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Home My WebLink About14-4185 Supreme Court.of Pennsylvania C0Uf,C f Com` tin Pleas For Prollronotarj•Uve On1w Glvil.Co-:err,Sheet � CUIV[BERI AIVn ? County Docket No: S%lt The information collected on this form is used solely.for court adnrini.M-O ion proposes. This form does not supplement or replace die filing and service of pleadings or outer papers as required by laic or r'ule's of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑Petition S ❑Transfer from Another Jurisdiction ❑Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C CitiMortgage,Inc. Joshua H.Reep a/k/a Joshua Reep,Administrator C.T.A of T the Estate of Scott H.Reep,Deceased Mortgagor and Real I Owner,et al O Are money damages requested? El Yes ®No Dollar Amount Requested:E]within arbitration limits N check one ❑outside arbitration limits Is this a Class Action Suit? ❑Yes ®No Is this an MDJAppeal? ❑Yes ®No A Name of Plaintiff/Appellant's Attorney: Robert W.Williams,Esquire ❑ Check here if you have no attorney(are a Self-Represented (Po 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 ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Nuisance ❑ Debt Collection:Other ❑ Board of Elections ❑ Premises Liability ❑ Dept.of Transportation ❑ Product Liability(does not include ❑ Statutory Appeal:Other mass tort) ❑ Employment Dispute: S ❑ Slander/Libel/Defamation Discrimination E ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board C ElOther: T MASS TORT I El Asbestos El Other: O ❑ Tobacco N ❑ Toxic Tort—DES ❑ ToxicTort—Implant REALPROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment i ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental El Partition ❑ Replevin i ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: 4 L - PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 r 1664 THE COURTS FORM 1 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY, O'Fallon, MO 63368, PENNSYLVANIA Plaintiff, Vs. CIVIL Joshua H. Reep a/k/a Joshua Reep, Administrator C.T.A of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner 56 S Corporation Street Newville, PA 17241; and j Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner 56 S Corporation Street Newville, PA 17241, Defendants ' NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at(717) 243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 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 THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 5 � Date RoAert W. Williams, Esquire Milstead &Associates, LLC 1 E. Stow Road Marlton,NJ 08053 856-482-1400 856-482-9190 (f) PENNSYLVANIA BULLETIN,VOL.42,NO.1.3,MARCH 31,2012 THE COURTS 1665 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/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: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #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❑ 88.26053 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 1666 THE COURTS If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real.Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount Owed: Value: Automobile#2:Model: Year: Amount Owed: Value: Other transportation(automobiles,boats,motorc c� Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered Auto fuel/repairs Other prop.payment Install.Loan Payments Cable TV Child Su port/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 88.26053 2 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 THE COURTS 1667 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information,if know,regarding your lender or lender's loan servicing company: "Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: 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 Please forward this document along with the following information to lender and lender's counsel: ✓ Proof of income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation(hardship letter) ✓ Listing agreement(if property is currently on the market) MILSTEAD &ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton,NJ 08053 (856) 482-1400 Attorney for Plaintiff File: 88.26053 CitiMortgage,Inc. COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY O'Fallon,MO 63368, Plaintiff, Vs. No.. �ivil��.r� Joshua H. Reep a/k/a Joshua Reep, CIVIL ACTION MORTGAGE Administrator C.T.A of the Estate of Scott FORECLOSURE H. Reep, Deceased Mortgagor and Real Owner 56 S Corporation Street Newville, PA 17241, r: and -<> CO :V1 � ... . Harold L. Reep,Devisee of the Estate of z � Scott H. Reep,Deceased Mortgagor and Real Owner 56 S Corporation Street Newville,PA 17241, Defendants S 113.75 PA AIT-Y ��134Q©8�i3 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this, complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP'. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within . 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD &ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton,NJ 08053 (856)482-1400 Attorney for Plaintiff CitiMortgage,Inc. COURT OF COMMON PLEAS 1000 Technology Drive ; CUMBERLAND COUNTY O'Fallon,MO 63368, Plaintiff, No.: Vs. CIVIL ACTION MORTGAGE Joshua H.Reep a/k/a Joshua Reep, FORECLOSURE Administrator C.T.A of the Estate of Scott H.Reep,Deceased Mortgagor and Real Owner 56 S Corporation Street Newville,PA 17241, and Harold L.Reep,Devisee of the Estate of Scott H.Reep,Deceased Mortgagor and Real Owner 56 S Corporation Street Newville,PA 17241, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, CitiMortgage, Inc. (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1000 Technology Drive, O'Fallon,MO 63368. 2. The property herein after described was owned by Scott H.Reep by virtue of a Deed dated January 26, 1994, recorded January 26, 1994 in Deed Book T36,Page 912. The Deed is attached hereto as Exhibit"A" and made a part hereof. The said Scott H. Reep departed this life on January 17, 2011. 3. Plaintiff has determined Estate No. 21-11-0453 in the name of Scott H. Reep has been filed in the Office of the Cumberland County Register of Wills naming Joshua H. Reep a/k/a Joshua Reep as Administrator C.T.A. of the Estate and is named as Defendant herein. Plaintiff has determined Harold L.Reep is a devisee of the Estate and is named as Defendant herein. The Petition For Probate and Grant of Letter and the Last Will and Testament of Scott H. Reep is attached hereto as Exhibit`B" and made a part hereof. 4. Defendant Joshua H. Reep a/k/a Joshua Reep,Administrator C.T.A. of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner and Defendant Harold L.Reep,Devisee of the Estate of Scott H. Reep,Deceased Mortgagor and Real Owner(Collectively the"Defendants") are adult individuals and upon information and belief, resides at 56 S Corporation Street, Newville, PA 17241. 5. On September 10, 2007, in consideration of a loan in the principal amount of$82,360.70, Scott H. Reep,Deceased Mortgagor and Real Owner executed and delivered to Citicorp Trust Bank, fsb a note (the "Note")with interest thereon at 8.50604 percent per annum,payable as to the principal and interest in equal monthly installments of$715.06 commencing November 6, 2007. The Note is attached hereto as Exhibit"C"and made a part hereof. 6. To secure the obligations under the Note, Scott H. Reep,Deceased Mortgagor and Real Owner executed and delivered to Citicorp Trust Bank, fsb a mortgage (the "Mortgage")dated September 10, 2007,recorded on September 19, 2007 in the Department of Records in and for the County of Cumberland under Instrument 200736540. The Mortgage is attached hereto as Exhibit"D" and made a part hereof. 7. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded February 25, 2013 under Instrument 201306121. The recorded Assignment of Mortgage is attached hereto as Exhibit"E"and made a part hereof. 8. The Mortgage secures the following real property (the "Mortgaged Premises"): 56 S Corporation Street,Newville,PA 17241. A legal description of the Mortgaged Premises is attached hereto as Exhibit"F" and made a part hereof. 9. The loan is in default pursuant to the Note and Mortgage because payments of principal and interest due November 6, 2012, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit(if any) and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage and Note: Principal Balance ......................................$72,506.63 Accrued but Unpaid Interest from 11/12/12 to 6/30/14....................................$10,073.49. Accum Late Charges ......................................$107.25 Utility..................................................................$4.57 Escrow Advance Balance............................$2,799.22 Property Inspections.........................................$13.50 TOTAL as of 06/30/2014..........................$85,504.66 Plus,the following amounts accrued after June 30,2014: Interest at the Rate of 8.50604 percent per annum($17.1320 per diem); Late Charges per month if applicable. 11.Plaintiff has complied fully with Act No. 91 (35 P.SA680.401(c) of the 1983 Session of the General Assembly("Act 91") of the Commonwealth of Pennsylvania,by mailing to the Defendants at 56 S Corporation Street,Newville, PA 17241 on March 19, 2013,the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. The Act Notices are attached hereto as Exhibit"G" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 10, namely, $85,504.66 ,plus the following amounts accruing after June 30, 2014,to the date of judgment: (a) interest of$17.1320 per day, (b) late charges per month if applicable, (c)plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any)hereafter incurred, (e)and costs of suit. Ad MI I AD&ASSOCIATES,LLC Date: Robert W. Williams, Esquire Attorney for Plaintiff VERIFICATION ►✓'�!IV C!