Loading...
HomeMy WebLinkAbout14-3865 Supreme Co ' . o. ennsylvania COUI bfrCOIYIIno leas For Prothonotary Use Only: CILVIo�er�Slre_et Docket No: CUNfBERLANIS County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lain or rules ofcourl: Commencement of Action: S El Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: .h CITIMORTGAGE, INC., SUCCESSOR BY MERGER Ttd ASHER J. ZEITLEN Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes El No (check one) E]outside arbitration limits O N Is this a Class Action Suit? 0 Yes el No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: POWERS,KIRN &ASSOCIATES, LLC Check here if you have no attorney{are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution [31 Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle 0 Debt Collection:Other 0 Board of Elections Nuisance Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) [3 Employment Dispute: ,Slander/Libel/Defamation Discrimination 0 C 0 Other: Employment Dispute:Other Zoning Board .I, Other: I 0 Other: O MASS TORT Asbestos N [3 Tobacco Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent 0 Mandamus Landlord/Tenant Dispute 0 Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 0 Quo Warranto i Dental Partition 0 Replevin 0 Legal Quiet Title 11 Other: Medical 0 Other: i 0 Other Professional: I Updated 1/1/2011 POWERS,KIRN&ASSOCIATES,LLC Jill Manuel-Coughlin, Esquire Id. No. 63252 = ,�. , Jolanta Pekalska,Esquire Id.No. 307968 0 F t HIE PR0TH0N0TARY Harry B. Reese,Esquire 1d. No. 310501 Daniel C. Fanaselle, Esquire Id. No. 312292 c U s .,di ff.- _Z A i (03• .3 i Matthew J. McDonnell, Esquire Id. No. 313 549 O J II 3 L n L A N 0 COUNTY 1310 Industrial Boulevard, Suite 202 P L N tN S Y LVA N!A Southampton,PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF NO. VS. COMPLAINT IN MORTGAGE FORECLOSURE ASHER J. ZEITLEN 148 WALNUT STREET LEMOYNE, PA 17043 DEFENDANT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20)days after this Complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 717-249-3166 I 4aI 0? 7�/� 800-990-9108 �T I J /y IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE,BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)DO SO IN WRITING WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTI.L THE END OF THE THIRTY (30)DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20)DAYS,YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE,NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY(30)DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER,IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30)DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRN &ASSOCIATES,LLC Jill Manuel-Coughlin, Esquire Id. No. 63252 Jolanta Pekalska,Esquire Id.No. 307968 Harry B. Reese,Esquire Id. No. 310501 Daniel C. Fanaselle, Esquire Id. No. 312292 Matthew J. McDonnell, Esquire Id. No. 313549 1310 Industrial Boulevard, Suite 202 Southampton,PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF NO. vs. COMPLAINT IN MORTGAGE FORECLOSURE ASHER J. ZEITLEN 148 WALNUT STREET LEMOYNE, PA 17043 DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. CitiMortgage,Inc., Successor By Merger to ABN AMRO Mortgage Group, Inc. (hereinafter referred to as"Plaintiff") is a Corporation with a principal place of business in O'Fallon,Missouri. 2. Asher J. Zeitlen(hereinafter referred to as "Defendant")is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee. The Mortgage, dated June 3,2004,was recorded on June 25, 2004 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1871, Page 0724. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on June 3, 2004 in the original principal amount of$115,000.00,which is payable to Plaintiff in monthly installments with an interest rate of 6.000%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 148 Walnut Street,Lemoyne,PA 17043. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendant is the Record Owner of the mortgaged property located at 148 Walnut Street,Lemoyne, PA 17043. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they became due and owing. As a result of the default,the following amounts are due: Principal Balance $67,623.52 Interest to 06/13/2014 $2,838.35 Reconveyance $12.00 Release Fee $55.50 Returned Payment Charge $15.00 Escrow Advance Balance $822.16 Less Unapplied Funds ($433.25) TOTAL $70,933.28 plus interest from 06/14/2014 at$11.1162 per day, costs of suit and attorney's fees. 8. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendants in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. 9. If Defendants have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice")35 P.S. Section 1680.403c. H. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on October 15, 2013. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE,Plaintiff requests the court enter an in rem judgment against the Defendant, in the sum of $70,933.28,together with interest, costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. POWERS,KIRK &ASSOCIATES, LLC BY: ln,4 3 t V I- ❑ Ji APManuel-Cou hlin,Esquire Id.No. 63252 Elolanta Pekalska,Esquire Id. No. 307968 Harry B. Reese,Esquire Id.No. 310501. ❑ Daniel C. Fanaselle,Esquire Id. No. 312292 ❑ Matthew J.McDonnell,Esquire Id.No. 313549 Attorneys for Plaintiff Exh -lbit - A 1 ER C:10. .1ITY PA '04 JUN 25 PIS 2 52 When recorded mail to: ABH A14RO MORTGAGE GROUP, INC. P:O. sox 5064 ' Folder PIF0 PA TROY, MICHIGAN 48084 .130849 0e�464 TPOL ATTR i FINAL/TRAILING DOCUNIENTS d ing: ::1C BS 046E 1-46-05-2 ,�af(LI la �I•��t5-1� LOAN 16pace Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In this document are also provided in Section 16. (A) "Security Instrument"means this document,which is dated JUNE 3, 2004, together with all Riders to this document. (B) "Borrower"is ASHBR J. ZEITLEN, A SINGLE MAN. Borrower is the mortgagor under this Security Instrument, (C)"Lendor"is ABH AMRo MORTGAGE GROUP, INC. Initials: PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTAYMENT Form 50391A" ®1999 2004 Online Documents,inc. Patio 1 o1 16 PAUDEED PAUDEDL 0404 06-02-2004 8:54 81 1!6 104 7 1 f s:• . / ♦ a J , ' LOAN Lender is a coRpoRknom organized and exi., q under the laws of DELAWARE. Lender's address is 2600, W. BIG BEAVER RD., TROY, MICHIGAN 48084. Lender is the mortgagee under this Security Instrument. (D) "Nota"means the promissory note signed by Borrower and dated JUNE 3, 2004. The Note states that Borrower owes Lender **ONS HUNDRED FIFTEEN THOUSAND AND 10/100 **********�***«*.