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HomeMy WebLinkAbout14-4591 Supreme Coifr"t,-o'f,�Pennsylvania hCour tdffCommoSpn� leas For Prothonotary Use Only: CiVil Cover et rf v�g Docket No: CUM,BE,RLfANb All, County The it?fonnalion collected on this form is used solely for court administralion purposes. This form does not supplement or replace the, ling and service of pleadings or other papers as required by low or rules of court. Commencement of Action: S ED Complaint 1 Writ of Summons Petition E 0 Transfer from Another Jurisdiction Q Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T CITIMORTGAGE, INC. JAMES MICHAEL WATERMAN AKA JAMES M. WATEig Are money damages requested? 0 Yes El No Dollar Amount Requested: Elwithin arbitration limits 0 (check one) Bloutside arbitration limits N is this a Class Action Suit? n Yes 9 No Is this an MDJAppeal? E] Yes El No A Name of Plaintiff/Appellant's Attorney: POWERS, KIRN &ASSOCIATES, LLC. Check here if you have no attorney(are a Self-Represented JPro Se) Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Moss Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Q Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle F1 Debt Collection: Other n Board of Elections n Nuisance 0 Dept.of Transportation El Premises Liability ® Statutory Appeal:Other S n Product Liability (does not include Employment Dispute: mass tort) E Slander/Libel/Defamation Discrimination C El Other: Employment Dispute: Other 0 Zoning Board T E3Other: I r_1 Other: o MASS TORT [3 Asbestos N 17 Tobacco El Toxic Tort-DES fil Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste n Ejectment [] Common Law/Statutory Arbitration B Other: n Eminent Domain/Condemnation [] Declaratory Judgment Ground Rent n, Mandamus Landlord/Tenant Dispute j []Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY 17, Mortgage Foreclosure:Commercial n Quo Warranto 0 Dental n Partition 0 Replevin J Legal 0 Quiet Title n Other: n. Medical r7l, Other: 17 Other Professional: Updated 1/1/2011 POWERS, KIRN&ASSOCIATES,LLC Jill Manuel-Coughlin,Esquire Id.No. 63252 Qr. �-`l� E[1 Jolant B ReeseaEs Esquire uire Id. No. 310050168 ���Pfi Q��i C�: Harry q � 0 TA ict Daniel C. Fanaselle, Esquire Id.No. 312292 �G Matthew J. McDonnell, Esquire Id.No. 313549 G(/�y8 S /Q; 55 1310 Industrial Boulevard, Suite 202 ERC Southampton,PA 18966 PE;;�sYLV4,ylUNTy (215)942-2090 ATTORNEYS FOR PLAINTIFF A CITIMORTGAGE, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY NO. IH —HS9 /VS. JAMES MICHAEL WATERMAN COMPLAINT IN A/K/A JAMES M. WATERMAN MORTGAGE FORECLOSURE WENDY K. WATERMAN 2162 MERRIMAC AVENUE MECHANICSBURG,PA 17055 DEFENDANTS 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, 17013 I �� 717-249-9-3166 800-990-9108 36a (I o$ 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 § 1.692 et seq. (1977), DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)DO SO IN WRITING WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S)WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30)DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY(20)DAYS,YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE,NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY(30)DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30)DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS,KIRN&ASSOCIATES,LLC Jill Manuel-Coughlin,Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id.No. 307968 Harry B. Reese,Esquire Id.No. 310501 Daniel C. Fanaselle,Esquire Id.No. 312292 Matthew J. McDonnell, Esquire Id. No. 313549 1310 Industrial Boulevard, Suite 202 Southampton,PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. JAMES MICHAEL WATERMAN COMPLAINT IN A/K/A JAMES M. WATERMAN MORTGAGE FORECLOSURE WENDY K. WATERMAN 2162 MERRIMAC AVENUE MECHANICSBURG,PA 17055 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. CitiMortgage, Inc. (hereinafter referred to as"Plaintiff') is a Corporation with a principal place of business in O'Fallon,Missouri. 2. James Michael Waterman a/k/a James M. Waterman and Wendy K. Waterman (hereinafter referred to as"Defendants")are adult individuals 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 by Assignment. The Mortgage, dated August 18,2011,was recorded on September 6,2011 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Instrument#201124685. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on December 16, 2013 in the Office of Recorder of Deeds in Cumberland County in Instrument#201339443.A copy of the Mortgage and Assignment of Mortgage is attached and made a part hereof as Exhibits `A' and `B'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on August 18, 2011 in the original principal amount of$263,700.00,which is payable to Plaintiff in monthly installments with an interest rate of 4.750%. A copy of the Note is attached and made a part hereof as Exhibit`C'. v 5. The land subject to the mortgage is 2162 Merrimac Avenue,Mechanicsburg, PA 17055. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 2162 Merrimac Avenue,Mechanicsburg,PA 17055. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they became due and owing. As a result of the default,the following amounts are due: Principal Balance $255,364.39 Interest to 07/13/2014 $10,506.99 Escrow Advance Balance $1,158.63 Reconveyance $12.00 Release Fee $55.50 TOTAL $267,097.51 plus interest from 07/14/2014 at$33.2324 per day, costs of suit and attorney's fees. 8. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendants in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. 9. If Defendants have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice")35 P.S. Section 1680.403c. IL. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on December 30, 2013. A copy of the Notice is attached and made a part hereof as Exhibit`D'. WHEREFORE,Plaintiff requests the court enter an in rem judgment against the Defendants,in the sum of$267,097.51,together with interest,costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. POWERS,K1RN&ASSOCIATES,LLC BY: �"'� ❑ Jill Manuel-Coughlin,Esquire Id.No. 63252 ❑ Jolanta Pekalska,Esquire Id.No. 307968 ❑ Harry B. Reese,Esquire Id.No. 310501 )R_Daniel C. Fanaselle, Esquire Id.No. 312292 ❑ Matthew J. McDonnell,Esquire Id.No. 313549 Attorneys for Plaintiff EXHIBIT " • J 002DUC Prepared By: Arleen Keistler/Citibank,N.A. 1000 Technology Drive MS 945 O'Fallon,MO 63368-2240 'When recorded,return to Finiti Flniti Recording Team 'Accommodation Recording per Client Reauests 7090 Samuel Morse i Columbia,MD 1104E Parcel Number: 42-11-0276-128 Premises: 2162 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 Mortgage . Definitions Words used in multiple sections of this document are defined below and other words are defined in Sections 3, H. 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 August 18,2011 ,together with all Riders to this document. (B) "Borrower" is JAMES MICHAEL WATERMAN AND WENDY K. WATERMAN, HUSBAND AND WIFE ClubanM 3.2.46.IS V4 ...h•►annis Mae/freddle Mae UNIFORM INSTRUMENT WITH MERE form 3039 1101 VMP6A(PA)(1010).01 1Wettm Kluwer Fnandal Services Pape 1 61 20 I Borrower is the mortgagor under this Security Instrument. (G) 'MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and MERS has a mailing address of P.O. Box 2026,Flint, MI 4850E-2026 and a street address of 1901 E Voorhees Street,Suite C.-Danville, IL 61834.The MERS telephone number is(888)679-MERS. (D) 'Lender' is Citibank, N.A. Lender is a Corporation organized and existing under the laws ofthe United States Lender's address is 1000 Technology Drive.O'Fallon,MO 63368-2240 (E) *Note" means the promissory note signed by Borrower and dated August 18,2011 The Note states that Borrower owes Lender Two Hundred Sixty Three Thousand Seven Hundred Dollars(U.S.$263,700.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1,2041 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property•" I (G) "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. (H) "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]: u Adjustable Rate Rider r7 Condominium Rider 0 Second Home Rider Balloon Rider Planned Unit Development Rider 0 1-4 Family Rider Q VA Rider Q Biweekly Payment Rider ®Other(s)[specify] Schedule"A" (1) '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. .... croeam 3s.48.15 w ...iry.rarely-Fannfa Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Farm 3032 1101 VMPaAI Pa W011111 Kluwer Flnanelal Services pa 20120 1 I (J) 'Community Association Dues, Fees, and Assessments' means all dues. fees, assessments and other charges that are imposed oa Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "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, transfem initiated by telephone, wire transfers, and automated I clearinghouse transfers. (�) "Escrow Items'means those items that are described in Section 3. (M) "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. (H) 'Mortgage Insurance' means insurance protecting Lender against the nonpayment of, or default on,the Loan. (0) '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. (P) 'RESPA' means the Real Estate Settlement Procedures Am(12 U.S.C.Section 2601 et seq.)and its implementing regulation. Regulation X(24 C.F.R. Fart 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. "RF.SPA" 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. ! (0) '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 Securiq'Instrument. Transfer of Rights In-the Property "flus 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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS.the following described property located in th€ounty [Type of Remnling rurisdictionl Milbank 3.2.48.15 V4' .