HomeMy WebLinkAbout14-4546 Supreme Court fr-Pennsylvania
COuri- f�C`t22t�2' o,leas For Prothonotary Use Only: T
Civ, I"`CoVer,.Sheet �l
-, .- Docket No: / szj
CU f BERLAND y ;I County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
[S Complaint ❑ Writ of Summons ® Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
Lead Plaintiff's Name: Lead Defendant's Name:
C CITIZENS BANK OF PENNSYLVANIA JAMES D. STINE
T Dollar Amount Requested: ❑within arbitration limits
,
Are money damages requested? ❑Yes ® No (check one) ❑outside arbitration limits
Q
N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJAppeal? ® Yes 0 No
t
A. Name of Plaintiff/Appellant's Attorney: GREGORY JAVARDIAN
® Check here if you have no attorney (are a Self-Represented (Pro Se) Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
I 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
f ❑ Malicious Prosecution ❑Debt Collection:Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑Debt Collection:Other ❑ Board of Elections
s ❑ Nuisance ❑ Dept.of Transportation
❑ Premises Liability ❑ Statutory Appeal:Other
S ❑ Product Liability(does not include
} V mass tort) ® Employment Dispute:
® Slander/Libel/Defamation Discrimination
C ® Other: ❑ Employment Dispute:Other ❑ Zoning Board
' T ® Other:
❑ Other:
10 MASS TORT
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
❑ Other: ® Ejectment ❑ Common Law/Statutory Arbitration
❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
®Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑Non-Domestic Relations
❑ Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto
❑ Dental ❑ Partition ❑Replevin
3 ® Legal ® Quiet Title ❑Other:
❑ Medical ® Other:
13 Other Professional:
r
Updated 1/1/2011
b
LAW OFFICES OF GREGORY JAVARDIAN 1
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669i't rj�� j
MARY F. KENNEDY, ESQUIRE Id.No. 77149 t A►rt 9: 48
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 CU?'-IBE?LA,R?D COUNTY
SEAN P. MAYS, ESQUIRE Id No. 307518 PEN14S YLVAN1A
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215)942-9690 ATTORNEY FOR PLAINTIFF
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059 CIVIL DIVISION
PLAINTIFF
CUMBERLAND COUNTY 0
VS. l
JAMES D. STINE NO. J
�St'I QUI
385 STROHM ROAD
SHIPPENSBURG, PA 17257 COMPLAINT IN
DEFENDANT MORTGAGE FORECLOSURE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defense or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle,PA 17013
717-249-3166 CI
800-990-9108
C1� �
{00105724}
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq.
(1977), DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF. IF DEFENDANT(S)DO SO IN WRITING WITHIN THIRTY(30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR,IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY(20)DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE,NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30)DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30)DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
{00105724}
LAW OFFICES OF GREGORY JAVARDIAN
GREGORY JAVARDIAN, ESQUIRE Id.No. 55669
MARY F. KENNEDY, ESQUIRE Id.No. 77149
MEGHAN K. BOYLE, ESQUIRE Id.No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215)942-9690 ATTORNEY FOR PLAINTIFF
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059 CIVIL DIVISION
PLAINTIFF
CUMBERLAND COUNTY
VS.
JAMES D. STINE NO.
385 STROHM ROAD
SHIPPENSBURG, PA 17257 COMPLAINT IN
DEFENDANT MORTGAGE FORECLOSURE
CIVIL ACTION MORTGAGE FORECLOSURE
1. Citizens Bank of Pennsylvania(hereinafter referred to as"Plaintiff') is an
Institution conducting business under the Laws of the Commonwealth of
Pennsylvania with a principal place of business at the address indicated in the
caption hereof.
2. James D. Stine(hereinafter referred to as"Defendants") is an adult individual
residing at the address indicated in the caption hereof.
3. Plaintiff brings this action to foreclose on the mortgage between Defendants and
itself as Mortgagee. The Mortgage, dated December 2,2005, was recorded on
December 19, 2005 in the Office of the Recorder of Deeds in Cumberland
County in Mortgage Book 1934, Page 3845. A copy of the Mortgage and
Assignment of Mortgage is attached and made a part hereof as Exhibit `A'.
4. The Mortgage secures the indebtedness of a Note executed by Defendant on
December 2, 2005 in the original principal amount of$116,100.00 payable to
Plaintiff in monthly installments with an interest rate of 6.300%. A copy of the
Note is attached and made a part hereof as Exhibit `B'.
5. The land subject to the mortgage is 385 Strohm Road, Shippensburg, PA 17257.
A copy of the Legal Description is attached as part of Exhibit `C' and
incorporated herein.
{00105724)
Q
6. The Defendant is the Record Owner of the mortgaged property located at
385 Strohm Road, Shippensburg,PA 17257.
7. The Mortgage is now in default due to the failure of Defendant to make payments
as they become due and owing. As a result of the default,the following amounts
are due:
Principal Balance $107,921.65
Interest to 7/22/2014 $11,082.50
Accumulated Late Charges $1,072.36
Taxes $6,171.43
Property Inspections $111.50
Appraisal $680.00
Cost of Suit and Title Search $550.00
Attorney's Fees $1,650.00
TOTAL $129,239.44
plus interest from 7/23/2014 at$18.63 per day, costs of suit and attorney's fees.
8. The attorney's fees set forth above are in conformity with the Mortgage
documents and Pennsylvania Law,and will be collected in the event of a third
party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale,
reasonable attorney's fees will be charged.
9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a
defaulting mortgagor with a Notice of Intention to Foreclose("Act 6 Notice")41
P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance
("Act 91 Notice")35 P.S. Section 1680.403c.
100105724)
10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency
Mortgage Assistance were required and Plaintiff sent the uniform notice as
promulgated by the Pennsylvania Housing Finance Agency to the Defendant by
regular and certified mail on May 21, 2014. A copy of the Notice is attached and
made a part hereof as Exhibit `D'.
WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale
of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of
$129,239.44 together with the interest from 7/23/2014 at$18.63 per day, costs of suit and
attorney fees.
LAW OF jREGORY JAVARDIAN
BY:
❑ regory Javardian squire Id. No. 55669
❑ ary F. Ken y, Esquire Id. No. 77149
❑ K. Boyle, Esquire Id. No. 201661
Sean P. Mays, Esquire Id.No. 307518
Attorneys for Plaintiff
{00105724}
EXHIBIT `A'
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Celiateral Address:
385 STROHM ROAD.SHIPPPN813URG,PA 17257
PENN$YLv f3 MA
CLOSED-END MORTGAGE
THIS MORTGAGE is given on 1.1/02/1005
.... ......, The rnortgaggr-la. .. ......... . ...... ......... .............. _..
JAMES D 9TVNM
Pago 1
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BX ! 934PG384S
10512008 2:08.aS PM CUM$ERLRND COUNTY
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This Mortgage is given to CitlronsBsdk.ofl'c=aytyania ,whose address is
1735 Markey Street,klta mki ilia PA 19103 ("Lender')er its succ$asors or
assignees,
In this Mortgage.the terms"yon,""ym a and"you:s''refar to the mongagor(s). no teu,r,g a yg n"U3'1
cad"our"refer to the Lender, You owe us the principal aura of $ t 16,102.00 �
Dollue. This debt is ovideuaed by your nota("Note)dated the same date as this Mortgage,v.hieb
providc3 for monthly paymmetus,with the fail debt,If notpaid cattier,due and payablit on 1210712o2s
This Mortgage eoauroe to us; (a)the repay mcnt of tho debt ovidcnood by the Nota, vjth interest,anti ail
eencwsls,extensions and modifications of the Note,(b)the payrocat of all other sume,with in rex
advanoed under this Mortgage to protect the security of thio Mortgage;and(c)the performancd of your
covenants WAd agreements under this Mortgage and the Note. For thit purpose,you hereby moilgage,
19mAt,=4 oonvay to us Hard out stwoeesors and assigns the property located in CUAERLA*p
County,Pc=ytvania,and mote 7fltlly described in Ex ihit A. which is attached bacto and made a part
ht teo&which property has the address of
- 385 STROHM ROAD,SMPENSBURG,PA 17257 ('property Addrer.8")p
TOCSTMR WITH ell the ittlprovcrneut5 now or hereafter erected on dbe propertjr,and All
easements.appnftenances,and fixtures tures now or hereafter a part of the property. Ail reptact-wenta and
Additions shag also be covered by this Mortgage. AD of the firegoing i6 tcfornEd to in this mot gage as
the"Property".
