's Gap Road in the Township of Hampdem, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at an iron pin in the center line of the Lamb's Gap Road at the northern line of land now or late of C.W. Erney being 4752 feet in a northerly direction by said center line from the Wertzville Road; thence along the center line of said road north 4 degrees 30 minutes west 100 feet to an iron pin; thence along land now or late of Robert T. Stoner and Charlotte J. Stoner, his wife, north 89 degrees east 191 feet to a post; thence along land of same south 4 degrees 30 minutes east 100 feet to a post; thence along land now or late of C.W. Erney south 89 degrees west 191 feet to an iron pin in the center line of the Lamb's Gap Road, the place of beginning. Containing .43 acres, more or less, and being improved with a one-story frame dwelling. Under and-subjeet to rights -of -ways -of -highways; s- nets and alleyways -abutting -or adjoining the premises; easements and rights-of-way of record and apparent upon the premises; and restrictions and reservations of prior record. Title to said Premises vested in Daniel J. Shank, an adult individual by Deed from Arlene V. Foust, formerly Arlene V. Clark, and William R. Foust, her husband, adult individuals dated 10/04/1988 and recorded 10/04/1988 in the Cumberland County Recorder of Deeds in Book P33, Page 354. Being known as 2380 Lambs Gap Road, Enola, PA 17025 Tax Parcel Number: 10-12-2983-011 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 88.31605 N) CD La U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE FOR CFMSI REMIC 2003- CUMBERLAND COUNTY 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04 No.: 14-1869 AFFIDAVIT OF SERVICE Daniel J. Shank a/k/a Daniel Shank PURSUANT TO RULE 3129.1 vs. Plaintiff, Defendant U.S. Bank National Association as trustee for CFMSI REMIC 2003-04 - REMIC Pass - Through Certificates Series 2003-04, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 2380 Lambs Gap Road, Enola, PA 17025: 1. Name and address of Owners(s) or Reputed Owner(s): Daniel J. Shank a/k/a Daniel Shank 2380 Lambs Gap Road Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association as trustee for CFMSI REMIC 2003-04 — REMIC Pass -Through Certificates Series 2003-04 (Plaintiff herein) 1000 Technology Drive O'Fallon, MO 63368" • 4. Name and Address of the last recorded holder of every mortgage of record: U.S. Bank National Association as trustee for CFMSI REMIC 2003-04 — REMIC Pass -Through Certificates Series 2003-04 (Plaintiff herein) 1000 Technology Drive O'Fallon, MO 63368 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 2380 Lambs Gap Road Cumberland County Courthouse Enola, PA 17025 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Hampden Township Tax Office 230 South Sporting Hill Road Mechanicsburg, PA 17050 Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 Department of Revenue Bureau of Individual Taxes Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128-0601 Cumberland County Tax Bureau 21 Waterford Drive, Suite 201 Mechanicsburg, PA 17050 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ci/'l /Lcrt(i Robert W. Williams, Esquire Attorney for Plaintiff TO: OWNER(S) PLAINTIFF/SELLER: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL PARTIES IN INTEREST AND CLAIMANTS Daniel J. Shank a/k/a Daniel Shank U.S. Bank National Association as trustee for CFMSI REMIC 2003-04 - REMIC Pass -Through Certificates Series 2003-04 DEFENDANT(S): Daniel J. Shank a/k/a Daniel Shank PROPERTY: 2380 Lambs Gap Road Enola, PA 17025 (Improvements erected thereon) JUDGMENT AMOUNT: $45,742.06 CUMBERLAND COUNTY No.: 14-1869 c rn -r� -*, cv CD CD The above captioned property is scheduled to be sold at Sheriff's Sale on March 4, 2015 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed hereto within 10 days after the filing of the schedule. Sincerely, Robert W. Williams, Esquire MILSTEAD & ASSOCIATES, LLC 1 E. Stow Road Marlton, NJ 08053 88.31605 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire 1D No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 88.31605 f RO S tiON inti 2014 SEP 18 PM 2:09 CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04 Plaintiff, vs. Daniel J. Shank a/k/a Daniel Shank Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 2380 Lambs Gap Road, Enola, PA 17025, is scheduled to be sold at sheriff's sale on March 4, 2015 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $45,742.06 obtained by U.S. Bank National Association as trustee for CFMSI REMIC 2003-04 - REMIC Pass -Through Certificates Series 2003-04. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened, you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net U. S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003-04-REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04 Vs. NO 14-1869 Civil Term CIVIL ACTION — LAW DANIEL J. SHANK a/k/a DANIEL SHANK 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: $45,742.06 L.L.: $.50 Interest FROM 7/26/14 TO DATE OF SALE AT $8.08 PER DIEM (6%) Atty's Comm: Atty Paid: $193.70 Plaintiff Paid: Date: 9/18/14 (Seal) REQUESTING PARTY: Name: ROBERT W. WILLIAMS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 1 E. STOW ROAD MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff FILED -OFFICE F THE PI-ZOTHONOTAR'; 1014 NOV 114 PM 2: 22 CUMBERLAND COUNTY PENNSYLVANIA File No. 88.31605 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04, Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, by its attorney Robert W. Williams, Esquire, and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Daniel J. Shank a/k/a Daniel Shank, by posting and tacking a copy of the Notice of Sale upon the property known as 2380 Lambs Gap Road, Enola, PA 17025 ("Premises") and by regular and certified mail to the Premises and all known addresses for the Defendant pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. 4. Plaintiff has made attempts to effectuate service of the Notice of Sheriff s Sale upon Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). 5. Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Daniel J. Shank a/k/a Daniel Shank. Service was attempted on the Defendant at property address of 2380 Lambs Gap Road, Enola, PA 17025. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit "A". 6. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "B" and made a part hereof. Said investigation provides no additional address information for the Defendant. 7. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 8. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, Daniel J. Shank a/kla Daniel Shank, by posting and tacking a copy of the Notice of Sale on the mortgaged premises known as 2380 Lambs. Gap Road, Enola, PA 17025 (the "Premises") and by regular and certified mail to the Premises. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC Robe s, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.31605 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04, Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY SS COUNTY OF BURLINGTON I, Robert W. Williams, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth below are true and correct to the best of my knowledge, information and belief. 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. 4. Plaintiff has made attempts to effectuate service of the Notice of Sheriff's Sale upon Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). 5. Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Daniel J. Shank a/k/a Daniel Shank. Service was attempted on the Defendant at property address of 2380 Lambs Gap Road, Enola, PA 17025. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit "A". 6. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "B" and made a part hereof. Said investigation provides no additional address information for the Defendant. 7. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 8. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Milstead & Associates, LLC Robert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: RobertW. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.31605 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04, Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE I. INTRODUCTION This matter comes before the Court upon the Motion of Plaintiff, for an order permitting substituted service pursuant to Pa.R.C.P. 430(a) upon the Defendant, Daniel J. Shank a/k/a Daniel Shank (the "Defendant") in this mortgage foreclosure action. II. FACTS Plaintiff filed suit against the Defendant in Mortgage Foreclosure.. Plaintiff is the mortgagee. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. Plaintiff has made attempts to effectuate service of the Notice of Sheriff's Sale upon Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). Plaintiff has made attempts to effectuate service ofthe Notice of Sale upon Defendant, Daniel J. Shank a/k/a Daniel Shank. Service was attempted on the Defendant at property address of 2380 Lambs Gap Road, Enola, PA 17025. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit "A". Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "B" and made a part hereof. Said investigation provides no additional address information for the Defendant. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. III. LEGAL ARGUMENT According to Pa.R.C.P. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made." Pa.R.C.P. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a). It is well settled that, pursuant to Pa.R.C.P. 430(a), a method of substituted service which is reasonably calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa: Super. 