►******+r►w r*****a+e*►rs r r*t**�# Dollars (U.S. $115,000.00 ) plus interest.Borrower has promised to pay-this debt in regular Periodic Payments and to pay the debt In full not later than .JULY 1, 2024. (E) "Property"means the property that is described below underthe heading'Transfer of Rights in the Property." -,c (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 Instrument that are executed by Borrower.The following Riders are to be executed by Borrower[check box as applicable]: [Adjustable Rate Rider =Condominium Rider =Second Home Rider lD Balloon Rider =Planned Unit Development Rider O Others) [specify] Q 1-4 Family Rider D Biweekly Payment Rider F--1 V.A. Rider (H)"Applicable Law"means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues,fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer"means anytransfer offunds,otherthan a transaction originated by check, draft,or similar paper instrument,which is initiated through an electronic tenrlinai,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 isnot limited to, point-of-sale transfers, automated teller machine transactions,transfers Initiated by telephone,wire transfers,and automated clearinghouse transfers. (IQ"Escrow Items"means those Items that are described in Section 3. ; (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro- °•r��:�; +;. ceeds paid by any third party(other than Insurance proceeds paid under the coverages described In w•., Section 5)for: (I)damage to,or destruction of,the Property; (ii)condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (N)"Periodic Payment"means the regularly scheduled amount due for()principal and interest under the Note, plus II any amounts under Section 3 of this Security Instrument. Initials (IL PENNSYLVANIA-Single Far*-Fannie Mae/Froddle Mac UNIFORM INSTRUMENT Form 3039 t/01 01900-2004 Onllne Documents,Inc. Page 2 of 16 PAUD 0404 06-02-2004 8x54 uil y r i i•�. _ I B J � 5 , e LOAN (0)"RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C.-§2601 *eq.) ana-M -W 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 Borrowal"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lander:0 the repayment of the Loan,and all renewals,extensions and modifications of the Note;and {ii)the performance of Borrowet"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 Cousm IType of Recording Jurisdiction] Of [Name of Recording Jurisdiction]: SSB LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOP. which currently has the address of 148 WALNUT sT, LEMoYNE, [ I IOlril .Pennsylvania 17043 -("Property Address'7: [tip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property Is unencumbered,except for encumbrances of record.Borrowerwarrants and will defend generally the titletothe Property against all claims and demands, subject to any.encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. C_A- PEWSYLVANW-Single Iaitialsr Famiy-Fannie Mae/Fmddle Mae UNIFORM INSTRUMENT Form 30381/0'I 0 im--2004 Ongne Documents,Inc. Page 3 of 16 PAU 04 06-02-2004 8e54 ,w i S t ' LOAN UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of 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 Lenderwhen received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions In Section 15.Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.-Lender may accept any payment or partial payment insufficient to bring the Loan current,without walver 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-wig 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 underthe Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described In this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note;(b)principal due underthe 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 exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under r the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due underthe 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 I tru ant initials PENNSYLVANIA—Single Family—Fannia Mae/Freddie Mac UNIFORM INSTRUMENT Forth 30391/01 ®1999-2004 Online Documenta.Inc. Page 4 of 16 PAUDL 06-02-200 etu n�{ I 7 , t°^ 7 2 7 LOAN #, as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Props ,-R" any: (c) premiums for any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage.insurance premiums In accordance with the provisions of Section 10.These Items are called "Escrow Items."At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees,,and Assessments, if any, be escrowed by Borrower, and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.Borrowershall pay Lender the Funds for Escrow Items t, unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive-Borrower's-obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, ' as the phrase"covenant and agreenient"is used in Section 9.If Borrower is obligated to pay Escrow Items directly,pursuantto awaiver,and Borrowerfails 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 astoanyorall Escrow Items at anytime by a noticegiven in accordancewith Section 15 and,upon such revocation,Borrowershall pay to Lender all Funds,and In such amounts,that are then required under this Section 3. Lender may,at any tirne;collect and hold-Funds-In-an amount-(a)sufficientto permit Lenderto apply the Funds at the time specified under RESPA,and(b)notto exceed the maximum amount a lender can require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or In any Federal home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.Lender shall not charge Borrowerfor holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lenderto 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 arm writing,however,that interest shall be paid on the Funds.Lendershall 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 monthlypayments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lendershall notify Borrower as required by RESPA,and Borrower shall payto Lenderthe amount necessaryto make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Initials$ �N PENNSYLVANIA-Single Family-Fannh Mee/Freddie Mae UNIFORM INSTRUMENT Fam 30391/01 e+1990-2004 online oocumerds,Inc. Page 6 of 16 PADDED 0404 06-02-2004 8154 LOAN # Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refurau to Borrower any Funds held by Lender. :. 4. Charges; Uens. Borrower shall pay all taxes, assessments, charges,fines, and Impositions attributable to the Property which can attain priority over this Security instrument, leasehold payments or ground rents on the Property,If any,and Community Association Dues,Fees,and Assessments, If any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien In, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.if Lender determines that any part of the Property is subject to alien which can attain priority overthis Security Instrument,Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including, but not limited to;earthquakes and floods, for which Lender requires ". Insurance.This Insurance shall be maintained in the amounts (including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change �fa+ri?w�g c during the term of the Loan.The insurance carrier providing the insurance shall be chosen by Borrower ._,.. ,,:.�,;:,�,;S:s.• subject to Lender's right to disapprove Borrower's choice, which right shall not be'exercised unreasonably.Lender may require Borrower to pay,in connection with this Loan,either:(a)a one-time charge for flood zone determination, certification and tracking services; or(b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. . If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,at tender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might notprotect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect.Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest, upon notice from Lender to Borrower requesting payment. Initials PENNSYLVANIA-Single Family-Fannia Mae/Fraddla Mae UNIFORM INSTRUMENT Form 30391/01 ®]999.2004 online Documents,Inc. Page 6 of 16 PAUD 0404 06-02-2004 8354 CIi -' 729 • All insurance policies required by LenW/ W I der 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 insurancewas required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series ofprogress a ents as the work is completed.Unless an agreement is made in writing or ' payments P g g Applicable Law •�.<.M;,;;�:: requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest oreamings on such proceeds.Fees for public adjusters,orother third parties,retained by Borrower shall not be paid out ofthe insurance proceeds and shall be the sole obligation of Borrower.If therestomtion or repalr 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 ornot then due,with the excess,ifany, paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. if Borrower abandons the Property, Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30- day period will begin when the notice is given. In either event,or If Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b)any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy,establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,-which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are 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 ornot Borrower is residing in the Property,Borrower shall maintain the Property in orderto prevent •�•: . > the Propertyfrom deteriorating or decreasing in value due to Its condition.Unless it is determined pursuant to Section 5 that repairor restoration is not economicallyfeasible,Borrower shall promptlyrepairthe Property if damaged to avoid further deterioration or damage. if insurance or condemnation proceeds pw]djn Initials PENNSYLVANIA-Single Family-Fannle Mae/Froddio Mae UNIFORM INSTRUMENT Form$0391/01 ®1999.2004 online Documents,Inc. Page 7 of 16 PRUDE 0404 06-02-2004 StS4 ul` 1 v 7 i FIG C) 7 ♦ r LAVH I! connection with damage to,or the taking of,the Property, Borrower shall be responsible Tor repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in asingle payment or In a series of progress payments as thework Is completed.if the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's'obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may aspect 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. . . a. Borrower's Loan Application. Borrower shall be in default it, 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 ilmhad to,representations concerning Borrower's occupancy ofthe Property as Borrower's principal residence. , 9. Protection of L.endees Interest in the Property and Rights Under this Security Instrument. if(a)Borrower fails to perform the covenants and agreements contained In this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security'Instrument(such as a proceeding in bankruptcy, probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonablq or appropriate to protect Lender's interest in the Property and rights under this Securityinstrument,including protecting and/or assessing the value of the Property,and securing and/ or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument;(b)appearing in court;and(c)paying reasonable attorneys' fees to protect its Interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding.Securing the Property includes, but is not limited to,entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions, and have utilities turned on or off.Although Lender may take action under this Section 9,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. k. •ti�xyn• Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date ,• of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a.'leasehold, Borrower shall comply with all the provisions of the - lease,Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not,without the express written consent of Lender, after or amend the ground lease. If Borrower acquires fee We 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.tf,forany reason,the Mortgage Insurance coverage required by Lender ceases to be available from the it e initials: PENNSiiLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 ®1989-2004 Online Documents,inc. Page a of 16 PAUD 0404 06-02-2004 8i54 CIS 1ii n i 11I I r,., .• / 3 1 . 4 i i �3 v �x YAAH # :�.. insurer that previously provided such insurance and Borrower-was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage insurance. Such loss reserve 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 tongerrequire loss reserve payments IlMortgage Insurance coverage(In the amountand for the period that Lender requires)provided by an insurer selected by Lenderagain becomes available, is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrowerwas required to make separately designated payments toward the premiums for Mortgage Insurance, Borrowershall pay the premiums required to maintain Mortgage Insurance in effect,orto provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with anywritten agreement between Borrowerand Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity thatpurchases the Note)for certain losses it may incur K Borrower does not repay the Loan as agreed: Borrower is not a party to the Mortgage Insurance. =•i 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 satisfactoryto 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 ofthese agreements,Lender,any purchaser of the Note,another insurer,any reinsurer, any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement provides that an affiliate of Lender takes a share of the Insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement Is often termed "captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-If any-with respect to the Mortgage Insurance underthe Homeowners Protection Actof 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 Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at thetlme of such cancellation or termination. Initials - PENNSYLVANIA—Single Family--Fannls Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 0 1999-2004 Online Documerde,Inc. Page 9 of 18 PAllDEDL 0404 ""'• `"' 06-02-2004 8t54 a:•r LOAN # 11. Assignment of Miscellaneous Proceeds;Forfolture.All Miscellaneous Proceeds are..-,-&.y 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 economicallyfeasible 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 be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured ' by this Security instrument,whether or not then due,with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss In value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess, If any, paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greaterthan 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 multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partialtaking,destruction,orloss in value divided by(b)thefair market value ofthe Property immediately before the partial taking, destruction, or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss In value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Propertyis abandoned by Borrower,orif,after notice by Lenderto Borrowerthatthe Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due."Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds.or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, H acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security lnstru Int.The Initials, PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 0 1909-2004 Online Docurnents,Inc. Page 10 of 18 PAUDE Oao4 06-02-2004 8#54 rr � ' Q1i1 � / 1i'`'... 7 33 a + LOAN 4• _ 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 Walver. 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 cov- enants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer");(a)is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument;and (c)agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations uriderthis Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security instrument,Borrower shall notbe released from Borrower's obligations and liability underthls Security Instrument unless Lender agrees to such release In writing,The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchar e. Initialue PENNSYLVANIA-Single Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form awsi 1/o1 0 1999.2004 online Documents,Inc, Page 11 of 16 PAUDEDL 0404 06-02-2004 8154 1 LOAB $ 15. Notices.All notices given by Borrower or Lender In connection with this Secul,Ly instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrowerwhen mailed by first class mail or when actually delivered to Borrower's notice address If sent byother means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise.The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may beonty onedesignatednoticeaddress underthis Securityinstrumentatany onetime.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. N any notice required by this Security Instrument is also required underAppiicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or It might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable 4:.. 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"glves sole discretion without any obligation to take any action. 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower.As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to,those beneficial Interests transferred in a bond for deed,contractfor deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower atafuture date to a purchaser. if all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable taw. 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 sate of the Property pursuantto any power of sale contained PENNSYLVANIA--Single Family—Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 30391/01 c 01999.2004 Online Documents,inc. Page 12 of 16 PAUt 0404 06-02-2004 8054 ui11U / LOAN In this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attomeys'fees, property inspection and valuation fees,and other fees Incurred forthe purpose of protecting Lender's interest in the Property and rights underthis 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 ormore 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 afederal 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. Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower.A sale might result in a change in the entity (known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.if there Is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.if the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrowerwill 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 time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to.Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants,orwastes by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos orformaldehyde,and radioactive-materials; Initials PENNSYLVANUI-Single Family-Fanny Mae/Freddle Mac UNIFORM INSTRUMENT Form sose 1/01 0 1688.2004 Online Documents,Inc. Page 13 of 16 PAUDEb 0404 06-02-2004 8154 LOAN i (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Properly 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 thatcan cause,contribute to,orotherwise triggeran 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;Remedlea.Lander shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lander shall notify Borrower of,among other things:(a)the default;(b)the action required to cure the default;(c)when the defaultmust be cured;and(d)thatfallure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument,foreclosure by Judicial proceeding and sale of ths " Property.Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-exlstence of a default or any other defense of Borrower to acceleration and foreclosure.If tha default is not cured as specified,Lander at Its option may require Immediate payment In full 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 remedles provided In this Section 22,including,but not limited to,attorneys'fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void.After such occurrence, Lender shall discharge and satisfy this Security Instrument.Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,butonlyifthefee is paid to athird party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers.Borrower,to•the extent permitted by Applicable Law,waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the bengfit of any initialer PENNSYLVANIA-Single Family-Fannie MaolFroddle Moo UNIFORM INSTRUMENT Form 30391/01 ®1999-2004 Online Documents,Inc. Page 14 of 16 PAUDE 0404 06-02-2004 8154 Lill I -I ., 0 1 ' I / J 7 �li ; � . i r , ' LOAN #t 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 shertfrs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment.Borrower agrees that the Interest rate payable after a judgment Is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any Aider executed by Borrower and recorded ith it. (Seal) ASHEIrJ. 21149W r n.•q PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 30491/01 ®1898.2004 Online documents,Inc. Page 15 of 16 PAUDEDL 0404 06-02-2004 8s54 LOAN •:'ter._+: Certificate of Residence / nn I, do hereby certify that the correct address of the within-name ortgagee Is 2600 W. BIG BEAVER RD., TROY, MICHIGAN 48084 Witness my hand this day of I Agent of M agee Commonwealth,p� �Sr �VANT County of ((moi F U 0.