Faso 2
BX i 934PG3846
rosi2opQ 20o:aG PM CUMBEt2Lhtdt7 COUNN .. . .
Inst.#200547387-Page 2 of 79
x F
Y40t7 COvENAliT dhat you are lawfully scited of the es®ta hereby conveyed and Have tive right to
mortgs$c,grant and convey rite Properly and that the property is unencumbered,exp t foe wiauarbranpeo of
record. You w arrant and will defend generally the title to the Property against all ctlnims and demands,
eubicat to any cncumbramce$of record.
YOU AND VI's covenant and epee AR fAliows:
1. Payment of Principal,Interest axtd Other Charges, You sbail pay wheh due the
principal of end interest owing under dee NOTO and all other charges duc under the Note.
1. F'syri[tents of Tares Rod Insurance. You will pay,when due,all taxes,aisessmeots,
leasehold payments or ground rents(if any),and haratd WLorne on the Property and mortgage insurance(if
ally). We specifically reserve to Ou'Ut tS and Our SUc=BOrS and assigns the Enteral
right tb require that
right
,YOU pay to as on the day monthly payments are due as amount eq%Al to onc•twclfth(l I of the yearly
taxes,and aneasmenta(including eondomimium and planned unit development assessments,if gny) Mch
may attain priority over this Mortgage and ground rents or)the Proporty,if any,plus one-twelfib(1112)of
yaarly premium instailmonts for bmrd and mortgage insurance,all as we reasonably estirhatc jinitiai]y
fiom. and
tnne_tn_time,..as-allowadbymd-in-aoordancawitb-applicabtetaw�: _...._.._......___._........._....----..........................._............ ..... ._ __....
3.
Application
of payments. U0jeas apPlicable law prm idcs otherwise,all}faymentx r0ecived
by us under Me Note 844 500VOn 1 will be applied by us as Permitted under the Note_
4. Prior Mortgages#Chanter;Liens. You shat'perform,all of your obligatkna undor any
mortgage,deed of tractor ether security instrummts with a Ilett which has priority over this Mortgage,
Including your covenants to make payments when due, You shall pay nit taxes,assesstrtents,charges,fines
AAd itnpositiona attributable to tho property which stay attain priority over this Mortgage,and feaschold
pay;nonts or ground rents,if any, Utpon trot request yon shall pmmptly fundal,to us ail notic of amounts
to be paid under No paragraph and receipts evidencing any such payments you snake directly,'tau shall
promptly digeharge any lien(other than a lien disclosed to us in your applicationor in any title Vcpott we
obtained)which has priority over thio Mortgage.
"�. Hazard Insurance, You shall keep the property insmvd against loss by ftte,.hazards
tr OWC4 within the term"extended coverage"and any other hazards,including floods or fiooding,fox which
we require insurance. This insurance shall be maintained in the amounts and for the periods tltdr we require.
1 You Ina chooses 8 g
Y ny insurer reasonabty acceptzbte to uc and shall include a standard mors a of clause. it
we require,you strallpromptly give Its all receipts of paidpremiutns and renewalna6ces.
If you fail to maintain coverage m rtsquired fist d"s section,you authorize us to obtain such coverage as we in
our sole discretion detem&6 apprcnttiate to protect our.,cruet in the Property in accordance Wo the
provisions in SCOS011 7. You understand and agree that arty covengo we purchase mey cava ditty our
Intertat in the Property and may not coves your lntt:ro6t in tate propttty or any personal
ken ciao undc=tmd and agree that the proinlum fpr any such ibsusau0e may 6,134h.,than the� "
you would pay for such insurance.
Page 3
BK E 934PM47
nsi200a z:oo;a�pnn CUMBERLAND COUNTY
Inat.420054736T•Page 2 of t i
you shall promptly notify the lnaurur and us of any loss. We may make proof of loss if you do not
promptly do so. We may also,at our option and on your bohaX adjust and contprornise any&hires
zmdcr the ix=rarnce,give releases or ROUIttances to the'insurance company in eorutecdon twil.h the
settlement of any claim and collect and receive imuranoe pnomads. You appoint us as your
attortley-in•fact to do all of the foregoing,which appoinintcot you underatmd and agree ie int•vocctble,
coupled with an into"with fullpower of substitution and shall not be affected by your subsX. Vent
&abillry or incompetence.
Insurance proceeds aball be applied to restore or mimir the Pmoerty darataged,if settomtiou 6t`repair is
economically feasible and our.semuiry would not be lessened. Otherwise insumnee proceeds shall be
applied to Stotts sc=od by this Mortgage,wnofher or not theft due,with any excess paid to y6u.•If you
abandon the Property,or do not answer within 30 days our notice to your thattbe Insurer has olffered to
settle a claim,thea we may collect And use the proceeds to repair or restore the Praporty or to pay aunts
sectmcd by this Mortgage,whotlter at trot 11=due. The 30-day period will begin when notic9 is given.
Any application ofpmeeds to principal shalt not require us to extend or postpone the due daub of
monthly payments, if we ooguirc the t'top uty at a fbmed Sale Hallowing your default,your Ciba to any
insurance proceeds resulting from damage to the property prior to tho aequicition shall pass toim to rhe
extent of the sums secured by this Mortgage immediately prior to the acquisidon.
_..................... ...._._......._.. _ ..._.__........ - -... -... _.._...._.............._..........._._...._...._..._..__....__..._............_..............-........-.............................__...................._..._...._..._.._............_....................
__._....
you obalt not perndt any condition to exist on 4io Property which would,in any way,invalidala the
insurance coverage on the Propeny.
6. Preservation,Maintenance 2nd Protection of the Property; Lemeholdk. You shag
cot destroy,damagc_or subatandally change the Property,allow the Property to deteriorate,at oon=dt
waste, if this Mortgage is on a leasehold,you 44 comply with tlu lcaac. If you acgidre foo tGtlo to the
Property,the leasehold eAd fee title shall not merge unless we agree to the rnerget in wrizing.
7, 1Prottection of our Rlgbts in the Properrtyl Mortgage Iasarance, It;youi fail to
aetform the covettahtA and ttgre menu contvined in this Mo Rage,or thore Is a legal proceeding that may
significantly affect our rights in the Property(such as a proceeding in budwuptcy,probate,for:
condemnation or forfeiture or to enforce laws or regulatioaa),than we may do,and psy for,anything
n&easaty to protect tho Property's value and our rights in the IPropony. Our actions tray inctube paying
wV awns secured by a lion which bee priarity over thio Mottgage or any advance under tho Nobe or this
Mortgage,.appearing in Court,paying reasonable anomey's fees,paying any aur6A which you circ required
to pay under this Mortgage and entering on tho Property to make repairs. We do not have to take any
action we are prxr Wtred to take under this paragtapb, Any amounts we pay under thi>r paragrashall
become additioruzl dabw pot►owv us and ahall bo arcumd by dds Mortgage. Tbcse smotmts sb01 boar
interest from the disbursement date at the rate established under the Nutt:and shod bo payablo,MI th
interest,upon our request. If we required mortgage insurance as a condition of making thl load secured
by dhis Mortgage,you shall pay tare premiwW for such immmee until such time as tate requfilAhent for
the insurance terminates.
Page 4
934PG384-8
'058008 7.;08.-q5 PM OUMOERtANO COUNTY Inst.#200547387-Page 4 of 11
S 1
d. Inspection. We nay make entries in and upon the Property to inspect s9mo at any
rea canb)e time and upon reasonable notice,
9. Candemnatfon. T'he.proeeods of any award for damages,aircet or tonstiquential,in
connection with any condemnation or other taking of any partof lire property,or for conveye6ce in lieu of
censer elation,Rye hereby aosigzted send shall be polis tp us. If the Property is abanduaFd,Pr I�,aticr afltjce
by us to you that the condemnor offeta to make an award or settle a claim for damages,you frail to respond
to us within 30 days after the date the,notice is gives,we are authorized to collect and apply tie proceeds,at
our option,either to restoration or ropair of the property or to the sum Secured by this MOrtsAge,whctber dr
rat then due. Unteer we and you otltezwize agree in writing,any agptieatiou ofpzveeeds to principal Shall
not extend or postpone the 4o date of the mombly payments Dayable under the Note and par4gr1tph 1 or
change tho amount of sueb payments.