-,.. . va ramey-Fannia MaeAnddle Mat UNIFORM INSTRUMENT WITH MERS Form 3039 1101 Mlep - VMPBA(PA)(1010a.01 Wolters%loner Financial Ser%ius Papa 3 01 2a I i ' i I , I of Cumberland (Nome of Remaling lurtsdicdon(: See Attached Legal I I which currently has the address of 2162 MERRIMAC AVE I lStreetl MECHANICSBURG lCityl,Pennsylvania 17055-5797 [7ipCode) ("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 coveted by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands attd agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but. if necessary to comply with law or custom. MERS (as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests,including, but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including,but not limited to,releasing and canceling this Security Instrument, BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and hus the right to mortgage, grunt 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 derttands.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. proper'- UNIFORM COVENAN'T'S. 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 None and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for G111ank 3.2.43.15 ya •MP d ...,•r.nnlF Mae/Fre00Ie Mee UNIFORM INSTRUMENT WITH MERS VMP6Form PAt(00 A10)Ot t101ten-Kluwer ilnanetal Servkaa Page 4 of 20 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 Nott 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. I 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 provisioTts 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 Borruwer. 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 be applied in the following order of priority: (a) interest due under the Note; (b)principal due under the Note;(c)amounts due under Section 3. Such payments shall be applied to each Peri6dic 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. 1 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 I payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges ' due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Citibank 3.2.46.15 Y4 rcnr1bTLVA1IIA.5111916 FarMIY-FUMIe Ma/Fnddla Mat UNIFORM INSTRUMENT WITH MENS Form 3079 1101 ' Wolters KluWar Flnantlal S"Vkee YMF6AtPAy e 5 at.01 Pape S of.20 0 - 4 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 Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These i 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, y Borrower, and such dues, fees and assessments shall bean 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 he 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 arethen required under this Section 3. I 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 expenditums of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whine deposits are insured by a federal agency, instrumentality, or entity(including Lender,if Lender is an institution whose deposits areso 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 feu'holding and applying the . Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays CBlbank 3.2.19.15 VI ....._.. _...,_._..,, Fannie Mn/Freddle Mae UNIFORM INSTRUMENT WITH MFRS Form 3039 1101 VMPV VMP6A(PA1110 t01.01 Wotlels Kluwer fftm*tw Ssfvkes Pa0o 6 of 20 I r 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 I shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. I If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in acalydance 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 Fund.held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Pruperty 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 Shull 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 p 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 Glllbant 3.2.46.16 Y41 •Fannia alae/Freddie Mab UNIFGIIM INSTRUMENT WITH MERS Fenn 3032 1101 Wer� VMP6A(PA)(1010(.01 lua Kluwer Flnanclal Garrkes Page)of 20 i I 1 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 he chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may nxluire 