((�J On hie, he . day of AlJ oZ0 before me, h n1 Y) , the undersigned officer, personally appeared ASHER J. ZEITL135, knbwn to me (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purpose therein n ned. In witness whereof I hereunto set my hand and ffic' 1 eal •-? My commission expiresr 7u ' "U NOTARIAL SEAL i Title of Of Jeanette L.Pennington,Notary Public Susquehanna Township,County of Dsupni;. My Cornmission lxpires Sept.10,2005r Initials PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 30081/01 ®1999,2004 Online Documents,Inc. Page 16 Of 16 PAUDE 06-02-1004 8:54 s r ALL'THAT CERTAIN lot of land situate in the Borough of Lemoyne,Cumberland County,State of Pennsylvania more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Walnut Street at the line of lands formerly of Charles Martindale now or formerly of Kenneth E. Erb;thence by line at right angles to Walnut Street along the last mentioned lands in a southerly direction 88 feet more or less to a point on the lands formerly of I.H. Helges Estate;thence In a south westerly direction along the latter lands 44 feet more or less to a point;thence in a northerly direction along the line of lands formerly of C.W. Strayer, now or late of Genevieve Mercurio, 94 feet more or less to a point on the southerly line of Walnut Street;.thence in an easterly direction along the southerly line of Walnut Street 42 feet more or less to a point the place of BEGINNING. BEING Lot No. 37 and the eastern 7 feet of Lot No:36 on the revised Plan No.2, Fort Washington,which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 26. HAVING THEREON erected a two story brick and frame dwelling house No. 148 Walnut Street, Lemoyne, Pennsylvania. Parcel No. 12-21-0265-105 tll be I-CC011,01" 1 Ccrti C111111)"11"111d Cc/ i Exhibit B LOAN NOTE JUNK 3, 2004 CAMP HILL, PBNNBYLVANIA [Date] [City] [state] 148 WALNUT ST, UNOYNN, PA 17043 [Property Address] 1. BORROWER'S PROMISE TO PAY 1n return fcw a ban that I have received.I promise to pay U.S. $115,000.00 (this amount is called"Principal"), plus Interest,to the order of the Lender.The Lender Is ADN AMRO MORTGAGE GROUP, INC., A DBLRNARB CORPORATION. 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 6.000%. 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 IST day of each month beginning on AUGUST 1, 2004. twill 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.ff,on JULY 1, 2024, 1 still owe amounts under this Note,I will pay those amounts In full on that date,which is called the"Maturity Date." 1 will make my monthly payments at 4242 N. HARLW4 AVN. NORRIDIE, IL 60706 ATTNr CASHINRING or at a different place if required by the Note Holder. (B)Amount of Monthly Payments My monthly payment will be in the amount of U.S. $923.90. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at anytime before they aro due.A payment of Principal only is known as a"Prepayment.*When I make a Prepayment,I will tell the Note Holder In writing that I am doing so.I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that i owe under this Note.However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Principal amount of the Note.It I make a partial Prepayment,there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHAR43ES 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 ban 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 rotund 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 and of 15 calendar days after the date it Is due,I will pay a late charge to the Note Holder.The amount of the charge wilt be 5.0000 of my overdue payment of principal and Interest.I will pay this late charge promptly but only once on each late payment. (B)Default H I do not pay the full amount of each monthly payment on the date It Is due,I will be in default (C)Notice of Default If I am In default,the Note Holder may send me a written notice telling me that If I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice Is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even If,at a time when I am in default,the Note Holder does not require me to pay immediately In full as descded above,the Note Holder will still have the tight to do so if I am In default at a later time. ° Initials& MULTISTATE FIXED RATE NOTE-Single Famly-Fannla MaaJFnmk%Mae UNIFORM INSTRUYEW Form32001/01 m 1OW2004 Onllne Jocunwda,Inc. Page 1 of 2 F3200NQ�] 1 06-02-2004 8154 (E) Psyment of Note Hoidoes Costs and Expenses 11 the Note Bolder 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 attomeys'fans. 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 inalling it by first class mail to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated In Section 3(A)above or at a different address if I am given a notice of that different address. S. OBUGATIONS OF PERSONS UNDER THIS NOTE H more than onepperson signs this Note,each person Is fully and personally obligated to keep all of the promises uding the promise to pay the full amount owed.Any person who Is a guarantor,surety or endorser made in this Note.incl of this Note Is also obligated to do these things.Any person who takes over these obligations,Including the obligations of a guarantor,surely 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. 1o.UNIFORM SECURED NOTE This Note is a uniform Instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument',dated the same date as this Note,protects the Note Holder from possible losses which might result if 1 do not keep the promises which 1 make in this Note.ThatSecurity instrument describes how and underwhat conditions I maybe required to make Immediate payment In full of all amounts I owe under this Note.Some of those conditions are described as follows: If all or any part of the Property or any Interest In the Property is sold or transferred(or if Borrower is not a natural person and a beneficial Interest in Borrowarls sold or transferred)without Lender's priorwritten 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 tails to pay these sums prior to the expiration of this period,Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)A 0 S )OF THE UNDERSIGNED. r (Beal) ASHSR J. I.lII. PAY TO THE ORDER OF WITHOUT RECOURSE NAM RO MORTGAGE GROUP,INC. A A.B VI PRESIDENT [Sign Original Only] MULTISTATE FIXED RATE NOTE-single Fainly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 32001/01 ®1999-2004 onons Uocumarda,Inc. Page 2 of 2 Fa200NOT 0401 06-02-2004 8r54 w N Exhibit CitiMortgage,Inc. PRESORT PO Box 9090 First-Class Mail Temecula,CA 92589-9090 U.S.Postage and Fees Paid W SO Send Payment to: CitiMartgage,Inc. PO Box 689196 Des Manes,IA 50368-9196 20131015-166 Send Corrbspbndence tar. CitiMcrtgage,Inc. �'I�IIIIIII�'I�II��I�III'III"'III'I�'IIII�I�II'I�'��I�III'��II�I. 6400 Las Colinas Blvd. ASHER J ZEITLEN Irving,TX 75039 148 WALNUT ST LEMOYNE, PA 17043-1640 CITIPAACT91 r ' Sent Via Certified Mail Date: 10/1.5/2013 7196 9006 9296 9907 3107 ASHERJ ZEITLEN 148 WALNUT ST LEMOYNE,PA 17043-1640 RE: Property Address: 148 WALNUT ST LEMOYNE, PA.17043 CitiMortgage Loan#: ACT 91NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see.if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at (800)342-2397. (Persons with impaired hearing can call (717) 780-1869 This Notice contains important legal information. If you have any questions, 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 NOUFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CrfrnAACT91 Page 1 of 7196 9006 9296 9907 3107 CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENH)O