10. Moot Are Not Released;Nrbeotsace by Us Not a Waiver. Extension of ttmo Cor
payment or modification of amortization of the sums secured by thio Mortgage granted by ua io any of your
sttectssors in interest shall not operate to release your liability or the liability of your successoh in inteaesx,
wo shall not be required to commence prooeodings against any successor in Interest,refuse tolcmcud time
_far,paymestt oe otherwise modify atn+�raratiott a the sumb_secur d by Mgmgage
demand made by You or your suoaessors in interest. Dor forbearance in axarcising any right dr remedy ohal)
not waive or preclude the exercise of any right or remedy.
11. Successors and Assigns 09und, Joint and Several Liability;Go-etgticrd. The covenants
and a):temnents of this Mourteage shall bind and beaefit'yovr succossoro and permitted assigns, Your
covenants and agreements shall be joint and several. Anyone who co-signs this Mortgage butldoes not
execute the Notc:(a)is co-signing this Mortgage only to mortgage,grant and convoy such pezWn,9 interest
in tbo proparry;(b)Is not peruonally obligated to pay the Note,but is obligated to pay all othel sums sem=d
by this Mottgagv:and(e)agrees that wa alts stayoae else who Gigue this Mortgage may agree io extend'
modify,forbear or mnke any acoontmodotions regarding the tetras of this MoxUage or the Nc*without such
person's consent.
12. Loan Charges. If the loan secured by this Mortgage is subjcat to a taw vlblch sets
maximum loan charges,and that law is finally Werpremd so that tbo interest or other loam cbEJ&v coneeeed
or to be collected in connection with the loan exceed the permitted limits,then:(a)any ouch loran chargo
shall be reduced by the amount ncCWUy to reduce tiro.charge to the permitted limit;and(b)a}y sums
already collected from you which exeecd permitoa limits will be mfvndcd to you. We may etioose to make
this refund by reducing the principal owed under the Note or by making a direct payment to ydu. if a
refuad reduces principal,the reduction wiU be treated as a partial prepayment without any preliayment charge
under the NOW.
13. Natleets. Unless otherwise required by law,my notice to you provided for in this ldortgoge
shalt be delivered of mailed by fast class mall to the Properry Address or any other address yet desixoate by
aatica to vs. Unica otherwise required by law,any notice to us shall be givers by first class ttrrlii to our
address stated above or arty other adATgp"we daoignaty by nvticc to you,
Pago,9
SK1934PG38-49
05/200a z;0e a5 Pnn CUMBERLAND WUNTY Inst 0200647387-pnge 6 of 9 1
,
14. Governing Law., Severability. Tho outwuion of crbdit oeourod by thin kortpga iy
govercled by federal law,which for the purposes of 12 USC Section 85 incorporates PeoAsyl-ftnia law_
However,the intapromdon and enforcement of thea Mortgage shall be govcmed by the law of the
jurindlotion in which tho Property is located,exceln as preempted by federal law. Xa the evont that any
provision w clause of this Mortgage or the Nota eonAxots with applicable lam,such conflict w6ll not
affect otbar provisions of this Mortgage or the Note which can be.piven effect without the cgflktb38
provision. To this end the provisions of this Mortgage and the Note are declared tc best veCable,
15. Traianfer of the Property, If all or.aAy.part of the Pmporty or any intcat±at in it is sold
or transferred without our prior written cement,we may.at our option,require immediate pajulent in full
of all sutras secured by this Mortgage, However,tris option shall not be exercised by as if cximise is
proluWsr,d by fhduaj law as of ibc date ofthis Mortgage,
36. Sade of Agreement Change of Loan Servit er. The Note or it partial interest in the
Note(together with this:Mortgage)may be sold ane or snore times without prior notice to yoti A sale
may resulx is a cttangc In the entity(Known as the"Loan Servicer'')that collects trhonthly payrttcnts due
under tho Now and thio Mortgage. There also may be one or rngre cbanges 9f 111e Loan.Strvit:cr
_ ..........._..._ _. unrelated to the safe of the Nam If three is 8 chane of the Loan Services,you will be givem"tteh.._
notice of the change.sg__......_ _......... -•--..�........-liw.-
retlurred by applu:ablc law,
new Loan Servicer and the dddross to which payaaents ahobld be made. The notice will also clontaia any
"reformation rcqu"d by ttppHoulvto law.
37. Ffmrdous Substances. You shall not cause or permit the presenca,use,;disposaL
storages,or release of any Hazardous Substmoes on or in.the Property, You shall not do,not allow
anyone else to do,anything affecting the Property that is it vlolation of any$nvimrtmental 14w. 'x'!to
preceding two sentences shall mat apply to the presence,use,or otorage on rho Property of 1:1a1�ajdoua
Subsea =In quantities that are gramlly recognized to be appropriate to aarmal residential ubea and to
maintenance of the Property. Irou ehail promptly give in wdttt nmotice of any investigation,(hien,
damand,lawsuit or other action by any governmental or regulatory agency or private party Wolving the
property and any Ha=doua Suhatance or Environmental Law of whi06 you havo ettual knowkodge_ if
you learn or are notified by any government orrcgulatory authority,that any removal or other
remediation of any Hazardous Substance affecting the propttty is nroessaty,you shall promptly take all
ncccsaary ccmadial actions in accordance with Environmental Law. As used in this Mortgage,.
"Hazardous SubamweR"urn tboso oubattwoes defined as toxic or harmcdous substances by E4vlronrnental
Law and the Mowing eubstanoes;gasoline,kerosene.ather flammable or tonic petroleum pro4acts,toxio
pe9ticides and h6rbicides,volatile solvents,materials containing aabestos or foamatdthyde,and radioactive
rnatcuata. As used in this Mostgnge,"Environmental Law"means federal laws and Iaws of they
jurisdiction where the 1?roparty is 19oatod that relate to bcalth,aafuly or cnvlw=mtel proton i ft
Page 6
9H ! 934PG3850
10512000 2-MAS one CVMBERIAND COUNTY Inst#200547387-Paoa 6 of t t
i
3
I
18, Acceleratiova;Remedies„ We shall give row netioo prior to acceleration rollowleg
your breach of any covenant or agreement in this Mortltage(but not prior to accelerations under
Station 15 unless applicable law provides otherwise). The notice shall specify., (a)the difaulq
(b)the action required to cure the default;(e)When the default must be euredi and(d)tl6at rallure
to Cure the default as sptcWed tuay remit to acceleration or the anaw setured by this NOrtgage,
foreclosure by jodidal proceeding and sale or the property. The notice shall further inform you of
the night to reinstate after aeceleration And the right to assert in the foreclosure proceeding the
note-exiBttmce of a detaUh or any oMer defense you may hsve to Acceleration and foreclokure, if the
default Is not cured as opeaitlbd,we may,at our option,require limn edlate payrneot In fd11 of all
"urns secured by this 1Mortp&witheul further demand and may forwana tbb Mortgt sty
ludicfal proceeding. We shall be entitled to collect all expenses Incurred In pursuing the tetttedies
provided In this Section 18,Including,but not limited to,remsomable attorneys,fees as permitted by
applicable law and costa of tate evidence to the extent permitted by applicable taw.
19. Discontinuance of Entorcement. Notwithstanding our acceleration of th4 Bums secured
by this Mortgage under fbc provisions of Swtinn 18,wo ruay,in=sole discretion and upon tach
conditions as we in out nolo discrrAon drwmdnd,diao0nrinue any proceedings begun to onfort±c the t=5
_.._.of.this_MortRolte..........
20. Release, tfpon paytneat of all marc secured by this Mortga@e, we shall dlseharge and
eatiefy this mortgage without chnrgc to you_ You eball pay any recordation costs.