608, 616 (1987). The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant at the property subject to the action is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in this instant is appropriate under Pa.R.Civ.P. 430(a). IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified and regular mail to the mortgage premises and by posting the mortgaged premises. Robert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.31605 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04, Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 CERTIFICATE OF SERVICE I, Cindy Price, hereby certify that a copy of the foregoing Motion for Alternative Service was served on the following person by first class mail, postage prepaid, on the day of AkJe0/4"-7 , 2014. Daniel J. Shank a/k/a Daniel Shank 2380 Lambs Gap Road Enola, PA 17025 Ci Price Paralegal EXHIBIT "A" B&R Services for Protsaionals Inc. 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 995-0169 U.S. Bank, N.A., et al -vs- Daniel J. Shank AKA Daniel Shank COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: ***Special Instructions Malone: Association of Professional Process Servers of Professional Piocass Setvers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 14-1869 AFFIDAVIT OF SERVICE B&R Control # CSI Reference Number 88.31605 SERVICE INFORMATION On 24 day of September, 2014 we received the Notice of Sheriff Sale for service upon Daniel J. Shank AKA Daniel Shank at 2380 Lambs Gap Road Enola, PA 17025 Served Date Time In the mariner described below. j Personally served. I 1 Other Adult family member. Relationship is 224 - 1 Accepted By: 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 Description of Person Age Height Weight Other Race (<1 Not Served Date icio--/VILI Time ict 443A m Not Served Information I I Moved I Unknown 0909 iR err) (010-11k-4 — 7:0qPni No Answer Li Vacant 1 I Other OIC) I ( 1 — /010-71/14 — A rri 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/Shoriff odd lSepror Law Firm Phone (856)482-1400 Fo Anthony Price Milstead and Associates 1 East Stow Road Marlton, NJ 08053 COMMONWEALTH OF PENNSYLVANPsworn NOTARIAL SEAL y Edcius, Notary Public ower Paton Township, Dauphin County y commission expires April 11,2018 Sex to and subscribed before me this day of OdoiDef- 20/y Notary Pub ic ServeBy Date 10/23/2014 Filed Date Sale 3/4/2015 ORIGINAL 267WIRG EXHIBIT "B" 424 Mlitt, RMT SERVICES LLC "You Seek and We Find" Number: 88.31605 Date: October 22, 2014. Plaintiff: U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003-04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04 Vs. Defendant: Daniel 3. Shank a/k/a Daniel Shank • County: Cumberland Person to Locate: Daniel J. Shank a/k/a Daniel Shank XXX -XX -3815 AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS 1) 2380 Lambs Gap Road, Enola, PA 17025 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland County. INQUIRY OF 1HE CREDIT BUREAU Inquiry with credit bureau, confirms the most current mailing address for Daniel Shank as address #1 listed above. Please see document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The telephone company operator has address ##1 above listed to Daniel J. Shank, but a phone number is unavailable. (717) 732-2695 is a phone number used from the credit bureau listings. VERBAL TELEPHONE INQUIRIES/CONTACTS: (717) 732-2695: 10-22-14 at 11:02 a.m. continued to ring Neighbors closest to 2380 Lambs Gap Road 2350 Lambs Gap Road: 10-22-14 at 11:05 a.m. answering machine 2383 Lambs Gap Road: 10-22-14 at 11:06 a.m. answering machine 2390 Lambs Gap Road: 10-22-14 at 11:07 a.m. answering machine i CERPIFY UNDER PENALTY OF PERJURY. THAT THE FOREGOING IS TRUE A �► s : , :,ry' T c + OF MY . ♦ n ' , i UNDERSTAND FALSE STATEMENTS HEREIN ARE MADE SUBJECT TOT HE PENALTIES RELATING ID DANIEL SHANK 2380 LAMBS GAP RD ENOLA, PA 17025 Telephone Date Reported (717) 732-2695] .1 05/31/2014 DANIEL SHANK 2380 LAMBS GAP RD ENOLA, PA 17025 1 (717) 732-2695 04/30/2014 DANIEL SHANK 2380 LAMBS GAP RD (717) 732-2695, ENOLA, PA 17025 04/30/2014 DANIEL SHANK 2380 LAMBS GAP RD ENOLA, PA 17025 DANIEL J SHANK 2380 LAMBS GAP RD !I ENOLA, PA 17025 07/06/2011 06/15/2009 DANIEL J SHANK 2380 LAMBS GAP RD 11/30/2007 ENOLA, PA 17025 DANIEL J SHANK 2380 LAMBS GAP RD ENOLA, PA 17025 DANIEL J SHANK 2380 LAMBS GAP RD ENOLA, PA 17025 10/02/2007 08/13/2007 DANIEL SHANK Ii 2380 LAMBS GAP RD (717) 732-2695.1 07/14/2000 ENOLA, PA 17025-1125 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff FILED -OFFICE CF THE PROTHONOTARY 201ii NOV 19 PH 3: 5-7 CUMBERLAND COUNTY PENNSYLVANIA File No. 88.31605 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CFMSI REMIC 2003- 04 - REMIC PASS-THROUGH CERTIFICATES SERIES 2003-04, Plaintiff, Vs. Daniel J. Shank a/k/a Daniel Shank, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1869 ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Plaintiff, by and through its attorney, Robert W. Williams, Esquire, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this I')* day of Ahvtuax.r. , 2014, ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Notice of Sale on the Defendant, Daniel J. Shank a/k/a Daniel Shank, shall be made by posting and tacking the Notice of Sale on the premises known as 2380 Lambs Gap Road, Enola, PA 17025 (the "Premises") and by regular and certified mail to the Premises. c BY T COURT: i fil J.