DE ESTA NOTIFICAa6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRLSTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL, DEREC.HO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ASHER..I ZEITLEN PROPERTY ADDRESS: 148 WALNUT ST LEMOYNE,PA 17043 LOAN ACCT.NO.: f ORIGINAL LENDER ABN AMRO MORTGAGE GROUP,.INC. CURRENT LENDER/SERVICER CitiMortgage,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30) days from the date of this Notice(plus three(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) .DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT,"EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty(30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling aizencies for the county in which the propegty is located are set forth at the end of this Notice It.is only necessary to schedule one face-taface meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program CITIPAACT91 Page 2of6 7196 9006 9296 9907 1107 X Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer, credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action,your application MUST be forwarded to PHFA and received within thirty(30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE,IN THE SECTION CALLED"TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANYTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage.Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Brine it un to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 148 WALNUT ST LEMOYNE,PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/13 through 10/01/13 3 @$1,113.51/month 2 @$41.19/late charge/month $3,422.91 Previous Tate Charge(s): $0.00 Delinquency Expense(s): $0.00 Unapplied Funds: 677.84 TOTAL AMOUNT PAST DUE: $2,745.07 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,745.07 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent:to: N� CrrrnnAL'T91 Page 3 of6 7146 4006 9296 9907 3107 l 11 r f CitiMortgage,Inc. P.O.BOX 183040 Columbus,OH 43218-3040 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 rielrts to accelerate the morteaee 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 attorneys to start legal action to foreclose upon your morteaged property. IF.THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys;but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable :attorney's fees that were actually incurred, up to 50.00. However, if legal proceedings are started against you, you will have to.pay all reasonable attorney's fees actually incurred by the lender even if they exceed 50.00. Any attorney's fees will be.added to the amount you.owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees, OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due.under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time un to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, olus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this.Notice. A notice of the actual date.of the Sheriffs Sale will be sent to.you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out atany 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 12218 Tucson,AZ 85732-2218 Phone Number: 1-877-362-0175 Fax Number: 1-866-940-8147 Contact Person: MarkAnthony Hartland Email Address: markanthony.b.liartland@cit.i.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. CrfIPAACf91 Page 4 of6 7196 9006 9296 9907 3107 4 O 7 YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY.FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT.ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR.COUNTY CAN BE LOCATED ON THE ATTACHED LIST This is an attempt to collect a debt and any information obtained will be used for that purpose. CrrIPAACr91 Page 5of6 7196 9006 9296 9907 3107 . t . � t HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestovm Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg.,PA 17104 888-511-2227 717-232-9757 Housing 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 162S North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg;PA 17201 717.234-6616 . 717-264-5913 PA Interfaith Community Programs Inc PHFA 40.E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 71.7-780-3940 800-342.2397 HC Page 6of6 7196 9006 9296 9907 3107 a VERIFICATION Elise Aromando, hereby states that he/she is employed as Vice President — Document Control of CitiMortgage, Inc., Successor By Merger to ABN AMRO Mortgage Group, Inc., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT: By: anomdb Printed Name: Elise Aromando Title: Vice President—Document Control Plaintiff: CitiMortgage, Inc., Successor By Merger to ABN AMRO Mortgage Group, Inc. Date: FILE#: 13-1765 NAME: ZEITLEN,ASHER J. a POWERS, KIRN&ASSOCIATES,LLC , 7_ r ;�r AJill Manuel-Coughlin Esquire Id.No. 63252T'E '(- �' D i �' P • R Jolanta Pekalska,Esquire Id.No. 307968 Harry B. Reese Esquire Id.No. 310501 E i= ..2i Daniel C. Fanaselle, Esquire Id. No. 312292liF 1 .� L Matthew J. McDonnell,Esquire Id.No. 313549 ru BER AND COUNTY 1310 Industrial Boulevard, Suite 202 v i'ENNS LVAD Southampton,PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF NO. (J/ VS. COMPLAINT IN MORTGAGE FORECLOSURE ASHER J. ZEITLEN 148 WALNUT STREET LEMOYNE, PA 17043 DEFENDANT NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. 4 `�U L1, A\J/'\%.4\-//� Date Vespectfully sub itted, VManuel-Coughlin,.Esquire Id. No. 63252 nta Pekalska, Esquire Id. No. 307968 rry B. Reese, Esquire Id.No. 310501 ❑ Daniel C. Fanaselle,Esquire Id.No. 312292 ❑ Matthew J. McDonnell,Esquire Id. No. 313549 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale?Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address(if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO-BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy?Yes ❑ No❑ If yes provide names,location of court, case number&attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile#1: Model Year: Amount owed: $ Value: Automobile#2: Model Year: Amount owed $ Value: Other transportation(automobiles boats motorcycles Model)Model: Year: Amount owed$: Value: $ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description(not wages): 1. monthly amount$ 2. monthly amount$ Borrower Pay Days: Co-Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh.Fees $ Auto Insurance $ Med not covered $ Auto fuel/repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day/Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance Yes ❑ No ❑ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No ❑ y � If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact(Name) Phone Servicing Company(Name) Contact: Phone AUTHORIZATION I/We authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date f Please forward this document along with the following information to lender and Jill Manuel-Coughlin,Esquire,lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed,we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Jill Manuel-Coughlin,Esquire 1.310 Industrial Boulevard 2°d Floor, Suite 202 Southampton,PA 18966 (tel)215-942-2090 (fax)215-942-8661 Attention: Panjola