21. Additional ChArges. You agree to pay reasonable charges u allowed by flaw in
eoiiacedon with the servicing of this loan including,without limitation,the costs of obtaining tax searches
acid subordinatiow. Provided,however,that noticing contained in this section 4 intended to or�ate and
shall not be construed to c=to any duty or obligation by us tp pmTmm any auoh act,or tp wwdute or
consent to arty such tmnFaetimi ar matter,except a reIoase of the Mortgage upon full rcpayrnc it of 411
sums secured thereby.
22. WaiverA. You,to the extort permitted by applicable law,walvo and release any error
or defect in ptoeceding to cafore0 this MortgoM and hereby we4vc the benent or my praaent dr luta e
laws pt�aviding for stay of execution,extension of time,exemption from attacbn0n4 levy and 961e,and
homestcad exemption, No waiver by us at any time of any term,provision or covenant contained in this
Mortgage or in the Nato secured herby cltall Ise deemed to bo or conattued as a waiver of any other
term,provision or covenant or of rhe same terra,provision of eover,ant at any other time.
29. Relnstotement period. Yaw time to reinstate provided in Section 18 shah onicud.to
one hour prior to the cotttmcocentent of bidding at a aheritrs sato or otter sale pursuant to this Mortgage.
24, Purchase Money MortMe, 1f any of the debt secured by this Mortgage is lent to you
to acquire idtle to the I"ropatly,this Mort&agc shall be a purchase honey mortga$e,
Page 7
BK i 934PG38S I
os�zooa 2oB:45 PM CUMBERLAND COUNTY Inst.*200547387•Pege 7 of 19
77
15. Intcmt Rata Aftcr dudgttMCDC You DWO that the ibbQX"t tato payable aftex a
judgment:s entered on the Note Orin Da action of mm%w foreclosttre shall be the rate payable from
time to time under fhe Note.
BY SIGNING BELOW,you aazpt and agcoo to the tcrme and cuy=mta oontaint'd in No Mortgage
and executed by you-
Signed,scalcd and delivered io the presence of-
IA 1?STM
Page 8 '
B t 934P6385Z
vQ6B008 F:OB:d'S rm CUMBERLAND COUNTY
InBt,#200547907.Page 0 of 11
CEYt'xTJF7'iCA I'E OF RESIDENCE Olt fld6RTOA GEE
I do beroby certify that tho precise address and priu*al place of business of the ivithin named
M0rr09ft-is: 1735 Market Strec4_Plu7adeWa,kA 19103
Citizens Sank of Pennsylvania
By: G�+W'I/l.•
all
Title;
i
i
i
1
page 9
4 934PC3353
X0612000 2;00:445 PM CUMBERLAND COUNTY Inst.r-200547387.Page 9 of I
INDIVIDUAL ACKNOWL GMENT
STATE OR COMMONWEALTH OF
COUNTY of _
On the day of
before me appeared
JAMES 0 STIMr-
to me personallyknown to be the person(s) whose name(s� is/are
-
su seri e--to-t is-instrument,.-and.-such--person(s)--acknowledged-that .._._.................-....-
he/she/they (i) executed the same for the purposes therein=contained,
and (ii) executed this instrument as their free act and deed,
IN WITNESS WHEREOF, I hereunto • y hand and o al seal,
rotary P
Nsiturial Seal
NoWM S
�� .�' AnFdeM.6emiord.Notary
Attention Registry of Deeds/Town or City Clerk:
Mail to: Citizens Bank
Consumer Finance operations - RJW215
1 Citizens give ACKPA 4/05
Riverside, RI 02915
R '1 '934PG3854
+0512008 2!,08;4$PM CUMBERLAND COUNTY
In91.7f 2005473B7.P�9e 10 of 11
s
Domd #1 EPotea Fort 20-42380730
P
Legal Daaeriptions: All that certain property situated in the TOWNSHIPI OP SOHTPEd1L++EPM in
the county/ of CONIDSRLA=, and the Common-ealth of I?MSYLVANIA, being *scribed as
follows: PARCEL 39140185017 sena being more RvXly dcoorlbod in a deed dwLed 10J04/199®.
and recorded 11/01/1988, among tha Iftnd records of the county and stato set forth above,
in Deed Book 100, Page 343
TAX IDA 39140165017
I Certify this to be rworded
in Cumberland County PA
Recorder of Deeds
coulrrY 1t✓EnQRiaER aF OFJ�.Ibt
Z4-L1Z40t4Z1-R{P) OUNiBOMANUC�Wry RECORDER
12174/2005 09;37 VQVMT coURTHOUSE
9 COU THOUM 861
CAAU S -PA,1*3
Page 1 P9 1
8K- 1 934P63655
r x .............
, .. �.�-�r+•r���r.�....-...-.....�..�.A.�..4 ,
/05/2008 2:08:46 PM CUMBERLAND COUNTY
InSt.#200547367-Page 11 0f 11
EXHIBIT `B '
{00046153;
V,
Citizens Balk
t
noteI �
i MORTGAGE LOAN PROMISSORY NO'M'E AND DISCLOSURE STATEMENT
Borrower(s): .r;u—_S D STIME
Lender: ❑ Citizens Bank of h4assaehuseus ❑ Citizens Bank of Connecticut ® Citizens Bank of Pennsylvania
28 State Street 63 Eugene O'Neill Drive 1735 Marker Street
Boston,MA 02109 New London,CT 06320 Philadelphia,PA)9103
❑ Citizens Bank of Rhode island ❑ Citizens Bank New Hampshire ❑ Citizens Bank
i Citizens Plaza 875 Elm Street 919 North Market Snect.
Providence,RI 02903 Manchester,NH 03101 Suite 200
Wilmington,DE 19801
Principal Amount:$116,100.00 Interest Rate: 6.300 % Date of Note: 12/02/2005
In this Nutt:,the words,"Borrower","you,"and"your"mean each and every person wha signs this Agreement,including
all Borrowers named above. The'words"we,"us","our"and"Lender"mean Citizens Bank of Massachusetts,Citizens
Bank of Rhode Island,Citizens Bank of Connecticut,Citizens Bank New Hampshire,Citizens Bank of Pennsy(vania,or
Citizens Bank(our Delaware Bank),as indicated above,herein after referred to as"Citizens Bank".
FOR VALUE RECEIVED,the undersigned(jointly and severally if more than one)promise to pay to the above named Lender or
order,the principal sum of S $116,1o0.oo Dollars with interest at the rale of 6.300 %per annum,payable in 25 0
consecutive monthly installments of S_852.14 each,and a final instalbnent to include all principal and accrued interest,
and late charges,insurance premiums and all other charges,if any. The first such installment will be due on 01/07/2006 and
the remaining installments on the same day of each month thereafter until paid in full. All payments will be applied fust to
interest;then to insurance charges,if any,and then to principal,and any remaining amount to unpaid collection costs and late
charges and any-othercharges you-may-owe; _.................._..._..............--...........
after any default described in the defauh section.
Finance Charge:Interest on this Note is computed on a 355/366 simple interest basis. First we apply the ratio of the anmual
interest rate over the number of days in a year(366 during leap years),multiplied by the outstanding principal balance,multiplied
by the actual number of days the principal balance is outstanding.
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments
The cost of your credit as a yearly rate 'the dollar amount the credit will cost The armunt of credit provided the amount you will have
you to you or on your behalfpaid when you have m.&all pays is as scheduled
6.300 % $88,413.60 5116,100.00 3204,513.60
le
AYMENT SCHEDULE:
NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE
Monthly beginning on
240 $ 852.14 Monthly beginning on 01/07/2006_
payment schedule and"Total of Payments"scheduled above assume tlta:all payments are made on the due date. Upayments
re made late,the amount of interest payable hereunder will continue to accrue on the unpaid principal balance and the total
merest hereunder will increase.