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 remappin&s 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 cone determination resulting from an objection by Borrower. If.Borrower fails to maintain any of the coverages described above, Lender may obtain insurance I 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 gile 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 I CIUDank 3.248.15 V4 WMPQy..w -mgv ramlly-Fanrde MaelFreddle Mae UNIFORM INSTRUMENT WITH MERS farm 3039 f lot VMPOA(PA�110101.01 Wolter Kamer Financial SaMcaa page a 01 YO i 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 adjuster;,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 Smurity Instrument, whether or not then due. with the excess. if any, paid to-Borrower. Such insurance proceeds shall he 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.'Rte 30-day period will begin when the notice is given. In either event,or if Lender acquires the Property under Section 22 or otherwise, Borritwer 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 tight to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights i are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's'princi pal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal re,lidenee 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, uilow 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 shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Citibank 2.2.e11.1s Vd reealSYLUmot-Single Famh-Fannie 101"Oteddla Mac UNIFORM INSTRUMENT WITH MERS Form 7039 1101 VMPNg V1AP9AIPA)(1010).01 Wahen Kluwer Financial Services Page 9 of 20 ' I t 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. S. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a) Borrower 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 i 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 it-, interest in the Property and/or rights under this Security Instrument, including it-; secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts dishursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'Mese 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 title shall not merge unless lender agrees to the merger in writing. I LIIIhanY 3.2.q.15 VI .-wipe remeF-ramie Mis/Fecddle Mae UNIFOF.M INSTRUMENT WITH MEAS Fonn 3039 1/01 VMP6AIPA)(1010).01 Wdlers Kluwer Financial Services 0a9e 10 of 20 i 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 l 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 reserye. Gender 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 requited 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 Aplrlicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rute 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. I Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties) to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements. Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive(directly or indirectly)amounts that derive from (or might be charactim ized 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- . ChUnA 0.2.0.15 v4 ..nnW MZ%Ifreddb Mat UKtFORtA tKSTRUMEKT W nM MFRS Form 303%tt01 VAAPSAIPA)(1010).Or Walters Klurer FOuntial services P W r 1 01 20 i 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 oth(ur terms of the Loan.Such agreements will not increase the amount Borrower will owe for;Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has- if any -with respect to the Mortgage Insurance under the Homeowners protection Act of 1998 or any other law.'Mese lI tights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor 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 he paid to lender. If the Property is damaged, such MiscOlaneous 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 Bormwer any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not i 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 he 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. I 1n the event of a atrial takin destruction, or loss in value of the P g. 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 sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following friction: (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 Citibank 3.2.40.15 V4 ------.