Alikaj Panjola.alikai�rr pkjllc.com (tel)215-942-2090 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY O THE PROTHQHQTAI% 2014 JUL 3 i IV 36 CUMBERLAND s � PENNSYLVANIA CITIMORTGAGE, Inc., S/B/M to ABN AMR() vs. Case Number Asher Zeitlen 2014-3865 SHERIFF'S RETURN OF SERVICE 07/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Asher Zeitlen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 148 Walnut Street, Lemoyne Borough, Lemoyne, PA 17043. Residence is vacant and per the Lemoyne Postmaster mail is delivered to the address given. SHERIFF COST: $46.08 SO ANSWERS, July 22, 2014 (c) CourtySute Sheriff, Teleosoff. Inc. rr` RONI\lci R ANDERSON, SHERIFF #13-1765 1*DWERS KIRN & ASSOCIATES, LLC By: Harry B Reese, Esquire Attorney Id # 310501 Eight Neshaminy Interplex, Suite 215 Trevose, PA 19053 Telephone: 215-942-2090 OF T, 2014 SEP 0 -OFFICE TH 0 TA R DUMB RLAND PEN N 10: 14 6 OUNTY for Plaintiff CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE, GROUP. INC. Plaintiff vs. Asher J. Zeitlen Defendant COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14-3865 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty (30) da2 IT> Dated: September , 2014 . Reese, sa ire Attorney Id # 331 01 POWERS KIRN & ASSOCIATES, LLC Attorneys for Plaintiff ostIA 11.7Sp OP 3) eisq Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF THE PROTHONOTARY °AFI , QF THE:: �1�ERIFF 2014 OCT 13 AM 10: 06 CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, Inc., S/B/M to ABN AMRO vs. Asher Zeitlen Case Number 2014-3865 SHERIFF'S RETURN OF SERVICE 09/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Asher Zeitlen, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/30/2014 02:00 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Asher Zeitlen, personally, at 530 North Porgess Avenue, Harrisburg, PA 17109. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, October 07, 2014 (c) CountySuite Sheriff, Teleosot, Inc. RONR ANDERSON, SHERIFF Shelley Ruhl Real Estale Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy CITIMORTGAGE, INC. S/B/M TO ABN AMR() MORTGAGE GROUP, INC. VS ASHER ZEITLEN Sheriffs Return No. 2014-T-2610 OTHER COUNTY NO. 2014-3865 And now: SEPTEMBER 30, 2014 at 2:00:00 PM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon ASHER ZEITLEN by personally handing to ASHER ZEITLEN 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at MEETING PLACE: DUNKIN DONUTS, 530 NORTH PROGRESS AVENUE HARRISBURG PA 17109 9/30/14 13:35 - DEPUTY SPOKE TO TENANTS OF ADDRESSES 5090 CHAMBERS HILL ROAD, HARRISBURG, PA 17111 AND 711 KECKLER ROAD, HARRISBURG, PA 17111. BOTH TENANTS STATED DEFENDANT OWNS PROPERTY BUT DOES NOT RESIDE THERE; ONE TENANT PROVIDED DEFENDANT'S CELL PHONE NUMBER. DEPUTY WAS ABLE TO CONTACT DEFENDANT VIA TELEPHONE AND ARRANGED TO MEET WITH HIM, HOWEVER DEFENDANT WOULD NOT PROVIDE GOOD PHYSICAL ADDRESS. Sworn and subscribed to before me this 1ST day of October, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff ojDauphin County, Pa. By Deputy Sheriff Deputy: SEAN SULLIVAN Sheriffs Costs: $47.25 9/26/2014 Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpykoshAdplglaw.com 1-7) - OFFICE OF THE. 13 0 T N 0 TA R Y gill OCT 3 1 P : 5.4 f IANDCO T Y YL VA NIA Attorney for Defendant CITIMORTGAGE, INC., : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No: 2014-3865 ASHER J. ZEITLEN, CIVIL TERM Defendant NOTICE TO PLEAD To: CitiMortgage, Inc. c/o Harry B. Reese, Esquire Powers, Kirn & Associates, LLC 1310 Industrial Boulevard, Suite 202 Southampton, PA 18966 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. M chael osh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpvkosh andplglaw.com Attorney for Defendant CITIMORTGAGE, INC., : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No: 2014-3865 ASHER J. ZEITLEN, CIVIL TERM Defendant DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Defendant, Asher J. Zeitlen, by and through his Attorney, Michael J. Pykosh, of the Dethlefs-Pykosh Law Group, who responds to Plaintiff's Civil Action Mortgage Foreclosure Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 1 of Plaintiff's Civil Action Mortgage Foreclosure Complaint. 2. Admitted. 3. Denied. The averments as set forth in Paragraph 3 contain conclusions of law to which a response is not required. 4. Denied. The averments as set forth in Paragraph 4 contain conclusions of law to which a response is not required. 5. Denied. The averments as set forth in Paragraph 5 contain conclusions of law to which a response is not required. 6. Admitted. 7. Denied. The averments as set forth in Paragraph 7 contain conclusions of law to which a response is not required. 8. Denied. The averments as set forth in Paragraph 8 contain conclusions of law to which a response is not required. 9. Denied. The averments as set forth in Paragraph 9 contain conclusions of law to which a response is not required. 10. Denied. The averments as set forth in Paragraph 10 contain conclusions of law to which a response is not required. 11. Denied. The averments as set forth in Paragraph 11 contain conclusions of law to which a response is not required. DEFENDANT'S NEW MATTER The Defendant, Asher J. Zeitlen, sets forth the following New Matter: 12. The answers to the averments of Plaintiff's Civil Action Mortgage Foreclosure Complaint contained in Paragraphs 1-11 herein are incorporated herein by reference thereto as though herein set forth at length. 13. Plaintiff increased the monthly payment contrary to the terms of the Note Agreement rendering the monthly payment unreasonable and negativity affecting Defendant's credit. WHEREFORE, the Defendant, Asher J. Zeitlen, respectfully request judgment in his favor and against Plaintiff. Dated: (( "30 Respectfully Submitted, Michael J. Pkosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant VERIFICATION I, Asher J. Zeitlen, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: /0 2 20 Ashe J. Zeitlen Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpvkosh andplglaw.com CITIMORTGAGE, INC., Plaintiff v. ASHER J. ZEITLEN, Defendant Attorney for Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 2014-3865 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CitiMortgage, Inc. do Harry B. Reese, Esquire Powers, Kirn & Associates, LLC 1310 Industrial Boulevard, Suite 202 Southampton, PA 18966 Dated: 10-30—i L1t Respectfully Submitted, By: Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant POWERS KIRN & ASSOCIATES, LLC BY: HARRY B. REESE, ESQUIRE - ID #310501 EIGHT NESHAMINY INTERPLEX SUITE 215 TREVOSE, PA 19053 ATTORNEY FOR PLAINTIFF Green Tree Servicing, LLC COURT OF COMMON PLEAS c W Plaintiff CUMBERLAND COUNTY m V. CIVIL ACTION — .c.- ;."'�,.a MORTGAGE FORECLOSURE < z ", Asher J. Zeitlen, -:' Defendant. NO. 14-3865 CIVIL 3> CD c.. • ' . PLAINTIFF'S REPLY TO DEFENDANT ASHER J. ZEITLEN'S NEW MATTER Plaintiff, Green Tree Servicing, LLC, by its counsel, Powers Kirn & Associates, LLC, hereby replies to Defendant Asher J. Zeitlen's New Matter as follows: 12. This averment does not require a response, however, nevertheless, Plaintiff incorporates herein paragraphs 1-11 of its Complaint in Mortgage Foreclosure by reference as though fully set forth at length. 