PREPAYMENT: If you pay off the entire balance of your loan before the due date,you may be charged a penalty as follows:
MA(first lien):If you pay off your loan within the first twelve(12)months of the date of the note,we may charge you,an
you agree to pay us,a penalty equal to(a)the balance of the fust year's interest,(b)three(3)months`interest as of the date of
prepayment,or(c)$250,whichever is less. If you refinance your loan with another institution within the first twenty-four(24)
months of the date of the note,we may charge you,and you agree to pay us,a penalty of the laser of a)three(3)months'
interest as of the date of prepayment or(b)S250.*
CT(first lien),DE,MA(second lien),ME,NET,VT:If you pay off your loan within two(2)years after the date of the
note,we may charge your,and you agree to pay us,a penalty of 5250.*
CT(second lien):If you pay off your loan within two(2)years after the date of the note,we may charge you,and you
agree to pay us,a penalty of the lesser of five percent(5%)of the principal balance that you prepay or$250.*
RI:if you pay off your loan within the first year of the date of the loan,we may charge you,and you agree to pay us,a
penalty lesser of a)2%of the balance due at the date of payoff or b)$250.
NJ,PA:If you pay off your loan before the due date,you will not have to pay a penalty.
*Assessment will be limited to the first 12 months of the loan if the term is five(5)years or las.
LATE CHARGE: Your late fee will be calculated as follows,based on the state or commonwealth as indicated above:
MA: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date shown
above. If your payment is late,we may charge you 3.000%of the regularly scheduled payment of principal and intriesL
CT and RI:Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown
above. If your payment is late,we may charge you 5.0001/6 of the regularly scheduled payment of principal and interest,or
$10.00,whichever is less.
NH. Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown
above. ifyour payment is late we may charge you 7.000%of the regularly scheduled payment of principal and interest or
$12.50,whichever is greater.
PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date
shown above. If your payment is late,we may charge you 10.000%of the payment or$20.00,whichever is greater.
You will pay this late charge only once on any late payment.
PromnblcrPP REV 04/05
+' Page 2 a
SECURITY: You are giving a security interest in real estate located at
-,5 STROBM ROAD, SHjPPENSBDRG, Pk 17257
n addition to Lender's security interest and other rights in your deposit accounts.
45SUMPTION: Someone buying your home cannot assume the remainder of the mortgage on its original tern's.
ee other related contract documents for additional information aboutnonpa}mtenr,default,the right to accelerate the maturity of
Llic obligation and security interests.
ITEMIZATION OF THE AMOUNT FINANCED:
Itemization of the amount financed of............................................................ $115,100.00
Amount given to you directly..................•....................................................... $
I
Prepaid Finance Charges.._..............................................................................$
Amount(s)paid to others on your behalf. _
U
TO CITIFINANCIAL $ y ��
TO FIRST COMN.ONtPBALTB BAN $
TO $ Z°(4 10 Z
TO $
TO _ $
TO $
TO $
TO $
TO $
TO $
TO' $
TO $
TO $
TO $
TO $
TO $
TO INSURANCE COMPANY $ 0-00
TO Settlement Fees $ 0.00
COLLATERAL:In addition to the protections given to the Lender under this Note,this Note is secured by a
Mortgage dated 12/02/2005,to Lender on real property located in camEBRLAIM County,
State of PA all the terms and conditions of Nvhich are hereby incorporated and made
a part of this Note.
DEFAULT:You twill be in default if any of the following events happens:
(a) You fail to make a payment when it is due under this Note or any other loan you may have with Citizens
Bank.
(b) You have made any false or misleading statement(s)in your application for this Note or any other loan you
may have with Citizens Bank,or there is a material adverse change in your financial condition.
(c) An assignment has been made for the benefit of your creditors or an entry of judgement has been made
against you,or someone tries to take or attach any of the collateral.
(d) You fait to comply fully with any tents or condition of this Note or any other loan or agreement you may
have with Citizens Bank.
(e) You die or become insolvent,a receiver is appointed for any part of your property,or any proceeding is
commenced either by you or against you under any bankruptcy or insolvency laws.
P
T' Page 3
COLLECTION COSTS: if you fail to abide by any of the terms of this Note,and if we are permitted to do so by
applicable law,we may hire or pay someone else to help collect on the Note.You will pay all reasonable collection
costs,including reasonable attorney's fees incurred by us in the collection of amounts due under this Note as
pennitted by applicable law.This includes,subject to any limits under applicable law,our legal expenses whether or
not there is a lawsuit and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any
1 automatic stay of injunction),appeals,and any anticipated post judgement collection services. In New Hampshire, if,
but only if,by applicable law,we are permitted to collect attorneys Pecs from you as part of our costs of collecting
any amounts due under this Note,then you,to the extent required by New Hampshire Revised Statutes Annotated
Chapter 361-C,as amended,shall be entitled to reasonable attorney's fees if you prevail in(a)any action,suit or
proceeding brought by us,or(b)any action brought by you.if you successfully assert a partial defense or setoff,
recoupment or counterclaim to any action brought by us,the court may withhold from us the entire amount or such
portion of the attorney's fees as the court considers equitable.
OFFSETTING DEPOSIT ACCOUNT:Unless prohibited by applicable law,we may apply money from any of your
deposit accounts with us,or our affiliates,now or in the future,to pay all or a portion of any amount overdue under
this Note.We may use this right of offset without giving you notice,unless otherwise required by applicable law.
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(the"Security Instrument"),dated the
same date as this Note,protects the Note Holder from possible losses which might result if you do not keep the
promises which you make in this Note. That Security Instrument describes how and under what conditions you may
be required to make immediate payment in full of all amounts you owe under this Note.Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest
in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
..................._....._.
natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment
ii full of alf sums sccurea by this Secuniy Tnstrumeiit.Howe6er,ifiis option shall not be excreised by Lcnder _............___...._...._......._......_......__......._,..,
if exercise is prohibited by federal law as of the date of this Security Instrument.
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 delivered or mailed 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.
PAYMENTS: All payments must be made by a check,money order,or other instrument in U.S..dollars and may be
mailed or made at any Citizens Bank office during regular banking hours.Payments sent by mail must be mailed
early enough to insure receipt by us on the Payment Due Date.Inquiries and payments may be directed to:
Citizens Bank
Consumer Finance Operations
I Citizens Drive
Riverside,RI 02915
1-800-922-9999
PREPAYMENT: If you pay off the entire balance of your loan before the due date,you may be charged a
penalty as follows:
MA(first lien): If you pay off your loan within the first twelve(12)months of the date of the note,we may
charge you,and you agree to pay us,a penalty equal to(a)the balance of the first year's interest,(b)three(3)
months'interest as of the date of prepayment,or(c)MO,whichever is less. If you refinance your loan with another
institution within the first twenty-four(24)months of the date of the note,we may charge you,and you agree to pay
us,a penalty of the lesser of a)three(3)months'interest as of the date of prepayment or(b)$250."
CT(first lien),DE,MA(second lien),ME,NH,VT: I£you pay off your loan within two(2)years after the
date of the note,we may charge you,and you agree to pay us,a penalty of$250.f
CT(second lien):If you pay off your loan within two(2)years after the date of the note,we may charge
you,and you agree to pay us,a penalty of the lesser of five percent(5%)of the principal balance that you prepay or
$250.
RI:If you pay off your loan within the first year of the date of the loan,we may charge you,and you agree
to pay us,a penalty lesser of a)2%of the balance due at the date of payoff or b)$250.
NJ,PA:If you pay off your loan before the due date,you will not have to pay a penalty.
*Assessment will be limited to the first 12 months of the loan if the term is five(5)years or less.
I
K
Page 4 IN.
LATE CFLAItGE: Your late fee will be calculated as follows,based on the state or commonwealth as indicated
above:
MA: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due
Date shown.above. If your payment is late,we may charge you 3.000%of the regularly scheduled payment of
principal and interest.
CT and RE Your payment will be late if it is not received by us within 10 calendar days of the
Payment Due Date shown above. If your payment is late,we may charge you 5.000%of the regularly
scheduled payment of principal and interest,or$10-00,whichever is less. 1
NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due
Date shown above. If your payment is late we may charge you 7.000%of the regularly scheduled payment of
principal and interest or$12.50,whichever is greater.
PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the
Payment Due Date shown above. if your payment is late,we may charge you 10.000%of the payment or
$20.00,whichever is greater.
You will pay this late charge only once on any late payment.
DOCUMENTATION., You agree to execute or re-execute any document that we request in order to correct any
error or omission in the original Promissory Note,Mortgage,or other loan related documents,including,but not
limited to,Confirmatory or Corrective Mortgages.