�t L ' L Jd� , hereby stat es that heo is a mployed as a Vice President — Document Control of CitiMortgage, Inc., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT: By: Print:Belinda L.Libbos Date: c/ ( i File#: 88.26053 Name: Joshua H. Reep a/k/a Joshua Reep,Administrator C.T.A. of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner Exhibit A i DEED THIS DEED made this 01(P-El day of January, 1994;between HAROLD .L REEP and CAROL V. BEEP, hwsband and wife, of the Borough of Newville,Cumberland County,Pennsylvania,hereirfter called"GRANTORS", AND SCOTT H. REEP, of the Borough of Newvlle, Cumberland County, Pennsylvania,hereinafter called"GRANTEE": WITNESSETH: That In consideration of One($1.00)Dollar,In hand paid,the receipt whereof is hereby acknowledged,the Grantors do hereby grant and convey to the said Grantee, his heirs and assigns, ALL that certain tract of land with the improvements thereon erected,situate in the Borough of Newviile,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point on the Western side of South Corporation Street; thence In a Westwardly direction through the center of the partition wall constructed between the house on the tract herein described and the house on land now or formerly of Charles Emyeart adjoining to Southward,a distance of 44.5 feet to a point;thence In a Northwardly direction by land now or formerly of Bemite Mackley,a distance of 75 feet io a point;thence in an Eastwardly direction by land now or formerly of Arbegast and Famer,a distance of 44.5 feet to a point on the Western aide of South Corporation Street; thence In a Southwardly direction along the Western side of South Corporation Street,a distance of 75 feet to the Place of BEGINNING. BEING Improved with the Northern half of a double frame dwelling house known as No.56 South Corporation Street. Together with the right to maintain a-water line-from the Center Street-or Big Spring Avenue to the tract herein described. DOOK 1-36 PACE 912 r BEING the same property which Glenn E. Heckendorn and Doris J. Heckendorn;his wife,by their Dead dated July 29,196.9,and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,In Deed Book T, Volume 23,Page 274,granted and conveyed unto Harold L Reap and Carol V.Reep,his wife,Grantors herein. Th within.transler Is between parents and son and is,therefore,exempt from realty trans�er taxes. AND the Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. 1 IN WITNESS WHEREOF,sald Grantors have hereunto set their hands and seals the day-and year first above written. t Signed,Sealed and Delivered in the Preonce of: Aj- V Harold L Reap Carol V.Reap 1 co c :.o 1 I T , cJ =_ 80086 PAGE 913 i COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF CUMBERLAND ) On this,the��day of January,1994,'before me,the undersigned officer,personally appeared HAROLD L.REEP and CAROL V.RBEP,husband and wife, known to me(or satisfactorily proven)to be the person whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained, IN WITNESS WHEREOF,I hereunto set my hand and offici i� ,� II NOTARIAL SEAL �1 n VIERLENE 1MARNEVKA.Netary Pm90 cvf.le.Cewberlant C"Aty.PL } i My Gmminbn Eyplrn 5/7/94 I do hereby certify that the precise residence and co fate ost o address of the within named Grantee is 56 South Corporation Street,Neeiwllie,PA 17241. January Aft c1�rne for COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF CUMBERLAND ) rte, RECORDED on this day of. -OC) 1994,in th' r Recorder's Office of the said County,in Deed Book ) Volume Given under my hand and seal of the said office,the date above 551 r- -v 8008 36 PALE 914 Exhibit B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of SCOTT H. BEEP ,Deceased ESTATE NO:21- a4/a: a/k/a: a/k/a• SS NO: Petitioner(s)who is/are 18 yrs of age or older,apply(ies)for: COMPLETE SECTION`A'or 1B'AND KC"as applicable: O A.Probate and Grant of Letters Testamentary or ElAdministration c.ta.,or d b.n.c.t.a.(complete Part C also) and aver that Petitioner(s)is/are entitled to the aforementioned Letters of Administration c.t.a. tender the last Will of the above-named Decedent,dated 5/11/1994 and codicil(s)dated CAROL V. REEP DIED 02/28/11 AND HAROLD L. REEP RENOUNCED HIS RIGHT TO SERVE AS CO-EXECUTOR. (State relevant circumstances,e.g.renunciation,death of executor,etc.) Except as follows,Decedent did not marry,was not divorced,and did not have a child born or adopted after execution of the instruments offered for probate;was not the victim of a killing, was never adjudicated an incapacitated person,and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce bad been established as defined in 23 Pa.C.S.A.§3323(pd:NONE p B.Grant of Letters of Administration (If nppllcsbnq enter d.b n,pendent lite,dnrnate absentia,durante minaritate) C_Petitioner(s),after a proper search,hasthave ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(If Administration c.t.a.or d.b.n.c.La.,enter date of Will in Section A and complete list of heirs);was not the victim of a killing;was never adjudicated an incapacitated person;and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa.C.S.A.§3323(g),except as follows:_ Name Address datlowship to Decedent a,+ t7 r-O USE ADDITIONAL SHEETS FF NECESSARY C O�r7 THIS SECTION MUST BE COMPLETED: O Decedent was domiciled at death in Cumberland County,Pennsylvania,with his/her last family o tpal reWen i m At 56 SOUTH CORPORATION STREET NEWVILLE BOROUGH. 0 (Street address with Post Office and Zip Code,Municipality:Township,Borough,City) Decedent,then 60 years of age,died 1/17/2011 at NEWVILLE, PA (Month,Day,Year of death) (City and State when death occurred) Estimated value of decedent's property at death: _if domiciled in PA All personal property $ 3,500.00 _If not domiciled in PA Personal property in Pennsylvania S _If not domiciled in PA Personal property in County $ _Value of Real Estate in Pennsylvania $ 80,000.00 Total Estimated Valne T 83.500.00 Location of Real Estate in Pennsylvania:(Provide full address if possible.) 56 S. CORPORATION STREET, NEWVILLE, PA Sigaature(s) Name(s)&Mailing Address(es) JOSHUA H. REEP 56 S. CORPORATION STREET NEWVILLE,PA 17241 interim Form RW-02 noised 1226.10 by Cumberland County pending action by the Court Pagel of 2 r•a OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania SSoo County of Cumberland C'R The Petitioner(s)herein named swear or affirm that the statements in the foregoing Petitioprrd true an �n correct to the best of the knowledge and belief of Petitioner(s)and that,as personal representative(s)c the Decedent,Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed th m thi da of 7 the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of SCOTT H. REEP , Deceased File Number: 21- AND NOW,this day of in consideration of the Petition on the reverse side hereon,satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary X of Administration c.t.a. are hereby granted to: (if:pph"Ce enter cats..d.4.n.,d bjLr wk"etc) JOSHUA H. RESP In the above estate and that instruments(s)dated 5/11/2011 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s)of cedent. enda Farner Strasbau - Register of Wills FEES: Signature of Counsel Required to Enter Appearance Letters....................$ 210.00 q2�9�_� Will...................... 16-.00 Atty's Signature Codicil(s)... ............. (z )Short Certificates 8.00 PRINTED Name: THOMAS E. FLOWER (,'dRenunciations....... -&-ma-1006 Supreme Court ID No.:83993 .Bond............................ Other............................ Address: 10 W. HIGH ST. ......................I.......... ................................. CARLISLE,PA 17013 Automation FEE......... 5.00 JCS FEE................... 23.50 Phone: 717-243-5513 c?'//If_O Fax: 717-241-4021 TOTAL................$ Interim Form RW-02 raised 12.26.10 by Cumberland County pending action by the Court Page 2 of CAWP5AWMX16epscatw 2 N _o = . co C) -3 ¢ not Mill anb fftotmwnt -off n�i i OF SCOTT H. REEP ; I, SCOTT H. REEP, of 56 South Corporation Street, Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all former Wills, Codicils, or writings in the nature thereof, by me at any time heretofore made. FIRST: I hereby order and direct my Executor or Executrix, hereinafter • f named, to pay all my Just debts, funeral expenses, testamentary expenses and all Inheritance, Estate, Transfer and Succession Taxes, as soon as may be conveniently s ' done after my death, out of my residuary estate. i SECOND: I give my entire estate, be it real, personal or mixed of whatsoever kind and wheresoever situate to my parents, HAROLD L. REEP and CAROL i - 1 V. REIEP, or the survivor, with the expectation that they will expend those funds to preserve my home at 56 South Corporation Street, Newville, Pennsylvania, with the intention that my parents may reside in that home for the duration of their lives, or as long as their health permits them to reside there. It is my belief and expectation that my I. parents will invest said funds and use the income therefrom and the principal, if I i I C:1WP51\Wi1kV00PW0twa7 necessary, for the benefit of my children HEATHER A. REEP and JOSHUA H. BEEP, and that my parents will leave any funds which they inherit from me to my children HEATHER A. REEP and JOSHUA H. REEP. In the event that neither of my parents survive me, 1 give my entire estate, be it real personal or mixed of whatsoever-kind and wheresoever situate, in equal shares to my children, HEATHER A..REEP and JOSHUA H. REEP, per stirpes. FOURTH: In the event that my children shall not have attained the age of 18 years at the time of my death, I hereby nominate, constitute and appoint my parents, HAROLD L REEP and CAROL V. REEP of 56 South Corporation Street, Newville, Pennsylvania, as Guardians of the person of any such child until said child shall have attained the age of 18 years. In the event that HAROLD L REEP and CAROL V. REEP, shall be unable to act as Guardians, or their personal circumstances shall be such that they deem it unadvisable to act as Guardians, they shall assist a court of appropriate jurisdiction in appointing a Guardian,taking into account the wishes that 1 have expressed to them during my lifetime. FIFTH: In the event that one or both of my said children shall not have attained the age of 30 years at the time of my death, I hereby give, devise and bequeath that child's share of my estate to Farmers Trust Company, of Carlisle, Pennsylvania, IN TRUST NEVERTHELESS, for the use and benefit of my said children. The Trustee shall 2 c:1vp511vi(Llreepcatwn7 Invest the funds in good and safe securities, legal for trust funds in the Commonwealth of Pennsylvania, and may use the income derived therefrom and principal, if necessary, for the support, maintenance, health, education and general welfare of my said child or children. In addition, I hereby authorize and empower the Trustee to use as much of the principal as it in its sole discretion shall deem necessary and proper for the support, maintenance, health, education and general welfare of my said children, and to distribute absolutely to them their appropriate share of the principal and accumulated income, if any, as follows: A. Ten (10%) percent thereof upon the attainment of the age of twenty-one (21) years; B. Fifteen (15%) percent thereof upon the attainment of the age of twenty-five (25) years; and C. The balance thereof upon the attainment of the age of thirty (30) years. Provided, however, that N the size of my estate is not sufficiently large to make it economically feasible, in my executors sole discretion, for the trust to be professionally managed by the Farmers Trust Company, I appoint HAROLD L. REEP and CAROL V. REEP, or the survivor, Trustee under the terms set forth above in this paragraph. 