------ .anile MaNFreddit Mu UNIFORM INSTRUMENT WITH PERS Form 3039 1101 VMPIS VIAPG&C(010).01 WORM Klawer FYuncial Sendoq Pa04 112020 I 41 I - f Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market -value of the Property immediately before the partial taking.destruction, or loss in value is less than I 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 he applied I 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 tight of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment.could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall he paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shalt be applied in-the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in interest of Borrower. Lender shall not be required to commence proceedings against any Successor in [merest 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 deriand 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. cuPoank 3.2.43.15 v4 i�v AN1A•Single faMtr•YUM A Lbe freEOie Mac UNIFORM INSTRUMEN7 WITH MERS Form 3039 1/01 YMPay VMPBAIVA)11010).01 Wolters Kluwer Financial Services Paage 13 or 20 . I • I 13. Joint and Several Liabillty; 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. 'Ibe covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. I 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 I 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 he treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1S. 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 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise.The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Gtibank 3.2.46.15 V4 V P"j._......"-—w—amay•Fannie Mae/Freddla Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1/01 VMPBA(PA)(10101.01 Wafters Klewer Financial services Qa 14 a1 20 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 Gender 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. Bor'rower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 16. 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 "—VAIIIA-Single Family.Fannie Mae/"die Mac UNIFORM INSTRUMENT WITH MERS Citibank 3.3039 1 1 VMF a Form 3030 t/01 VMPSAIPA)(1010).01 Wdlen Kluwer Financial Servlcee Pape 15 of 20 I I ' i pay these sums prior to the expiration of this period. Lender may invoke any remedies pennitted 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 tight 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; (h) such other period as Applicable Law might specify for the termination of Borrower's right to minstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable 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 cashiers 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 panial 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 j 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.']here also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of I 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 he made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Lam 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 tramsferred to a Successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Clabsnk 3.2.45.15 YI ....tLVANIA•ShVle Family•Fatale Maa/FreOdle Mae UNIFORM INSTRUMENT WITH MERE Fenn 3039 1/01 v1A4y YMP6AfCA1it0101.Ot Wolten Kluwer FManclar Services PPaaOe 1e of 20 i I Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an I individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to he 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 Ig 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 i pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;(b)"Environmental Law"means federal laws and laws of the jurisdiction where ! the Property is located that relate to health. safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action. as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence.use,disposal, storage,or release of any Hazardous Substances, or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do, nor allow anyone else to do, anyihing affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to. hazardous substances in consumer products). Borrower shall p romptly 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 i 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 I removal or other remediation of ani Hazardous Substance affecting the Property is necessary, I 0111banil 3.2.48.15 V4 sing%Family-Fannie Mae/Freddie MK UNIF09M INSTRUMENT WITH MESS Form 3039 1101 Woh n KluNn Financial Servicas VMP6AtPA)119t0).Ot P ps 17 OI 20 I Borrower shall promptly take all nece.mary 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 infornt Bon-ower 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, Linder at its option may require immediate payment in full of all sums secured by this Security instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable taw. 23. Release. Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, 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 sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment.Bonower 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. CI1lbank 3.2.41.15 V4 _,,..­nily-Fannie Mae/Fraddle Mae UNIFORM INSTRUMENT WIT1f NERS Form 3039 1101 •MP24 VMPBA)PA){1010).01 wo"m 10ower Flnnelal SaMtes 01 18 of 20 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. I Borrower (Seal) AM AEL WATEnvw��r AN (Seal) WENDY K.WA MAN - onower (Sign Original Only) Refer to the attached Signature Addendum for additional parties and signatures. I Citibank 3.2.48.IS V4 . -..myu Famly•Fannie Maelkvddla Mae UNIFORM INSTRUMENT WITH MERE Fom 3039 1101 .eri9 VMPSA PAI(1010).01 Watters Kturer Fnandal Services age 19 of 20 I I Acknowledgment State of ve n Y� eMnCs County of Oug On 115 [�y of Sall ,beforeme, ;�4 , I the undersign officer,personally appeared I J known to me, (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that heJshe/they executed the same for the purposes therein contained. I In witness whereof I hereunto set my hand Imd official seal. ' I NOTARIAL SEAL STEPHANIE BEIGH Notary Public Notary Public E.PENNSBORO TWP..CUMBERLAND COUNTY My Commission Expires Nov 18,2012 My commission expires. �(�ItIv On Q I Certificate of Residence 11 TQsS,ct,_r&�,.rs1 ML( ,do hereby certify that the correct• dress of the within-named Mortgagee is 1901 E Voorhees Street,Suite C, Danville,IL 61834, Witness my hand this l Z"1 day of Ae5��`Wu Agent of Mortgagee Citibank 3.2.41.1S V4 .Ay-Fannie Mat/Freddia Mas UNIFORM INSTRUMENT WITH MERS Fann 3039 1101 VMP® � VMPBAIPAt{1010).01 Walters Kluwer Financial Services Page 20020 SCHEDULE A ALL THAT CERTAIN PARCEL OF LAND IN TOWNSHIP UPPER ALLEN ,CUMBERLAND COUNTY,COMMONWEALTH OF PA,AS MORE FULLY DESCRIBED IN BOOK 275 PAGE 4007 ID#42.11.0276-128,BEING KNOWN AND DESIGNATED AS LOT NO.59, FINAL SUBDIVISION PLAN FOR CREEKSTONE MANOR FKA TROUT RUN,PHASES II AND III DATED JANUARY 1,1996,PREPARED BY HARTMAN AND ASSOCIATES,INC.,RECORDED IN PLAN BOOK .76,PAGE 133.AND BEING MORE PARTICULARLY DESCRIBED AS A METES AND BOUNDS PROPERTY. BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY SPECIAL WARRANTY DEED FROM HAUBERT HOMES,INC.,BY:BRADLEY E.HAUBERT.VICE PRESIDENT. TO JAMES MICHAEL WATERMAN and WENDY K. WATERMAN HUSBAND AND WIFE.DATED 06/302006 RECORDED ON 07/242006 IN BOOK 275,PAGE 4007 IN CUMBERLAND COUNTY RECORDS,COMMONWEALTH OF PA. I i { ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE,PA 17013 j 717-240-6370 r - Instrument Number-201124685 Recorded On 9/6/2011 At 12:03:06 PM *Total Pages-22 *Instrument Type-MORTGAGE Invoice Number-92808 User ID-MSW *Mortgagor-WATERMAN,JAMES MICHAEL *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Customer-FINITI *FEES STA'L'E WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING .FEES — $45.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $96.00 I Certify this to be recorded in Cumberland County PA olw% 12EDS RECORDERO •-Information denoted by an asterisk may change during the verification proeess end may not be reflected on this page. 002DUC III111111flllllllllllllfllll EXHIBIT "B " ket rrn 1'o:, I CT LIEN SOLUTIONSPO bOX ` 1 GLLENDALE,CA 91209,9071 . Phone#: 800-331-3282 Prepared By: CITIMORTGAGE, INC Shannon Wallace 1000 TECHNOLOGY DRIVE,MS 321 O'FALLON,MO 63368-2240 Parcel No:42-11-0276-128 ASSIGNMENT OF MORTGAGE MERS KNOWALL MEN BY THESE PRESENTS that Current Beneficiary: Mortgage Electronic Registration a Systems,Inc.as nominee for Citibank,N.A.its successors and assigns,whose address is 1901 E Voorhees Street, Suite C, Danville,IL 61834, P.O. Box 2026, Flint,M1,48501-2026, hereinafter Assignor the holder of the Mortgage hereinafter mentioned,for and in consideration of the sum of ONE DOLLAR ($1.00)lawful money unto it in hand paid by 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,ALL THAT CERTAIN Indenture of Mortgage given and executed by James Michael Waterman and Wendy K.Waterman to Original Beneficiary:Mortgage Electronic Registration Systems,Inc.as nominee for Citibank, N.A. its successors and assigns, bearing the date 08118/2011 , in the amount of$263,700.00, said Mortgage being recorded on 09/06/2011 in-the County of Cumberland County ,Commonwealth of Pennsylvania, in Book: NA Page: NA Instrument No:201124685. Being Known as Premises: 2162 Merrimac Ave.Mechanicsburg, PA, 17055-5797 Township: Upper Allen Description/Additional information:See ExhibitA Together with all Rights, Remedies and incidents thereunto belonging. And ah its