MISCELLAI'7FOUS: Lender may delay or forgo enforcing any of its rights or remedies under this Note without
losing them.You and any other person who signs,guarantees or endorses this Note,to the extent allowed by law,
waive presentment,demand for payment,protest and notice of dishonor.Upon any change in the terms of this
Note,and unless otherwise expressly stated in writing,no party who signs this Note,whether as maker,guarantor,
accommodation maker or endorser,shall be released from liability. All such parties agree that Lender may renew
or extend(repeatedly and for any length of time)this loan,or release any party or guarantor or collateral;or
impair,fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that
_-Lender may modify tbis-loan-without-the-consent of or notice-to-anyone other-than-thc-party-with-whom...the-..........................._.._....._....,....._..__.._...................._...---...._....._......---._..._...._._.............
modification is made.
GOVERNING LAW: This Note is governed by federal taw and by the laws of the state or commonwealth.
as indicated above: The Commonwealth of Massachusetts,the State of Rhode Island,the State of
Connecticut,the State of New Hampshire,the Commonwealth of Pennsylvania,or the State of Delaware
To the extent that federal law preempts state law,this Note is governed by federal law. If any provision of
this Note conflicts with any existing or future law,it shall be deemed modified to the extent necessary to
comply with such law and the validity of the remaining terms shall not be affected.
If you are a Maryland resident,this Note is governed by federal law and by the laws of the state or
commonwealth In which the bank is located,except that to the extent,but only to such extent,that this
Note is not governed by the laws of the state or commonwealth in which the bank is located,the provisions
of Sections 12-1001 of seq.(Credit Grantor Closed End Credit Provisions)of the Commercial Law Article
of the Annotated Code of Maryland shall apply.
The undersigned acknowledges that before signing this Note that all blank spaces were completed,that the
undersigned had read this Note,fully understand its provisions and approves the terms and conditions set
forth herein,and that the undersigned has received a copy of this Note as so completed.
INSURANCE:You may obtain property insurance from anyone that is acceptable to the Lender. If your collateral
property is located in a designated Flood Zone,you must also maintain adequate flood insurance on the property.
Jf any required insurance on the Collateral expires or is canceled and you fail to purchase and maintain such
required insurance,the Lender may(but is not required to,except in the case of required flood insurance)purchase
insurance on the Collateral and either:(i)add the cost of the insurance to the unpaid principal balance you owe
under this Note(in which case you agree to repay the cost of the insurance in accordance with the repayment
terms of this Note),or(ii)bill you separately(in which case you agree.to pay the bill immediately).In either case,
the amounts you owe for the insurance premiums will accrue interest at the interest rate provided in this Note until
repaid in full.You understand and acknowledge that any insurance obtained and maintained by the Lender may
(i)only protect the interests of the Lender and any other creditor with a prior mortgage on the Property,and
(ii)be more expensive than insurance obtained and maintained by the Borrower_
a
r
Page 5
You,the undersigned,certify that you have insured the property described in the section entitled"SECURITY"on
Page 1 of this Note,against loss by fire in the amount sufficient to cover this lien and all superior liens,and that
the policy includes extended coverage and has a standard mortgagee clause making!oss payable to Citizens as its
interest may appear. i
You agree it is your responsibility to keep the premises as identified in the section entitled"SECURITY"on Page i
of this Note,insured in an amount at least equal to the replacement cost of any buildings on the above property,
and until this Note is paid in full.
1'ou understand that you may purchase any required insurance through any duly licensed insurance agent and
insurance company that is reasonably acceptable to us. You are not required to deal with any of our affiliates%vhcn
choosing an insurance agent or insurance company. Your choice of a particular insurance agent or insurance
company will not affect our credit decision,so long as the insurance provides adequate coverage with an insurer
that meets our reasonable requirements.
All documents related to insurance for this loan should be mailed to the following address:
Citizens Bank, Consumer Finance Operations
I Citizens Drive
Riverside,RI 02915
(800)708-6680
You acknowledge that any payoff amounts referenced in the Itemization of Amount f=inanced section of this Note
and the HUD 1-A form were estimates based on the balances listed on your credit bureau report(s). By signing
below,you authorize all handwritten changes,made both to the payoff figures in this Note and the HUD 1-A form,
and confirm that these changes accurately reflect the payoff figures you provided at closing.
You aeknowledge that you received and read, as applicable,the Home Equity disclosure statements provided to you
during the application process,which include When Your Horne is On the Line,Servicing Disclosure Stwernent,
Good Faith Estimate, Right to Receive a Copy of an Appraisal, Citizens'Pledge Regarding the Responsible Use and
Protection of Customer hrformation,for NIA,residents only,Massachusetts Mortgage Loan Disclosure, Uniform
--Mortgage Loan-Cost-Workvheet,Consumer-Guide-lo-Obtaining-a-Mortgagee-for C-T-residents only,-Afortgagor's- ..................._......_......_._.._.._......._._...._......__..._._..._....._........._..
Right to Counsel, for RI residents only,Choice of title Attorney Disclosure,for NJ residents only,Right to Own
Counsel Disclosure and for MD residents only, Processing your Loan Application.Settlement Services.
If there is more than one signer below,it is my/our intention that this account be a joint account.
You acknowledge that with your application,you provided your consent to us to check your employment and credit
history with any source and to answer questions about your credit experience With us.
NOTICE TO NEW JERSEY BORROWERS: READ THIS NOTE BEFORE YOU SIGN- DO NOT SIGN THIS NOTE
IF IT CONTAINS BLANK SPACES. THE NOTE IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL
PROPERTY.
SIGNATURES:
Q:V/y'11 2Z�—5�
JAMES D S.
EXHIBIT ` C '
{00046153}
ALL the following described real estate lying and beim situate in Southampton Township,
Cumberland County,Pennsylvania, more particularly described as follows:
BEGINNING at a nail in the center of a mountain road which leads from the former-Gates
Orchard in South Mountain, and line of land of the ComomN,ealth of Pennsylvania, formerly David
Clever: thence along lands now or fonnerly of the said Commonwealth of Pennsylvania, South 48
degrees 30 minutes West 319.8 feet to an iron pin and stones:thence along line now or formerly of
William J. Stine,North 24 degrees 45 minutes West 328.35 feet to an iron pin: thence by lands now or
formerly of John Grove,then by lands now or formerly of George Clever and Henry Varner,North 48
degrees 30 minutes East 219.5 feet to a nail in the center of the said mountain road; thence along the
center line, South 42 degrees 30 minutes East 314 feet to a nail,the place of beginning, containing 1.93
acres, more or less, as per survey prepared by William Russell Grove, R.S., dated November 26, 1966.
THE above-described real estate is the same which Edward L. Rosenberry, Executor of the last will and
testament of George A. Rosenberry, and Edward L. Rosenberg and Linda K. Rosenberry, his wife, and
Edward L. Rosenberry and Linda K. Rosenberry,successor trustees of declaration of trust created by
George A. Rosenberry, by deed dated October-31, 1995, recorded in Cumberland County, Pa., Deed Book
1.31, Page 97, conveyed to Larry D. Stine,Jr., and Kelly E. Reilly,the Grantor herein
EXHIBIT `D '
{000461531
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JAMES STINE
385 STROHM ROAD
SHIPPENSBURG PA 17257
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(Rev.9/2008)
Date: May 21, 2014
ACT 91 NOTICE
TA-E�;'E ACTION TO SAVE
YOUR HOME
FRAM
F 0RECL0SURE
This is an. official notice that the mort�ae on Your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM(HEMAP)
may be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when You meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County
are listed at the end of this Notice. If you have M-questions,you may call the Pennsylvania Hough
Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA MIPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR WI ,JENDO EN SU CASA. SI NO CONWRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCI) SINCARGOS AL NUMERO
hIENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
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HOMEOWNER'S NAAIE(S): .TAMES STINE
i
PROPERTY ADDRESS: 385 STROHM ROAD
SHMPENSBURG PA 17257
LOAN ACCT.NO.:
ORIGINAL LENDER: 31,076.80
CURRENT LENDERISERVICER: CCO Mortgage
HOMEOWNER'S EMERGENCE' MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIRLEYOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYATENTS f
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEWS EMERGENCY MORTGAGE ASSISTANCE
ACT OF 3983 (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.
is
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 r;
r
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. K
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty(30) days after the date of
this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the properly 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 ASSISTA NCE--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 Y.
financial assistance from the Homeo«,per'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 is
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 Pennsvlvania Housine Finance
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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 onyour application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can stilt apply for Emergency Mortgage Assistance,)
HOW TO CURL YOUR MORTGAGE DEFAULT (Mill<ff it up to date).