3 LASTLY: 1 nominate, constitute and appoint my parents, HAROLD L REEP and CAROL V. RESP, or the survivor, to be the Executor of this my Last Will.and Testament. Should my parents be unable to act for any reason, then I appoint FARMERS TRUST COMPANY,to act as Executor their place and stead. No executor shall be required to file a bond in this or any other jurisdiction. IN WITNESS WHEREOF, 1 have hereunto set my hand and sea] this �TN day of M A`� . 1994. Scott H. Reep SIGNED, SEALED, PUBLISHED and DECLARED in the presence of. r I D- LK- L 4 e:\wp311WMgk0cp8cct WR COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND 1, SCOTT H. RESP, Testator, whose name is signed to the attached or foregoing Instrument, having .been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and ack owl ed before me, by SCOTT H. REEP, the Testator, this 11�' day of ' 1994. Scott H. Reep, T stator a- koliuy Public aNOTARIAL SEA' S A J.BUWHOLDER,Notary P�E(sie.Curnberiand County,Pai I:xpres Feb.12,1996 5 e:\wgSllw�bkecpoat*n7 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, m�c,Ky and JP�cnts .Srl�wf SR . the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that SCOTT H. RESP signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by �AAM and JQ- this 1\``- day of1994. Witness ahttk 0,1 wkness- C Public jN0=TjAREAL TEINofiary u",Pa. Wy eb.12,19:: 6 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA ic/3 In re: Estate of SCOTT H. REEP, deceased 7 _. a; i, Ta►l� F• SiLRK ,in my capacityas, V I GE PP,E51 peo—r of M&T Bank,successor in interest to Farmers Trust Company,named alternate executor under the last will and testament of the above Decedent,in my capacity as suchy IC,� f aS10 elJ-t being authorized to do so, do hereby renounce the bank's right to administer the Estate of the Decedent'and respectfully request that Letters be issued to JOSHUA H.REEP. M PPM 30 ,2011 11 — (Date) lignature) M&T Bank 1 West Nigh Street Carlisle,PA 17013 Executed In Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of,. that he or she executed the renunciation for the purposes stated within on this 30day of ard-- 2011. Deputy for Register of Wills /. N tary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jessica L Reese,Notary RM Cartrb8oro,Cmftdand County My Cormisdm EVIrm Ap!28,2011 Mon*w,t'owylwnle As Stan of Nwrl" r.i RENUNCIATION �Q a c%? REGISTER OF WILLSPIZ C-77 CUMBERLAND COUNTY,PENNSYLVANIA 0�O -f `-' f-FnD Estate of SCOTT H.REEP Deceased 1, HAROLD L BEEP , in my capacity/relationship as (Prim Name) NOMINATED CO-EXECUTOR of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to JOSHUA H.REEP MARCH ,2011 (Date) (Sigmture) 56 S.CORPORATION STREET (Street Ad&ess) NEWVILLE,PA 17241 (city,state,4) Executed in Register's Ojj4ce Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of that he or she executed the renunciation for the purposes stated within on this l-1 '!' day oft Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date ofexpiraaon of Notary's Commission.) C i�L�101►PTAW p�wrl V KA T�SEFLOWER Form RW-06 rev.10.13.06 pubk�qp. (; � `^^aors�011 Oc er28, 14 Exhibit C NOTE September 10,2007 Newville Pennsylvania [Date] [City] [State] 56 S CORPORATION ST,NEWYILLE,PA 17241-1419 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S. $82,360.70 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Citicorp Trust Bank, fsb 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 and shall accrue daily until the full amount of Principal has been paid based upon a yearly rate of 8.50604 %. Interest will be computed on the basis of a 360 day year. 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. Because interest accrues daily, if my monthly payment is not received by Lender by the date such payment is due, interest will continue to accrue until the day such payment is received by Lender. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my first monthly payment on November 6,200 and on that day each month thereafter. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied to interest computed to the date of payment before Principal. If, on October 6,2027 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the"Maturity Date." I will make my monthly payments at Citicorp Trust Bank, fsb,P.O.Box 371453,Pittsburgh,PA 15250-7453 or at a different place if required by.the Note Holder. (B)Amount of Monthly Payments i My monthly payment will be in the amount of U.S. $ 715.06 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or to the amount of my monthly payment unless the Note Holder agrees in writing to those changes. i Apptication No. Account MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Modified Form 3200 1/01 Modtfled by Citicorp Trust Bank,fsb 400018 7/2006 Page t of 4 Initials: 5. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated i as a partial Prepayment. i 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000 %of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C)Notice of Default If I am in default,-the-Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include, for example, reasonable attorneys' fees (unless the property is located in West Virginia). 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must he given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is frilly and personalty obligated to keep all of the promises made,in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor (and waive the benefit of the homestead exemption as to the Property described in the Security Instrument (as defined below) if the property is located in Virginia). "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. Application No. - Account N -" ---- MULTISTATE FIX®RATE NOTE-Single Family-Fannie Mae/Freadie Mac UNIFORM INSTRUMENT Modified Form 3200 1101 Modified bCiticorp Trust Sank,fsb Paye 2 m 4 400018 7720 06 i 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. [The following provision applies to ALASKA loans only.] NOTICE OF OTHER REMEDIES To the extent set forth in this Note and any Rider attached hereto (a) the mortgagor or trustor ("Borrower") is personally obligated and fully liable for all amounts due under this Note, and (b) the holder hereof has the right to sue on this Note and obtain a personal judgment against the Borrower for satisfaction of all amounts due under this Note either before or after a judicial foreclosure, under Alaska Statutes§§ 09.45.170 through 09.45.220, of the deed of trust which secured this Note. [The following provision applies to FLORIDA loans only.] DOCUMENTARY TAX The stale documentary tax due on this Note has been paid on the mortgage securing this indebtedness. [The following provision applies to NEW HAMPSHIRE loans only.] ATTORNEYS' FEES Pursuant to New Hampshire Revised Statutes Annotated § 361-C:2, in the event that Borrower shall prevail in (a) any action, suit or proceeding, brought by Lender, or (b) an action brought by Borrower, reasonable attorneys' fees shall be awarded to Borrower. Further, if Borrower shall sucessfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by Lender, a court may withhold from Lender the entire amount or such portion of its attorneys' fees as the court shall consider equitable. Application No. 6 cunt 1 MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Modified by Citicorp Trust Bank,fsb Page 3 of 4 Modified Form 3200 1/01 400018 7!2006 STIR [The following provision applies to VERMONT loans only.] NOTICE TO CO-SIGNER YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED —&�+L (Seal) SCOA IL BEEP -Borrower (Sign Original Only) Application No Account MULTISTATE FIX®RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Modified by Citicorp Tnist Hank,fsb Page 4 o/4 Modified Form 3200 1101 400018 712006 Governing Law/Prepayment Penalty Addendum to Note THIS GOVERNING LAW/PREPAYMENT PENALTY ADDENDUM TO NOTE (the "Addendum") is made this 10th day of Sqptember. 2007 , and is incorporated into and shall be deemed to amend and supplement the Note made by the undersigned ('Borrower"), in favor of Citicorp Trust Bank. fsb ("Lender") and dated the same date as this Addendum (the 'Note"). The Note is secured by a mortgage/deed of trust/security agreement (the "Security Instrument") in favor of Lender dated the same date as this Addendum. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, Borrower and Lender further covenant and agree as follows: 1. Governing Law, This Note will be governed by United States federal law and, to the extent United States federal law is inapplicable, then by the laws of the State of Delaware; except that, with regard to the perfection and enforcement of Lender's security interest in the Property, the Note and Security Instrument will be governed by the law of the state where the Property is located. 