Right,Title,-Inter st, Property,Claim and Demand,in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE,all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be,with the appurtenances unto Assignee,to and for its only proper use, benefit and behoof forever, subject,nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named,and his/her/their heirs and assigns therein. IN WITNESS WHEREOF,the said Assigno has caused these presents to be duly executed.by its proper officers 1 , 1 This 3 Mortgage Electronic Registry tic) $yst , Inc. as nominee for Citibank, N.A.its successors and assigns By: F(,� Shannon E.Mllace Vice President Deiive In the ce of us; Attest: Lk' Alexand arczew i STATE F MISSOURI, S ..CHARLES COUNTY On /444 before me,the undersigned, a notary public in and for said state,personally appeared Shannon E.Wallace,Vice President of Mortgage Electronic Registration Systems,Inc.as nominee for Citibank,NA.ft successors and assigns 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. GERALDINE ANN BEUNSKI Notary Public,Notary seal State of Missouri Notary Public Geraldine Ann Belinski Commissioned for St.Charles Countrttyy My Commission Expires: April 25,20ie Commission Number: 12332810 Commission Expires:04/25/2016 The precise address within named Assignee is: 1000 T nology Drive, O'Fallon, MO,63368 By: Pa ASSIGNMENT OF MORTGAGE BETWEEN: Current Beneficiary: Mortgage Electronic Registration Systems,Inc.as nominee for Citibank,N.A. its successors and assigns AND CitiMortgage,Inc. MAIL TO: Current Beneficiary: Mortgage Electronic Registration Systems,Inc.as nominee for Citibank,NA. its successors and assigns 1901 E Voorhees Street,Suite C,Danville,It_61834,P.O.Box 2026,Flint,MI,46501-2026 , „,,Exhibit A ALL THAT CERTAIN PARCEL Of LAND IN TOWNSHIP UPPER ALLEN , UMSERLAND COUNTY,COMMONWEALTH OF PA,AS MORE FULLY DESCRIBED IN M 275 PAGE 4007 IDi 42.11-0275-128,BEING KNOWN AND DES"ATED AS LOT NO.59, FINAL SUIIMISION PLAN FOR CREEKSTONE 14ANOR FKA TROUT RUN,PHASES II AND Ill DATED JANUARY 1,M96,PREPARED BY HART”AND ASSOCIATES,INC.,RECORDED IN PLAN BOOK 76,PAGE 133,AND BEING MORE PARTICULARLY DESCRIBED AS A Mt`TES AND BOUNDS PROPERTY. BEING I)f SAME FEE SIMPLE PROPERTY CONVEYED BY SPECIAL WARRANTY DEED FROM HAUSERT HOMES,INC.,BY:BRADLEY E.HAUBERT.VICE PRESIDENT TO JAMES MICHAEL WATERMAN end WENDY K, WATERMAN HUSBAND AND WIFE,DATED 067308006 RECORDED ON 071248006 IN BOOK 275,PAGE 4007 IN CUMBERLAND CQJM RI:OOROS.CCMNVIONWEAL:TH OF PA. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - - ` V t=c-. 1 COURTHOUSE SQUARE g� CARLISLE, PA 17013 717-240-6370 - - Instrument Number-201339443 Recorded On 12/16/2013 At 11:13:21 AM *Total Pages-5 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-153155 User ID-SW *Mortgagor-WATERMAN,.JAMES MICHAEL. *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 — $12.00 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $56.00 I Certify this to be recorded in Cumberland County PA ° RECORDER O DEDS 1726 '-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. j0034`5Q EXHIBIT " C " t, NOTE August 18,201 1 / Mechanicsburg Pennsylvania lkltr] City] (Strte] 2162 MERRIMAC AVE,MECHANICSBURG. PA 17055-5797/ IProperty Addrrcc] 1_ BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.S 263,700.00 (this amount is called "Principal"), plus interest,to the order of the Lender. The Lender is Citibank.N.A. I will make all payments under this Note in the form of Cash,check or money order. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 4.750%. / The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments 1 will pay principal and interest by making a payment every month. 1 will snake my monthly payment on the Is[ day of each month beginning on October 1,2011 1 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 yment will he applied as of its scheduled due date and will he applied to interest before Principal. If,on September 1,2041 , I still owe amounts under this Note, I will pay those amounts in full on that (late, which is called the"Maturity Date." I will make my monthly payments at CitiMortgage. Inc. 1000 Technology Drive.O'Fallon. MO 63368-2240 or at a different place if required by the.Note Holder. (B)Amount of Monthly Payments / My monthly payment will be in the amount of U.S.S 1.375.58 4, BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are clue. 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. 