13. Denied. By way of further reply, Plaintiff acted appropriately in its dealings with the Defendant and complied with all relevant laws, rules and regulations, as well as with the terms of the subject Note and Mortgage. Moreover, the subject Note provides for fixed yearly interest payable on the unpaid principal balance at 6%. Therefore, any increase in the Defendant's payment was due to either an increase in taxes and/or insurance. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss the Defendant's New Matter and grant judgment its Plaintiff's favor as set forth in Plaintiff's Complaint. Respectfully submitted, POW 'SKI & ASSOCIATES, LLC Ab By: ARRY B.;REESE,;ES PAID 3105 IRE* VERIFICATION Harry B. Reese, Esquire of Powers Kirn & Associates, LLC, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Complaint are true and correct to the best of his information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Date: POWERS KIRN & ASSOCIATES, LLC By: A HA '4; Y7 RE WE, ESQUI Attorney for Plaintiff POWERS KIRN & ASSOCIATES, LLC BY: HARRY B. REESE, ESQUIRE - ID #310501 EIGHT NESHAMINY INTERPLEX SUITE 215 TREVOSE, PA 19053 Green Tree Servicing, LLC, Plaintiff v. Asher J. Zeitlen, Defendant, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE NO. 14-3865 CIVIL CERTIFICATE OF SERVICE The undersigned, Harry B. Reese, Esquire, hereby certifies that he will serve in accordance with Pa.R.C.P. 440 true and correct copies of Plaintiff's Praecipe to Substitute Plaintiff, Reply to Defendant's New Matter and Certificate of Service upon the following person named herein, at their last known address or their attorney of record on this date of November 11, 2014 via USPS First Class Mail. TO: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant Asher J Zeitlen POWERS KIRN & ASSOCIATES, LLC By HA 6 SE, ESQU E Attorney for Plaintiff POWERS, KIRN & ASSOCIATES, LLC Jill Manuel -Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id. No. 307968 Harry B. Reese, Esquire Id. No. 310501 Daniel C. Fanaselle, Esquire Id. No. 312292 Matthew J. McDonnell, Esquire Id. No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 (215) 942-2090 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., SUCCESSOR BY MERGER TO ABN AMR() MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 vs. ASHER J. ZEITLEN 148 WALNUT STREET LEMOYNE, PA 17043 Plaintiff Defendant COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DOCKET #: 14-3865 PRAECIPE TO SUBSTITUTE PLAINTIFF TO THE PROTHONOTARY: Kindly substitute the Plaintiff's name to read as follows: GREEN TREE SERVICING LLC to the above matter, pursuant to an assignment of mortgage recorded on 09/11/2014 in INSTRUMENT# 201420432. A copy is attached and made a part hereof as Exhibit 'A'. Date: V'4 ❑ J'l Mfiuel-Coughlin, quire Id. No. 63252 ❑ jefanta Pekalska, E uire Id. No. 307968 Harry B. Reese, squire Id. No. 310201 ❑ Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Richard J. Nalbandian, III, Esquire Id. No. 312653 en ❑ Matthew J. McDonnell, Esquire Id. No. 313549 apt Attorneys for Plaintiff 1��� ek_ki feS-LN, 1? 4 t -io EXHIBIT 'A' Inst. # 201420432 - Page 1 of Prepared By: E.Lance/NTC, 2100 Alt. 19 North, Palm Harbor, FL 34683 (800)346-9152 When Recorded Return To: CitiMortgage, Inc. C/O Nationwide Title Clearing, Inc. 2100 Alt. 19 North Palm Harbor, FL 34683 Tax Code/PIN/UPI #: 12-21-0265-105 CERTIFIED PROPERTY IDENTIFICATION NUMBERS 12-21-0265-105 - LEMOYNE BORO CCGIS REGISTRY 09/11/2014 BY TB ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC., WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON, MO, 63368, (ASSIGNOR), by these presents does convey, grant, assign, transfer and set over the described Mortgage TREE together with all interest secured thereby, all liens, and any rights due or to become due thereon to GREEN SERVICING LLC, WHOSE ADDRESS IS 7360 SOUTH KYRENE ROAD, T314, TEMPE, AZ 85283 (800)643-0202, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE). Said Mortgage dated 06/03/2004, in the amount of $115,000.00 made by ASHER J. ZEITLEN to ABN AMRO MORTGAGE GROUP, INC. recorded on , in the Office of the Recorder of Deeds of CUMBERLAND County, in the State of Pennsylvania, in Book 1871 and Page 0724. Property is more commonly known as: 148 WALNUT ST BOROUGH OF LEMOYNE, LEMOYNE, PA 17043. Dated this 09th day of September in the year 2014 CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC. B VICE PRESIDENT All persons whose signatures appear above have qualified authority to sign and have reviewed this document and supporting documentation prior to signing. CMOAV 22537715 -- MSR-2014-09-01-GRNTR Ni DOCR T0714080018 [C-2] EFRMPA1 Inst. # 201420432 - Page 2 of 3 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me on this 09th day of September in the year 2014, by Robert Vercellini as VICE PRESIDENT of CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC., who, as such VICE PRESIDENT being authorized to do so, executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally known to me. CE M. MOSS - NOTARY PUBLIC OMNI EXPIRES: 08/05/2016 Franck M. Moss Notary Public State of Florida My Commission # EE 222298 Expires August 5, 2016 Assignment of Mortgage from: CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC.,WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON, MO, 63368, (ASSIGNOR), to: GREEN TREE SERVICING LLC, WHOSE ADDRESS IS 7360 SOUTH KYRENE ROAD, T314, TEMPE, AZ 85283 (800)643-0202, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE) Mortgagor: ASHER J. ZEITLEN All that certain lot or piece of ground situated in Mortgage Premise: 148 WALNUT ST BOROUGH OF LEMOYNE LEMOYNE, PA 17043 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more particularly described in said Mortgage. Certificate of Residence I, Robert Vercellini, do certify that the precise address of the within named Assignee is: GREEN TREE SERVICING LLC, WHOSE ADDRESS IS 7360 SOUTH KYRENE ROAD, T314, TEMPE, AZ 85283 (800)643-0202, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE) VICE PRESIDENT All persons whose signatures appear above have qualified authority to sign and have reviewed this document and supporting documentation prior to signing. *22537715* CMOAV 22537715 -- MSR-2014-09-01-GRNTR N1 DOCR T0714080018 [C-2] EFRMPA1 • Inst. 1201420432 - Page 3 of 3 TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201420432 Recorded On 9/11/2014 At 8:16:50 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 168154 User ID - SW *Mortgagor - ZEITLEN, ASHER J * Mortgagee - GREEN TREE SERVICING LLC * Customer - SIMPLIFILE LC E -RECORDING *FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $35.50 $11.50 $15.00 $2.00 $3.00 $67.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland Count RECORDER OF DEEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page.