2. Prepayment Penalty. Notwithstanding anything in the Note to the contrary, the "Borrower's Right to Prepay" paragraph in the Note is modified to read, in full, as follows: "I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will telt the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. Within the first three (3) years from the date of this Note, if I prepay the balance of the Note in full, I agree to pay a prepayment penalty in an amount as follows: Three percent (3`3'0) of the unpaid Principal Balance of the Note prepaid prior to one year after the date of the Note. Two percent (29'0) of the unpaid Principal Balance of the Note prepaid from one year but prior to two years after the date of the Note. One percent (1%) of the unpaid Principal Balance of the Note prepaid from two years but prior to three years after the date of the Note. The Note Holder will use my Prepayments to reduce the amount of Principal I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment Amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes." GF330496 McW5 Application I\ Account i BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Governing Law/Prepayment Penalty Addendum to Note. (Seal) SCOTT H.KEEP -Borrower (Sign Original Only) (;MM86 RrMS Application No. ccount N ANNUAL PERCENTAGE RATE/PREPAYMENT CHARGE OPTION Borrower:SCOTT H. RESP Lender: Citicorp Trust Bank, fsb 4500 Linden Hill Drive Wilmington, DE 19808 Account Number:2002216016 This Annual Percentage Rate/Prepayment Charge Option disclosure relates to Borrower's loan transaction with Lender, as indicated by the Account Number above, and to the terms of the Disclosure Statement, Note and Security Agreement that Borrower will sign at closing. / (applicable if checked and initialed) The annual percentage rate (APR) on Borrower's loan is 9.25 , and Borrower may make a full or partial prepayment of the unpaid principal balance at any time without a prepayment charge, as reflected in Borrower's Disclosure Statement. Note and Security Agreement. ® SHR/ (applicable if checked and initialed) The annual percentage rate (APR) on Borrower's loan is 8.75 , and Borrower's loan is subject to a prepayment charge according to the provisions in Borrower's Disclosure Statement,Note and Security Agreement. Borrower acknowledges reading and selecting an annual percentage rate/prepayment charge option by providing Borrower's initials next to the applicable box checked above and signing below. SCOTT H.RESP Date Date Original(Branch) Copy(Customer) GF21122-1 7/2001 (08/30/2005) IAppncat' Borrower: SCOTT H. REEP Lender: Citicorp Trust Bank, fsb 4500 Linden Hill Drive Wilmington, DE 19808 Property: 56 S CORPORATION ST Loan No: 0`- NEWVILLE, PA 17241-1419 ADDENDUM TO TRUTH IN LENDING DISCLOSURE STATEMENT PAYMENT WAIVER PROGRAM ("PWP") THIS ADDENDUM TO TRUTH IN LENDING DISCLOSURE STATEMENT (the "Addendum") is made this Tenth day of September. 2007 , and is incorporated into and shall be deemed to amend and supplement the Truth in Lending Disclosure Statement provided to the undersigned ("Borrower"),by Citicorp Trust Bank, fsb ("Lender") and dated the same date as this Addendum (the "Truth in Lending Disclosure S(atement"). Borrower is not required to purchase Payment Waiver Protection to obtain credit. Lender's decision to grant credit will not be and is not affected by Borrower's decision to purchase or refusal to purchase optional Payment Waiver Protection. Payment Waiver is an optional provision of Borrower's loan agreement and is described and defined in the Payment Waiver Program ("PWP") Addendum to Note, which governs Lender's agreement and Borrower's benefits. In return for a fee billed monthly and added to the scheduled monthly loan payments indicated in the Truth in Lending Disclosure Statement. and under certain conditions, Lender will waive the scheduled monthly payment on Borrower's loan and the PWP monthly fee for a period of time upon the occurrence of a Disability or Involuntary Unemployment. The Payment Waiver is not insurance and will not pay the outstanding account balance. Finance Charges accrue on the loan account during any Waiver Period. Borrower should refer to and inquire about the terms and conditions, including, without limitation, the monthly fee, terms, eligibility, exclusions, termination date, waiting period and maximum waiver limit, contained in the PWP Addendum to Note. Coverage will not be provided unless Borrower signs and agrees to pay the applicable monthly fee in addition to the loan payment disclosed in the Truth in Lending Disclosure Statement. Unless coverage has been declined (below), Uwe request Payment Waiver Protection as described in the PWP Addendum to Note. It is understood that coverage as indicated below will extend solely to the Borrower(s) named on the PWP Addendum to Note(the"Covered BORROWER"). Disability and Involuntary Involuntary Unemployment Disability Only Unemployment Only Borrower's Signature First Borrower /n h NO COVERAGE I C. Second Borrower � f NO COVERAGE PWP Monthly Fee*: $ 0.00 First Year's Fee: $-0.00 *Accrued but unpaid fees,if not paid earlier,will be due and payable at the time of the final payment on the loan. However, failure to pay PWP fees may result in termination of coverage. Application Nc Account Nt GF400033 2/2005 Page t of 2 i Me hereby acknowledge reading and receiving a complete copy of this Addendum along with the Truth in Lending Disclosure Statement. S c"7m SCOTT H.REEP V Date Date Date Date Application N, Account N CF400033 2/2005 Page 2 of 2 Exhibit D Prepared By:Jennifer Reed Citicorp Trust Bank,fsb 311 New Rodgers Road Suite C Levittown,PA 19056 Retum To: Citicorp Trust Bank, fsb Doc Processing Dept,MS 121 1000 Technology Drive O'Fallon,MO 63368-2240 Parcel Number: 27-20-1756-051 Premises: 56 S CORPORATION ST NEWVILLE, PA 17241-1419 [Space Above This Linc 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 September 10,2007 together with all Riders to this document. (B)"Borrower"is SCOTT H.RESP, Borrower is the mortgagor under this Security Instrument. (C)"Lender"is Citicorp Trust Bank,fsb PENNSYLVANIA-Single Family-Fannie MaefFreddie Mac UNIFORM INSTRUMENT Form 3039 1101 Wolters Kluwer Financial Service VMP'9-S(PA)losoeLol Pzye 1 0116 Inhiels CitiMongage 3.2.11.06 V1 Lender is a Federal Savings Bank organized and existing under the laws of Delaware Lender's address is 4500 Linden Hill Drive,Wilmington,DE 19808 Lender is the mortgagee under this Security Instrument. (D)"Note"means the promissory note signed by Borrower and dated September 10,2007 The Note states that Borrower owes Lender Eighty Two Thousand Three Hundred Sixty & 70/100 Dollars (U.S. $ 82,360.70 ) plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 10/06/2027 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F)"Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument,plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: 0 Adjustable Rate Rider F-]Condominium Rider F—]Second Home Rider Balloon Rider Q Planned Unit Development Rider 0 1-4 Family Rider Q VA Rider Biweekly Payment Rider FX Other(s) [specify] Schedule"A' (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 any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (IC)"Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (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. VMP®-8(PA)psm).oi Paye 2.f 16 Form 3039 1/01 CWMortgage 3.2.11.06 VI (I)"Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus(ii)any amounts under Section 3 of this Security Instrument. (0)"RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (P)"Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has-assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage. grant and convey to Lender the following described property located in the County IType of Recording Jurisdiction] of Cumberland [Name of Recording jurisdiction): See Attached Schedule"A" which currently has the address of 56 S CORPORATION ST [Street] NE'WVILLE ICityl, Pennsylvania 17241-1419 IZip Codel ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instniment as the"Property." (n� - InRlels:�•= VMP 0-6(PA)tosoe>.ot Page 3 ar 16 Form 3039 1/01 CitiMortgage 3.2.11.06 V 1 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS_Borrower and Lender covenant and agree as follows: 1. Payment of 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 Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall he applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be Inivaiv 5 VMP--6(PA)(osoa).oi Page 4 of 16 Form 3039 1/01 CRIMortgage 3.2.11.06 V t paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount, of the Periodic Payments_ 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage lnsurance premiums, if any, or any stuns 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. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly, when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to-make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts.that are then required under this Section 3. Lender may,at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in�writing. however, that interest VMP®$(PA)losoe).ot Page 5 o1 16 Form 3039 1/01 CitiMortgage 3.2.11.06 V I shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,and Community Association Dues,Fees,and Assessments.if any_To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given.Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 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 during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay. in connection with this Loan, either; (a) a one-time charge for flood zone determination, certification and tracking services: or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. C f 11815: 1J (PA)(O506).01 Pg.6 of 16 Fora)3039 1101 CitiMortgage 3.2.11.06 Vl If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower.Borrower's equity in the Property,or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,-Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-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. Initial$: VMP s-6(PA)losoe>.oi Page 7 of 16 Form 3039 1101 CitiMortgage 3.2.11.06 V1 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shalt be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property_ Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest in the Property and Rights Under this Security Instrument. If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property_ Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court: and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property 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. (, VMP 8.6(PA)(osoe).oi Paye 8 of 16 Form 3039 1/01 CitiMortgage 3.2.11.05 V1 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by (his Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires . separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and 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 that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on'terms and conditions that are satisfactory to the mortgage.insurer and the other party(or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (whirls may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the 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/too any refund. AzMk ak: VMP®-6(PA)nosm).o1 Pnye 9 or 16 Form 3039 1101 CitiMongage 3.2.1'1.06 V1 (b)Any such agreements will not affect the rights Borrower has -if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened_ During:such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the-work has been completed.to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sures 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 partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. To 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 Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums 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 Properly or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be initials:✓ VMP(�-6(PA)(osoe>.ol Paye 10 of 16 Form 3039 1101 CiliMortgage 3.2.11.06 V I dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons. entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"); (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan-is subject to a law which sets-maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to initials: S u14 VMP'5'-6(PA)iosoe>.oi Pegc 11 M 16 Form 3039 1/01 UiMortgage 3.2.11.06 VI have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly 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 be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument_ 16. Governing Law; Severability; Rules of 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 Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial 'interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of 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 � InlUals:�� VMP 8-6(PA)(osoa).oi Pagx 12 or 16 Form 3039 1101 CidMorigage 3.2.11.06 VI agreements:(c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order: (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic .Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. 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 Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the 1 other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection: (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law: and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. InItIc15: �_ VMP®-8(PA)(0508).01 rage 13 of 16 Form 3039 1101 Citmortgage 3.2.11.06 V I 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 precedingg two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally, recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim. demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including-but not limited to,any spilling, leaking, discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22.Acceleration; Remedies. Lender shall give notice to Borrower prior to,acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things:(a)the default; (b)the action required to cure the default;(c)when the default must be cured; and (d) that failure 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 the Property.Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured as specified,Lender 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 coned all expenses incurred in pursuing the remedies 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 aid satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers.Borrower,to the extent permitted by Applicable Law.waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money morsage. 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. Init,ak:�_� VMP40-6(PA)(osos).oi Pbge 1a=f 1e Form 3039 1/01 ChiMongage 3.2.11.06 Vt BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: j, (L12-4 ��L ( (Seal) SCOTT H.BEEP YY (Seal) (Sign Original Only) VMP g-8(PA)(0508).01 Page 15 of 16 Form 3039 1/01 CitiMor(Me 3.2.11.116 V l COMMONWEALTH OF PENNSYLVANIA, (_ jlv �e_r County ss: On this, the O—A day of S -�u,te,f oco- before me, the undersigned officer,personally appeared r _I <zc known to me(or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: movAm MWKForm Nowt„FUW AWMI WO.fAMM M COWM Tide of Officer W CemetNNon Nat 14.=011 Certificate of Residence 1, Jessica Fauntleroy do hereby certify that the correct address of the within-named Mortgagee is 311 New Rodgers Rd. Suite C Levittown, PA 19056 Witness my hand this 10th day of September, 2007. o Agent of Mortgagee VMP'-6(PA)(osos).o1 Page 16 of 16 Form 3039 1101 CitiMortgage 3.2.11.06 V1 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this Tenth day of September,2007 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower")to secure Borrower's Note to Citicorp Trust Bank,fsb (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 56 S CORPORATION ST,NEWVILLE,PA 17241-1419 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY, COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5, MULTISTATE 1-4 FAMILY RIDER-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 1101 vvoiters Kluwer Financial Services IIf'1IIugN�t �IIYu�I1iII 1u��''I ttlp�m11 Pr e 1 of 3 (0413).01 C ,, n I I IAII A IINIt LI11M1 Page 1 of 3 IntUals: CitiMoctgage 3.2.11.06 VI E "BORROWERS RIGHT TO RBNSTATE' DELETED. Section 19 is deleted. F. BORROWERS OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property andall security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender s sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF REC6VER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has ,given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii ) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any udiciall appointed receiver shall be liable to account for only those Rents actually receive andvi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. Initials: VMP 11-57R(0411).01 Page 2 of 3 Form 3170 1/01 CitiMattgage 3.2.11.06 V 1 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider. _ { } (Seal) SCOTT H.REEP --$orrower (Sign Original Only) VMP 11-67R(0411).01 Page 3 of 3 Form 3170 1/01 CitiMortgage 3.2.11.06 V1 EXHIBIT A ALL THAT CERTAIN PARCEL OF LAND IN BOROUGH OF NEWVILLE, CUMBERLAND COUNTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED IN BOOK T 36 PAGE 912 ID#27-20-1756-051, BEING KNOWN AND DESIGNATED AS A METES AND BOUNDS PROPERTY. BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY DEED FROM HAROLD L. REEP and CAROL V. REEP HUSBAND AND WIFE TO SCOTT H. RESP, DATED 01/26/1994 RECORDED ON 01/26/1994 IN BOOK T 36, PAGE 912 IN CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PA_ ROBERT P. ZIEGLER RECORDER OF DEEDS ; CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 = p 717-240-6370 � a o Instrument Number-200736540 Recorded On 9/19/2007 At 12:45:35 PM *Total Pages-21 *instrument Type-MORTGAGE invoice Number-4868 User ID-RAK *Mortgagor-REEP,SCOTT H *Mortgagee-CITICORP TRUST BANK FSB *Customer-FINITI *FEE'S STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $43.50 RECORDER OF DEEDS This page is now part AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $70.50 I Certify this to be recorded in Cumberland County PA f CU A 1 � / RECORDER O D DS t�eo *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page- 110053F �II�III�I�II�I��l IIII��II Exhibit E Return To: CT LIEN SOLUTIONS PO BOX 29071 003E7D GLENDALE,CA 91209-9071 Phone#: 800-331-3282 Prepared By: CITIMORTGAGE, INC TERRY GUNN 1000 TECHNOLOGY DRIVE, MS 321 O'FALLON,MO 63368-2240 Parcel No: 27-20-1756-051 1111111 Ill Ill Ill 111111111111111111111111111111111 Ill 111111111111111111 Ill ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Current Beneficiary: Citibank, N.A.,successor in interest by merger to Citicorp Trust Bank, FSB, whose address is 1000 Technology Drive, O'Fallon, MO,63368, hereinafter Assigno Assignthe holder of the Mortgage hereinafter mentioned,for and in consideration of the sum of ONE DOLLAR ($1.00)lawful money unto it in hand paid by CitiMortgage, Inc., 1000 Technology Drive, O'Fallon, MO,63368, Assignee at the time of execution hereof, the receipt whereof is hereby acknowledged, does hereby grant, bargain,sell,assign,transfer and set over unto the said Assignee, its successors and assigns,ALL THAT CERTAIN Indenture of Mortgage given and executed by Scott H. Reep to Original Beneficiary: Citicorp Trust Bank, FSB, bearing the date 09/10/2007, in the amount of $82,360.70, said Mortgage being recorded on 09/19/2007 in the County of Cumberland County, Commonwealth of Pennsylvania, in Book: N/A Page: N/A Instrument No:200736540. Being Known as Premises: 56 S Corporation St, Newville,PA, 17241-1419 Township: Newville Description/Additional information: See Exhibit A Together with all Rights, Remedies and incidents thereunto belonging. And all its Right,Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever, subject,nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said Assignor has caused these presents to be duly executed by its proper officers Page#1 36998844 24449 PA570 Cumberland County External This 02/15/2013 Citib , N.A., successor in interest by merger to Citicorp Trust Bank, FSB By: S dr West As ' ant Vice President Delivered in the Presence of us; -- Attest: Audra K. Enlow STATE OF MISSOURI, ST. CHARLES COUNTY On February 15,2013 before me,the undersigned, a notary public in and for said state, personally appeared Sandra West,Assistant Vice President of Citibank,N.A.,successor in interest by merger to Citicorp Trust Bank,FSB personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual,or the person upon behalf of which the individual acted, executed the instrument. LAURA M.JONES NoffiSy Pubic-Notary Seal ouri CommissbW ffoor�hx*County IN Commission Expires:march 19,2U16 Notary Public Laura M.Jones Commission Number:12316868 Commission Expires: 03/19/2016 The precise address within named Assignee is: 1000 Technology Drive, O'Fallon, MO, 63368 By: 4�1� Page#2 36998844 24449 PA570 Cumberland County Extemal ASSIGNMENT OF MORTGAGE BETWEEN: Current Beneficiary:Citibank,N.A.,successor in interest by merger to Citicorp Trust Bank, FSB AND CitiMortgage,Inc. MAIL TO: Current Beneficiary:Citibank,N.A.,successor in interest by merger to Citicorp Trust Bank, FSB 1000 Technology Drive,O'Fallon,MO,63368 Page#3 36998844 24449 PA570 Cumberland County External ....... _�.. w_. .