NATURE OF THE DEFAULT-- The MORTGAGE debt.held by the above lender on your property located at:
385 STROHM ROAD SHIPPENSBURG PA 17257
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due: September 2011 through March 2014 @ $852.14 and April 2014 through May 2014 @
$1539.78
Other charges (explain/itemize): LATE CHARGES of$764.40, PROP_ INSPECTION FEE of$86.50, APPRAISAL
FEE of$680.00 and FAX FEES of$50.00
TOTAL AMOUNT PAST DUE: $31076.8/
k
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) r;
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30)_DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $31076.8, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent
to:
CCO Moitgage =
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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 attorneys 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 attorneys, but you cure the delinquency before the Iend.er 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 attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period you will
not be required to pay attorney's fees. _
OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage. '
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by ayinq the total amount then pas
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_10_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
i
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: CCO R'Iortgage
Address: 10561 Telegraph Rd,Glen Allen.VA 23059
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Phone Number: (800)456-8855
Fax Number: (804) 627-5790
Contact Person: Problem Debt Management
E-Mail Address: Inguiriesna ccomort6 �.
age.cam
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EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged
............
YOU MAY ALSO HAVE THE RIGHT:
F
• 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.
C
• 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, ti
IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT r
MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) F_
•
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.
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• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. =r.
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CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(Fill in a list of all Couliselil gAgencies listed in Appendii C, FOR THE COEWTYin which the propei4,is rj
located, usin.p additional pages if necessarv).
Y:
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HEMAP Consumer Granit Counseling Agencies
Report last updated:811/2008 10:08:24 Aivi
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Center for Family Services,Inc. Community Action Commission of
Captial Region i
213 Center Street 1514 Deny Street
Meadville,PA 16335 Harrisburg,PA 17104
814.337.8450 717.232.9757
Greater Erie Community Action Committee Loveship,Inc.
18 West 9TH Street 2320 North 5th Street
Erie,PA 16501 Harrisburg,PA 17110 k.
814.459.4581 717.232.2207
Shenango Valley Urban League,Inc. PHFA
601 Indiana Avenue 211 North Front Street
Farrell,PA 16121 Harrisburg,PA 17110
724.981.5310 717.780.3940
800.342.2397
St.Martin'Center
1701 Parade Street DELAWARE County
Erie,PA 16503
814.452.6113 Acorn Housing Corporation
846 North Broad Street
CUMBERLAND County Philadelphia,PA 19130 I't
215.765.1221
Adams County Interfaith Housing Authority
40 E High Street Advocates for Financial Independence
Gettysburg,PA 17325 202 East Hinkley Avenue
717.334.1518 Ridley Park,PA 19078
215.389.2810
CCCS of Western PA
2000 Linglestown Road American Credit Counseling Institute
Harrisburg,PA 17102 175 Strafford Avenue
888.511.2227 Suite 1
888.511.2227 Wayne,PA 19087
610.971.2210
Community Action Commission of Captial Region 888.212.6741
1514 Deny Street
Harrisburg,PA 17104 American Financial Counseling Services
717.232.9757 175 Trafford Avenue
Suite One
Loveship,Inc. Wayne,PA 19G87
2320 North 5th Street 267.228.7903
Harrisburg, PA 17110 800.490.3039
717.232.2207
American Red Cross of Chester
Maranatha 1729 Edgemont Avenue
43 Philadelphia Avenue Chester,PA 19013
Waynesboro,PA 17258 610.874.1484
717.762.3285
APM
PHFA 2147 North Sixth Street
211 North Front Street Philadelphia,PA 19122
Harrisburg,PA 17110 215.235.6788
717.780.3940
7
.. .. �........ .. .. ._- - ............... ..
HEMAP Consumer Credit Counseling Agencies
Report last updated:8/1/2008 10:08:24 AM
CCCS of Delaware Valley Phila Council For Community Advmnt
1608 Walnut Street 100 North 17th Street
10th Floor Suite 600
Philadelphia,PA 19107 Philadelphia,PA 19103
215.563.5665 215.567.7803
800.930.4663
CCCS of Delaware Valley
280 North Providence Road Urban League of Philadelphia
Media,PA 19063 1818 Market Street
215.563.5665 20th Floor
Philadelphia,PA 19103
CCCS of Delaware Valley 215.561.6070
790 E.Market St
Suite 170,Marshall Building ELK County
West Chester,PA 19382
215.563.5665 Northern Tier Community Action Corp. -
P.O.Box 389
Chester Community Improvement Project 135 West 4th Street
412 Avenue of the States Emporium,PA 15834
PO Box 541 814.486.1161
Chester,PA 19016
610.876.8663 ERIE County
Diversified Community Services Booker T.Washington Center
Dixon House 1720 Holland Street
1920 South 20th Street Erie,PA 16503
Philadelphia,PA 19145 814.453.5744
215.336.3511 CCCS of Western PA
FOB CDC 4402 Peach Street -
1201 West Olney Avenue Erie,PA 16509 is=
Phialdelphia,PA 19141 888.511.2227 ext
108 H.
215.549.8755
888.511.2227 ext
Germantown Settlement
108
5538 Wayne Avenue Greater Erie Community Action
Committee
Bldg C 18 West 9TH Street
Phi;adelphia,PA 19144 Erie,PA 16501
215.849.3104 814.459.4581
HACE St Martin Center
167 W.Allegheny Avenue 1701 Parade Street
2nd FI Erie,PA 16503
Philadelphia,PA 19140 814.452.6113
215.426.8025
Voices for Independence
Housing Partnership of Chester County 1107 Payne Avenue
41 West Lancaster Ave Erie,PA 16503
Downingtown,PA 19335 814.874.0064
610.518.1522 800.838.9890
Media Fellowship House
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VERIFICATION
The undersigned hereby states that die statements made in the foregoing pleading are true
and correct to the best of his/her knowledge,information and belief. The undersigned understands
that the statements therein are made subject to the penalties of 18 Pa.C.S.Section 4904,relating to
unsworn falsification to authorities.
Name: �6
Title: �vvfvsC � cFQ� f
Citizens Bank of Pennsylvania
RE: Stine,James D.
14-01884
{00102242}
LAW OFFICES OF GREGORY JAVARDIAN
GREGORY JAVARDIAN, ESQUIRE Id.No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 CUm' FERLAND COUNTY
SEAN P. MAYS, ESQUIRE Id No. 307518 t LNNC YLVANIA
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215)942-9690 ATTORNEY FOR PLAINTIFF
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059 CIVIL DIVISION
PLAINTIFF
VS.
CUMBERLAND COUNTY `
JAMES D. STINE NO.
385 STROHM ROAD
SHIPPENSBURG, PA 17257 COMPLAINT IN
DEFENDANT MORTGAGE FORECLOSURE
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action you
may be able to participate in a court supervised conciliation conference in an effort to resolve this matter
with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a conciliation
conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal
Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal
representative at no charge to you. Once you have been appointed a legal representative you must promptly
meet with that legal representative within twenty 20 days of the appointment date. During that meeting you
must provide the legal representative with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your legal representative complete a financial
worksheet in the format attached hereto the legal representative will prepare and file a Request for
Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you
will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arrangements with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However you must provide your lawyer with all requested financial
information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer
complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for
Conciliation
Conference with the Court,which must be filed with the Court within sixty 60 days of the service upon you
of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an
{00105724}
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE
THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE.