-.z.,e1 x .a t.yYf-•.r.r_+�..r..ti...-n,.. -.-e..�.......... .-... ... ... ....., -_ �..--�..-..,.....:., .<w ....,. - ... EXHIBIT A ALL THAT CERTAIN PARCEL OF LAND IN BOROUGH OF NEWVILLE, CUMBERLAND COUNTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED IN BOOK T 36 PAGE 912 ID#27-20-1756-051, BEING KNOWN AND DESIGNATED AS A METES AND BOUNDS PROPERTY. BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY DEED FROM HAROLD L. RESP and CAROL V. REEP HUSBAND AND WIFE TO SCOTT H. REEP, DATED 01/26/1994 RECORDED ON 01/26/1994 IN BOOK T 36, PAGE 912 IN CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PA. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 r. 717-240-6370 Instrument Number-201306121 Recorded On 2/25/2013 At 11:22:47 AM *Total Pages-5 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-130132 User ID-KW • *Mortgagor-REEP,SCOTT H *Mortgagee-CITIMORTGAGE INC *Customer-CT LEIN SOLUTIONS *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS now IS e This a art PARCEL CERTIFICATION $10.00 page P FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA C 0 RECORDER O D DS rvso *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003E7D III I�IDfIII II IIIA I II II I� Exhibit F ALL that certain tract of land with the improvements thereon erected,situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Western side of South Corporation Street; thence in a Wastwardly direction through the center of the partition wall constructed between the house on the tract herein described and the house an land now or formerly of Charles Emyeart adjoining to Southward, a distance of 44.5 feet to a point;thence In a Northwardly direction by land now or formerly of Bemita Mackley,a distance of 75 feet to a point; thence In an Eastwardly direction by land now or formerly of Arbagast and Famer,a distance of 44.5 feet to a point on the Western side of South Corporation Street; thence in a Southwardly direction along the Western side of South Corporation Street, a distance of 75 feet to the Place of BEGINNING. BEING improved with the Northern half of a double frame dwelling house known as No. 56 South Corporation Street. Exhibit G CitiMortgage,Inc PRESORT PO Box 9090 Temecula,CA 92589-9090 First-Class Mal U.S.Postage and Fees Pad WSO 7196 9006 9296 6070 1381 Send Payments to: CitiMortgage,Inc PO Box 689196 Des Moines,IA 50368-9196 20130319-168 nn'1i".If X1'1"-I' I' Illi-II 11"I'"'I'I'lll'lin�lil ESTATE OF SCOTT H RESP 56 S CORPORATION ST Send Correspondence to: NEWVILLE, PA 17241-1419 CitiMortgage,Inc 6400 Las Colinas Blvd. Irving,TX 75063 r CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6070 1381 ESTATE OF SCOTT H REEP 56 S CORPORATION ST NEWVILLE, PA 17241-1419 RE: Property Address: 56 S CORPORATION ST NEWVILLE, PA 17241-1419 CitMortgage Loan#: - ACT 91 NOTICE TA1% F ACTION TO SAV" YOUR NOME 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 MORTGA GE ASSISTANCE PROGRAM (HEIVIAP) may be able to help save your home. This Notice explains how the program works. To see if HEM,4P can help,you must.MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions,you may can the Pennsylvania Housing Finance Agency toll-free at(800) 342-2397. (Persons with impaired hearing can call(717) 780-1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 8 7196 9006 9296 6070 1381 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ESTATE OF SCOTT H RESP SCOTT H REEP PROPERTY ADDRESS: 56 S CORPORATION ST NEWVILLE,PA 17241-1419 LOAN ACCT.NO.: ORIGINAL LENDER: CITICORP TRUST BANK F.S.B. 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 DA TF. OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 7196 9006 9296 6070 1381 Page 3 of 8 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR AtIORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30) days of your face-to,face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE,IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAYE THE RIGHT TO FILE A HEMAP APPLICATION EYEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 7196 9006 9296 6070 1381 Page 4of8 NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONPURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANA TTEMPT TO COLLECT THE DEBT. (Ifyou have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it ilp to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 56 S CORPORATION ST NEWVILLE,PA 17241-1419 IS SERIOUSLYIN DEFAULT because.- YOU ecause:YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/06/12 through 03/06/13 5 @$715.06/month 4 @$35.75/late charge/month $3718.30 Previous Late Charge(s): $107.25 Delinquency Expense(s): $13.50 Unapplied Funds: 0.00 TOTAL AMOUNT PAST DUE: $3,839.05 HOMY TO CURE THE DEFA ULT- 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$3,839.05,PLUS ANYMORTGAGE PAYMENTSAND LATE CHARGES WHICHBECOMB DUE DURING THE THIRTY(30)DAYPERIOD_ Payments must be made either by cash,cashier's check, certified check, or money order made payable and sent to: CitiMortgage,Inc. P.O.Box 790005 St. Louis,MO 63179-0005 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt_ If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00_ However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00_ Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs_ If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriffs Sale. You may do so by paying the total amount then CITIPAACT91 7196 9006 9296 6070 1381 Page 5 of 8 past due,plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER.- Name ENDER.Name of Lender. CitiMortgage,Inc. Address: P.O.Box 790005 St. Louis,MO 63179-0005 Phone Number. 1-877-362-0175 Monday through Friday 8 AM-5 PM CST.TTY Services are also available. To access:Dial 711 from the United States or Dial 1-866-280-2050 from Puerto Rico. Fax Number.- 1-866-940-8147 Contact Person. MarkAnthony Hartland E-Mail Address: markanthony.b.hartland@citi.com EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges,and attorneys fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. FOU 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. CITIPAACT91 71% 9006 9296 6070 1381 Page 6of8 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act,Title 15,U.S.0 1692(g),you may dispute the validity of this debt,or any portion thereof if you do so in writing within thirty(30)days after the receipt of this notice.If you dispute the validity of this debt,or any portion thereof,within this thirty(30)days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage,Inc. P.O.Box 790005 St. Louis,MO 63179-0005 CITIPAACT91 7196 9006 9296 6070 1381 Page 7 of 8 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Repot last updated:0211912013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 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 PatbStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 171.02 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 HC Page 8of8 7196 9006 9296 6070 1381 CitiMortgage,Inc PRESORT PO Box 9090 First-Class Mail Temecula,CA 92589-9090111111111111111111111111 U.S.Postage and Fees Paid WSO 2271267868 Send Payments to: CitiMcrtgage,Inc PO Box 689196 Des Moines,IA 50368-9196 20130319-168 "I11"I'�I'II'il��l�lll� llll �l�lll ��llll�l� lllllll ESTATE OF SCOTT H REEP 56 S CORPORATION ST Send Correspondence to: NEWVILLE, PA 17241-1419 CitiMortgage,Inc 6400 Las Colinas Blvd. Irving,TX 75063 CITIPAACT91 Date: 03/19/2013 ESTATE OF SCOTT H REEP 56 S CORPORATION ST NEWVILLE, PA 17241-1419 RE: Property Address: 56 S CORPORATION ST NEWVILLE, PA 17241-1419 Cit>ZVMortgage Loan#: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions,you may call the Pennsylvania Housing Finance Agency toll-free at(800) 342-2397. (Persons with impaired hearing can call(717) 780-1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2of8 2271267868 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ESTATE OF SCOTT H REEP SCOTT H REEP PROPERTY ADDRESS: 56 S CORPORATION ST NEWVILLE,PA 17241-1419 LOAN ACCT.NO.: ORIGINAL LENDER CITICORP TRUST BANK F.S.B. 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 REQUIRENIENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30) days from the date of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 2271267868 Page 3of8 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for-the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofyour default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in ,submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from fling 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 noted directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 2271267868 Page 4 of 8 NOTE:IF YOU ARE, CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONPURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (lf you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFA ULT-The MORTGAGE debt held by the above lender on your property located at: 56 S CORPORATION ST NEWVILLE,PA 17241-1419 IS SERIOUSLYIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nowpast due: 11/06/12 through 03/06/13 5 @$715.06/month 4 @$35.75/late charge/month $3718.30 Previous Late Charge(s): $107.25 Delinquency Expense(s): $13.50 Unapplied Funds: 0.00 TOTAL AMOUNT PAST'DUE: $3,839.05 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS$3,839.05,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY(30)DAY PERIOD. Payments must be made either by cash,cashier's check, certified check, or money order made payable and sent to: CitiMortgage,Inc. P.O.Box 790005 St.Louis,MO 63179-0005 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then CITIPAACT91 2271267868 Page 5 of 8 past due,plus any late or other charges then due, reasonable attorney's fees and costs connected will:the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER.- Name ENDER.Name of Lender. CitiMortgage,Inc. Address: P.O.Box 790005 St. Louis,MO 63179-0005 Phone Number. 1-877-362-0175 Monday through Friday 8 AM-5 PM CST.TTY Services are also available. To access:Dial 711 from the United States or Dial 1-866-280-2050 from Puerto Rico. Fax Number. 1-866-940-8147 Contact Person. MarkAnthony Hartland E Mall Address- markanthony.b.hartland@citi.com EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges,and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. YOU MAF 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. CITIPAACT91 2271267868 Page 6 of 8 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act,Title 15,U.S.0 1692(8),you may dispute the validity of this debt,or any portion thereof,if you do so in writing within thirty(30)days after the receipt of this notice.If you dispute the validity of this debt,or any portion thereof,within this thirty(30)days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage,Ina P.O.Box 790005 St. Louis,MO 63179-0005 CITIPAACT91 2271267868 Page 7 of 8 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:02/19/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 171.02 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 HC Page of 2271267868 SHERIFF'S OFFICE OF CUMBERLAND COUNTY uRonny R Anderson Sheriff , of :r�,t, ' HE PRO i HON0 `, R Jody S Smith2014 AUG 26 Api 10; 05 ., Chief Deputy t Richard W Stewart CUMBERLAND COUNTY Solicitor OFF CE OF THE $HF,RIFF PENNSYLVANIA Citimortgage Inc vs. Case Number Joshua H Reep a/k/a Joshu Reep, Executor of the Estate of Scott H. Reep (et al.) 2014-4185 SHERIFF'S RETURN OF SERVICE 08/11/2014 09:33 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program andl Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joshua H Reep a/k/a Joshu Reep, Executor of the Estate of Scott H. Reep at 300 Grahams Woods Rd, Upper Frankford Township, Carlisle, PA 17015. 08/19/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Harold L Reep, Devisee of the Estate of Scott H. Reep, 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 56 S. Corporation Street, Newville Borough, Newville, PA 17241. Deputies adivsed that the residence was posted "unfit for human habitation" and they were advised by Joshua Reep, defendant's grandson that the defendant moved to Ohio. A Post Office check was submitted but to this date no forwarding information was provided by the Newville Postmaster. SHERIFF COST: $62.56 SO ANSWERS, August 19, 2014 RONNIY R ANDERSON, SHERIFF (cj CountySu to Sheriff, Teleosoft, L:c. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff FILED -OFFICE QI.F THE PROTHONO TAk 20!LSEP 19 Ati IQ: 43 CUMBERLAND COUNTY PENNSYLVANIA CitiMortgage, Inc., Plaintiff, Vs. Joshua H. Reep a/k/a Joshua Reep, Administrator C.T.A of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner, and Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-4185 Praecipe to Reinstate Complaint in Mortgage Foreclosure TO THE PROTHONOTARY: matter. Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned ILST P & ASSOCIATES, LLC R bert W. illiams, Esquire Attorney ID No. 315501 0 Jul 1115p4 9.1 eLif lq0q9g t31130t MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff r.r 2:I! orc 2 r L..' File # 88.26053 3 1.:; 11: CitiMortgage, Inc. Plaintiff, Vs. Joshua H. Reep a/k/a Joshua Reep, Administrator C.T.A of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-4185 MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 and R.C.P. 3129.2 (c)(1)(i)(C). TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, by its attorney Robert W. Williams, Esquire, and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner, by posting and tacking a copy of the Complaint and all subsequent pleadings that require personal service upon the property known as 56 S Corporation Street, Newville, PA 17241 ("Premises") and by regular and certified mail to the Premises and all known addresses for the Defendant, and avers in support thereof: 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner. Service was attempted on the Defendant at property address of 56 S Corporation Street, Newville, PA 17241. A copy of the Cumberland County Docket is attached herewith and made a part hereof as Exhibit "A". 4. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner. Service was attempted on the Defendant at 2 Arms Boulevard, Apartment 2, Niles, OH 44446. A copy of the Service Return is attached herewith and made a part hereof as Exhibit 5. Plaintiff has made attempts to obtain an alternate address upon the Defendant. A postal request was sent to the Post Office. The postal return came back as "2 Arms Boulevard, Apartment 2, Niles, OH 44446." A copy of the postal return is attached hereto as Exhibit "C". 6. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "D" and made a part hereof. Said investigation provides no additional address information for the Defendant. 7. Plaintiff has attempted to ascertain the present address, of the Defendant, but has been unable to do so. 8. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. 9. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriff's sale may be served in the same manner, without further application to the court. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner, by posting and tacking a copy of the Complaint and all subsequent pleadings in mortgage foreclosure that require personal service on the mortgaged premises known as 56 S Corporation Street, Newville, PA 17241 (the "Premises") and by regular and certified mail to the Premises and 2 Arms Boulevard, Apartment 2, Niles, OH 44446. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC Robert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File # 88.26053 CitiMortgage, Inc. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Joshua H. Reep a/k/a Joshua Reep, Administrator C.T.A of the Estate of Scott No.: 14-4185 H. Reep, Deceased Mortgagor and Real Owner Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner Defendant. AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY • SS COUNTY OF BURLINGTON I, Robert W. Williams, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth below are true and correct to the best of my knowledge, information and belief. 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner. Service was attempted on the Defendant at property address of 56 S Corporation Street, Newville, PA 17241. A copy of the Cumberland County Docket is attached herewith and made a part hereof as Exhibit "A." 4. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner. Service was attempted on the Defendant at 2 Arms Boulevard, Apartment 2, Niles, OH 44446. A copy of the Service Return is attached herewith and made a part hereof as Exhibit 5. Plaintiff has made attempts to obtain an alternate address upon the Defendant. A postal request was sent to the Post Office. The postal return came back as "2 Arms Boulevard, Apartment 2, Niles, OH 44446." A copy of the postal return is attached hereto as Exhibit "C". 6. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "D" and made a part hereof. Said investigation provides no additional address information for the Defendant. 7. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 8. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. 9. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriff's sale may be served in the same manner, without further application to the court. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Milstead & Associates, LLC Robert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File # 88.26053 CitiMortgage, Inc. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Joshua H. Reep a/k/a Joshua Reep, Administrator C.T.A of the Estate of Scott No.: 14-4185 H. Reep, Deceased Mortgagor and Real Owner Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner Defendant. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE I. INTRODUCTION This matter comes before the Court upon the Motion of Plaintiff, for an order permitting special service pursuant to Pa.R.C.P. 430(a) and 3129.2 (c)(1)(i)(C) upon the Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner (the "Defendant"). II. FACTS Plaintiff filed suit against the Defendant in Mortgage Foreclosure. Plaintiff is the mortgagee. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner. Service was attempted on the Defendant at property address of 56 S Corporation Street, Newville, PA 17241. A copy of the Cumberland County Docket is attached herewith and made a part hereof as Exhibit "A." Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner. Service was attempted on the Defendant at 2 Arms Boulevard, Apartment 2, Niles, OH 44446. A copy of the Service Return is attached herewith and made a part hereof as Exhibit "B". Plaintiff has made attempts to obtain an alternate address upon the Defendant. A postal request was sent to the Post Office. The postal return came back as "2 Arms Boulevard, Apartment 2, Niles, OH 44446." A copy of the postal return is attached hereto as Exhibit "C". Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "D" and made a part hereof. Said investigation provides no additional address information for the Defendant. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriff's sale may be served in the same manner, without further application to the court. III. LEGAL ARGUMENT According to Pa.R.C.P. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made." Pa.R.C.P. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a). It is well settled that, pursuant to Pa.R.C.P. 430(a), a method of substituted service which is reasonably calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). If it is determined that service of the Complaint by special order of the court is appropriate, then service of the notice of sheriffs sale may be served in the same manner. Pa. R.C.P. 3129.2 (c)(1)(i)(C). ("[i]f a defendant has been served with original process pursuant to a special order of court under Rule 430, subdivision (c)(1)(i)(C) provides further that the notice of sale may be served in the manner provided by the order of court for service of original process. It is not necessary to return to the court for a second order of service.") (comments to Pa. R.C.P. 3129.2) The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant at the property subject to the action is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in this instant is appropriate under Pa.R.Civ.P. 430(a) and 3129.2 (c)(1)(i)(C). IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2 (c)(1)(i)(C) directing service of the Complaint and all subsequent pleadings which require personal service by certified and regular mail to the mortgaged premises for Defendant b posting the mortgaged premises. Robert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.26053 CitiMortgage, Inc. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Joshua H. Reep a/k/a Joshua Reep, Administrator C.T.A of the Estate of Scott No.: 14-4185 H. Reep, Deceased Mortgagor and Real Owner Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner Defendant. CERTIFICATE OF SERVICE I, Cindy Price, hereby certify that a copy of the foregoing Motion for Alternative Service was served on the following person by first class mail, postage prepaid, on the V day of ,2014. Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner 56 S Corporation Street Newville, PA 17241 Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner 2 Arms Boulevard, Apartment 2 Niles, OH 44446 Cindy Parale EXHIBIT "A" INFOCON Corporation Page 1 of 1 Cumberland County, Pennsylvania Prothonotary 12/5/2014 - 3:25 PM Functions ENTER DONE EXIT EMAIL BACK Prothonotary - Inquiry - Do Case No: 2014-04185 Case Type: REAL PROPERTY - MORTGAGE FOREC Caption: CITIMORTGAGE INC (vs) REEP JOSHUA H ET Al Position to Page: of 1 Sel Date 07/18/14 07/18/14 08/26/14 09/19/14 Bottom Description COMPLAINT - MORTGAGE FORECLOSURE - RESIDENTIAL - BY I WILLIAMS ATTY FOR PLFF NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSI ROBERT W WILLIAMS ATTY FOR PLFF SHERIFF'S RETURN - DATED 08/11/14 - NOTICE OF RESIDENTIA FORECLOSURE DIVERSION PROGRAM AND COMPLAINT IN MO FORECLOSURE SERVED ON DEFT JOSHUA H REEP A/K/A JOSI- OF THE ESTATE OF SCOTT H REEP AT 300 GRAHAMS WOODS 17015 DATED 08/19/14 - DEFT HAROLD L REEP DEVISEE OF THE ESTE H REEP NOT FOUND*"`***** SHFF COST - $62.56 PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECL ROBERT W WILLIAMS ATTY FOR PLFF http://www.infoconcountyaccess.com/CAS_Public Inquiries/Views/CAXPY Views/PYS... 12/5/2014 EXHIBIT "B" 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 985-0169 CitiMortgage, Inc -vs. Joshua H. Reep a/k/a Joshua Reep, et al National Association of Philadelphia Association Professional Process Servers of Professional Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 14 4185 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA:! B&R Control # CS118349 -1 COUNTY OF PHILADELPHIA: Reference Number 88.26053 SERVICE INFORMATION On 26 day of September, 2014 we received the Mortgage Foreclosure Complaint for service upon Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor at and Real Owner 2 Arms Boulevard Apt. 2 Niles, OH 44446 *** Special Instructions *** r" --i Served Date Time Ili the manner described below. Accepted By: Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other Description of Person Age Height Weight Race Sex Other Not served information: Not Served 10/9/14 at 4:55 p.m. No answer at #2. The name "Torries" on mailbox. 10/16/14 at 6:55 p.m. No answer. 10/23/14 at 7:40 p.m. No answer. 10/29/14 at 3:15 p.m. Man in leasing office said Harold Reep moved out in the last 6 mths. He said he moved out of state. The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correct to the best of their knowledge, information and belief. Process Server, David Blackford Law Firm Phone (856)482-1400 For For Plaintiff Robert W Williams , Esquire Milstead and Associates 1 East Stow Road Marlton, NJ 08053 Sworn to and subscribed before me this dam /&V � ?2/I/ is ServeBykl';1 ,D14 Fileid ` ; a> w 014 My Jennie Bergemann Resident Summit County. Notary Publi , State of Ohio Commission Expires: 03/22/2019 ORIGINAL Civil EXHIBIT "C" Michael I. Mlstead, Esq. Richard M. Afilstead, Esq. Nelson Dian, Esq. • Mary L. Harbert Bell, Esq. • Patrick I. Wesner, Esq. • Mark E. Herrera, Esq. • David H. Lipow. Esq. • Andrew M. Lubin, Esq. Robert W. Williams. Esq. Marissa Edwards, F.sq. • Matthew C. Waldt, Esq. • Lisa Ann Tomas Sr. Foreclosure Administrator •Atq admitted in PA !Aka dm!ed Im MILSTEAD & ASSOCIATES, LLC Attorneys at Law 1 E. Stow Road Marlton, New Jersey 08053 TEL (856) 4824400 FAX (856) 482-9190 www. traits teadlaw. conn Pennsylvania Location: 7 N. Columbus Boulevard #200 Philadelphia, PA 19106-1422 Phone: (215) 717-0043 Fax: (215) 717-0044 Our File No. 88.26053 Postmaster August 29, 2014 Newville, PA 17241 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Harold L. Reep Address: 56 S Corporation Street, Newville, PA 17241 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address as required for boxholder information. The Following information is provided in accordance with 39 CFR 265.6(d) (6) (ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Paralegal 2. Stance or regulation that empowers me to serve process: N/A • 3. The names of all known parties to the litigation: CitiMortgage, Inc. vs. Joshua 11. Reep a/k/a Joshua Rcep, Administrator C.T.A of the Estate of Scott II. Reep, Deceased Mortgagor and Real Owner and Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner 4. The court in which the case has been or will be heard: Cumberland 5. The docket or otber identifying number if one has been issued: 14-4185 6. The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATJON EITHER (1) TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXI3OLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 810,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). J certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Cindy P 1 E. Stow Road Marlton, NJ 08053 No change of address. order on file. Not known at address given. Moved, left no forwarding address. No such address. • FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME and STREET ADDRESS Attica, t7 H ''L/YL/ POSTMARK EXHIBIT "D" RMT SERVICES LLC "You Seek and We Find" Number: 88.26053 Plaintiff: CitiMortgage, Inc. Vs. Defendant: Harold L. Reep County: Cumberland Person to Locate: Harold L. Reep XXX-XX-XXXX Date: November 19, 2014 AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS 1) 56 South Corporation Street, Newville, PA 17241 2) 2 Arms Boulevard Apt 2, Niles, OH 44446 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland County. INQUIRY OF I HE CREDIT BUREAU Inquiry with credit bureau, confirms the most current mailing address for Harold Reep as address #2 listed above. Please see document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The local phone directory has (717) 776-6701 listed to Harold L. Reep at address #1 listed above. The telephone company operator has address #2 above listed to Anthony Gabrelcik, but a phone number is unavailable. (717) 776-9777 is a phone number used from the credit bureau listings. VERBAL TELEPHONE INQUIRIES/CONTACTS: (717) 776-6701: 11-19-14 at 12:29 p.m. disconnected (717) 776-9777: 11-19-14 at 12:30 continued to ring Neighbors closest to 2 Arms Boulevard Apt 2 2 Arms Boulevard Apt 6: 11-19-14 at 12:33 p.m. female had no idea 2 Arms Boulevard Apt 8: 11-19-14 at 12:34 p.m. female had no idea I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CO' ' CT TO BEST OF MY y r . I UNDERSTAND FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNS AFF SSN:&'DOB- Name & Address • 200-XX-XXXX` 10/16/1929 HAROLD REEP 2 ARMS BV #2 NILES, OH 44446 :T.elephone' . ,DateReporte 10/01/2014 HAROLD REEP 300 GRAHAMS WOODS RD 06/18/2014 CARLISLE, PA 17015 200-XX-XXXX 10/16/1929 HAROLD L REEP 56 CORPORATION ST NEWVILLE, PA 17241 (717) 776-9777 01/06/2010 HAROLD REEP 56 CORPORATION ST 200-XX-XXXX:. NEWVILLE, PA 17241 05/15/2007 HAROLD REEP 56 S CORPORATION ST 200-XX-XXXX NEWVILLE, PA 17241 04/28/2006 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 File # 88.26053 CitiMortgage, Inc. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Joshua H. Reep a/k/a Joshua Reep, C Administrator C.T.A of the Estate of Scott No.: 14-4185 r + H. Reep, Deceased Mortgagor and Real ~k ' .-_,=„ '�,'s Owner c_..; Harold L. Reep, Devisee of the Estate of r-- ;7: ic, Scott H. Reep, Deceased Mortgagor and > r3 `-- Real Owner 5r-' = , r3 , f _. *1 Defendant. =f r n ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 and R.C.P. 3129.2 (c)(1)(i)(C). AND NOW, upon consideration of Plaintiff's Motion for an Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430 and R.C.P. 3129.2 (c)(1)(i)(C) and any response thereto: IT IS on this �.' day of 144.e, , 2014, hereby ORDERED that the Motion for Alternative Service is GRANTED. IT IS FURTHER ORDERED that service of the Complaint in mortgage foreclosure, and all legal papers that require personal service pursuant to R.C.P. 3129.2 (c)(1)(i)(C), shall be served on Defendant, Harold L. Reep, Devisee of the Estate of Scott H. Reep, Deceased Mortgagor and Real Owner, by 1) posting the mortgaged premises known as 56 S Corporation Street, Newville, PA 17241 (the "Premises") and 2) by regular and certified mail to the mortgaged premises and 2 Arms Boulevard, Apartment 2, Niles, OH 44446. Copy (rULc_c(, Al -LR. lliens 1/4fts =.63 y