LAW Fl ES OF GREGORY JAVARDIAN
DATE: BY:
❑Gr gory Javardi ,Es ire Id.No. 55669
❑ ary F. Ken y,Esquire Id.No. 77149
❑ eghan . oyle,Esquire Id.No. 201661
Mays, Esquire Id.No. 307518
Attorneys for Plaintiff
1001057241
Cumberland County Residential Mortgage Foreclosure Diversion
Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge
CUSTOMER/PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale?Yes ❑ No ❑ Listing date: Price: $
Realtor Name Realtor Phone
Borrower Occupied? Yes ❑ No ❑
Mailing Address(if different)
City State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
Number of people in household How long:
CO-BORROWER
Mailing Address:
City: State Zip:
Phone Numbers: Home:
Office: Cell: Other:
Email:
Number of people in household How long:
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan
{00105724}
Loan Number Total Mortgage Payments Amount: $ Included Taxes
Insurance:$ Date of Last Payment:
Primary Reason for default:
Is the loan in Bankruptcy?Yes ❑ No❑
If yes provide names, location of court,case number&attorney
Assets Amount Owed: Value:
Home: $ $
Other Real Estate $ $
Retirement Funds $ $
Investments $ $
Checking $ $
Savings $ $
Other $ $
Automobile#l: Model Year:
Amount owed: $ Value:
Automobile#2: Model Year:
Amount owed $ Value:
Other transportation(automobiles boats motorcycles Model)Model:
Year: Amount owed$: Value: $
{00105724}
a,
MONTHLY INCOME
Name of Employers
1.
2.
3.
Additional Income Description (not wages):
1• monthly amount $
2. monthly amount $
orrower Pay Days: Co-Borrower Pay Days
MONTHLY EXPENSES
(Please only include expenses you are currently paying)
EXPENSE . AMOUNT EXPENSE AMOUNT
Mortgage $ Food $
2nd Mortgage $ Utilities $
Car Payment(s) $ Condo/Neigh.Fees $
Auto Insurance $ Med not covered $
Auto fuel/repairs $ Other prop payment $
Install Loan Payment $ Cable TV $
Child Support/Alimony $ Spending Money $
Day/Child Care Tuition $ Other Expenses $
Amount Available for Monthly Mortgage Payments Based on Income Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes please provide the following information
Counseling Agency:
Counselor:
Phone Office: Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP)assistance
Yes ❑ No ❑
If yes please indicate the status of the application:
{00105724}
x
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 known regarding your lender's or lender loan
servicing company Lender Contact(Name)
Phone
Servicing Company(Name)
Contact: Phone
AUTHORIZATION
I/We authorize the above named to use/refer this information to my
lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options.
I/We understand that I/we am/are under no obligation to use the services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
{00105724}
r �
Please forward this document along with the following information to lender and
Gregory Javardian,Esquire, lender counsel:
Proof of income
Bank statements to cover the last 60 day period
If self employed,we must have the last 3 bank statements from both their business and personal bank
accounts.
Proof of any expected income for the last 45 days
Dodd Frank Certificate
4506T-EZ form
Copy of last two months utility bill
Letter explaining reason for delinquency and any supporting documentation
Hardship letter
Listing agreement if property is currently on the market
Gregory Javardian,Esquire
1310 Industrial Boulevard, Suite 101
Southampton,PA 18966
(tel)215-942-9690
(fax)215-942-9695
Attention: Tami Kowalski
(tel)215-942-9690 ext. 1309
tami@iavardianlaw.com
{00105724)
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
:LE -3-0F r o
f HF PRO -1110146V-
2014 AUG 26
RO.111014O 1t+=2(i14AUG26 Ati!C b
CUMBERLAND COUNTY
F_ � qtr PENNSYLVANIA
18Citizens Bank of Pennsylvania Case Number
vs.
James D Stine 2014-4546
SHERIFF'S RETURN OF SERVICE
08/14/2014 08:46 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: James
D Stine at 385 Strohm Road, Southampton Twp, Shippensburg, PA 17257.
DEN FRY, DEP
SHERIFF COST: $50.60 SO ANSWERS,
August 15, 2014 RONNY R ANDERSON, SHERIFF
(c) CounfySuilo Sheriff, Teleosoft, Inc.
CAW OFFICES OF GREGORY JAVARDIAN
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CITIZENS BANK OF PENNSYLVANIA
10561 TELEGRAPH ROAD
GLENN ALLEN, VA 23059
vs.
JAMES D. STINE
385 STROHM ROAD
SHIPPENSBURG, PA 17257
LJi I -1E PR 0 rtiONOLTA.
20,14 SEP 2.4 PM
IO: 03
CLIIIBEf?LAND COU
PENNSYLVANTY
NIA'
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 14-4546 CIVIL
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
. TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against JAMES D. STINE, Defendant(s) for
failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure
and sale of the mortgaged premises, and assess Plaintiffs damages as follows:
As Set forth in Complaint
Interest 07/24/2014 to 09/22/2014
TOTAL
$129,239.44
1,117.80
$130,357.24
I hereby certify that (1) the addresses of the aintif and Defendant(s) are as shown
above, and (2) that notice has been given in accordance h Rule 2371, copy attached.
Damages are hereby assessed as indicated.
9/07
DATE:
HGre.oryJay.ian, Esq
1Ma F. nnedy, Esquire
Meghan K. Boyle, Esquire
/Sean P. a Esq d.
Attorneys for aintiff
d. No. 55669
d. No. 77149
o. 201661
7518
PRO FROTHY
all/4
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R41,-
-N)A.t6' Alai:Pot
LAW OFFICES OF GREGORY JAVARDIAN
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
vs. CUMBERLAND COUNTY
JAMES D. STINE No.: 14-4546 CIVIL
VERIFICATION OF NON-MILITARY SERVICE
The undersigned hereby verifies that he/she is attorney for the Plaintiff in the
above -captioned matter, and that on information and belief, he/she has knowledge of the
following facts, to wit:
(a) Defendant(s), JAMES D. STINE, is/are not in the Military or Naval
Service of the United States or its Allies, or otherwise within the provisions of the
Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq.
(b) Defendant, JAMES D. STINE, is over 18 years of age, and resides at 385
STROHM ROAD, SHIPPENSBURG, PA 17257.
(c) Plaintiff, CITIZENS BANK OF PENNSYLVANIA, is an institution
conducting business under the Laws of the Commonwealth of Pennsylvania with an address
of 10561 TELEGRAPH ROAD, GLENN ALLEN, VA 23059.
This statement is made subject to the pena -s-118 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
CI Gregor Javardia squire Id. No. 55669
❑Mary F. es.• :y, Esquire Id. No. 77149
❑Meghan K. Boyle, Esquire Id. No. 201661
1Sean P. Mays, Esquire Id. No. 307518
Attorneys for Plaintiff
LAW OFFICES OF GREGORY JAVARDIAN
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGI-IAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
ATTORNEYS FOR PLAINTIFF
CITIZENS BANK OF PENNSYLVANIA
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
Plaintiff
v.
JAMES D. STINE
385 STROHM ROAD
SHIPPENSBURG, PA 17257
Defendants
TO:
JAMES D. STINE
385 STROHM ROAD
SHIPPENSBURG. PA 17257
DATE OF NOTICE: SEPTEMBER 12, 2014
In The Court of Common Pleas
Cumberland County
No, 2014-4546
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by attorney and file
in writing with the court your defenses or objections to the claims se forth against you. Unless you act
within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing
and you may lose your property or other important rights. You should take this notice to a lawyer at once.
If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where
you can get legal help.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
(717) 249-3166
BY:
:LqL-�
UGregory'Javardian, Esquire Id . 55669
DMary F. Kennedy, Esquire Id o. 77149
. vleghan K. Boyle, Esquire Id. No. 201661
DSean P. Mays, Esquire Id. No. 307518
Attorneys for Plaintiff
Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso.
Al no tomar la accion debida dentro de un terming) de diez (10) dias de esta notificacion, el tribunal podra,
sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted
puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un abogado
immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona
o ]lame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede
conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE"
{00117345)
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: JAMES D. STINE
385 STROHM ROAD
SHIPPENSBURG, PA 17257
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY
vs.
No.: 14-4546 CIVIL
JAMES D. STINE
Defendant(s)
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession by Default
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY: Law Offices of Gregory Javardian at this telephone number: (215) 942-9690.
e