1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Bolder 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 in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. Citibank 0.2.48.15 V4 YMP gi .".c rIAeu NATE NOTE-Single Family-Fannie Mst/Freddie Mac UNIFORM INSTRUMFNT Form 3200 1101 Wolters Kluwer Financial Services (1007).UOces Page 1 of 3 { . 1 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) am• 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 he treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after after the date it is cote, 1 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 clue.1 will be in default. (C)Notice of Default If l 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(late must he 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 he paid hack by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will he 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 he 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 fully and personally obligated to keep all of the promises made iri this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is ulso 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 he required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations tinder this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. CUlbank 3.2.48.15 VI .—Me FIRED RATE NOTE-Single Family-Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 3200 1/01 VMP S VMPSN 11007).00 woRers Kluwer Financial Services Pape 2 at 3 10. UNfFORM SECURED NOTE This Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections given to the mote 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 he 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 L,W. 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. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDER D_ (Seal) JA M. ATERMAN -Bommul. (Seal) 'WENDY K.WAT AN -BoL-rower Pay to the order of _• ttnk (Sign Original Only) FWWWi itibank.N.A. Refer to the attached Signature Addendum for additional parties and signatures- Citibank 3.2.48.15 V6 nVTE.Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 1101 ,rap V VMPSN(1007).00 Wolters t0uwar Financial Services Page 3 0l 3 Y INTEREST RATES AND INTEREST CHARGES NOTE RIDER THIS INTEREST RATE AND INTEREST CHARGES NOTE RIDER is made this 18th day of August, 2011 ,and is incorporated into and shall be deemed to amend and supplement the note (the Note) of the same date given by the undersigned (the Borrower) to Citibank, N.A. (the Lender). In addition to the covenants and agreements made in the Note, Borrower and Lender further covenant and agree as follows: Interest Rates and Interest Charges. Lender is a national bank. As authorized by 12 U.S.C. § 85, provisions related to interest rates and interest charges shall be governed by federal law and by the laws of the state of South Dakota,where Lender is located. BY SIGNING BELOW, BorrowerINDY to the t r rrts and covenants contained in this Interest Rates and Interest Charges (Seal) MAN -Bo m ver (Seal) N Bam,wrr (Sign Original 017W ..,qua interest Rate and Interest Charges Page 1 of 1 0612011 Citibank 3.2.48.15 V4 EXHIBIT D " Ciumorigage,Inc. PRESORT PO Box 9090 Temecula,CA 925639090 First-Class Mail U.S.Postage and Fees Paid W SO 7196 9006 9297 1436 2827 Send Payment to: CitiMortgage,Inc. PO Box 689196 Des Molnes;IA 50368-9196 Send Correspondence to: 20131230-168 CitiMortgage,Inc. 6400 Las Colinas Blvd. JAMES M WATERMAN Irving,TX 75039 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CITIPAACT91 Sent Via Certified Mail Date: 12/30/2013 7196 9006 9297 1436 2827 JAMES M WATERMAN 2162'MERRIMAC AVE MECHANICSBURG, PA 17055-5797 RE: Property Address: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CitiMortgage 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)may be able to help save your home. This Notice explains how the program works. To see if H.EN'IAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY NVITHIN 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 any questions, you may call the Pennsvlvania Housing 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 NOTMCACION EN AMUNTO ES DE SUM.A IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINU'AR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA CITVAACT91 Pap 1of7 7196 9006 9297 1436 2827 HOUSING FINANCE AGENCY) SIN CARGOS AL NUME.RO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLA)4ADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER.ECHO A RED:IMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JAMES M WATERMAN JAMES MICHAEL WATERMAN WENDY K WATERMAN PROPERTY ADDRESS: 2162 MERRIMAC AVE M.ECHANICSBURG,PA 17055-5797 LOAN ACCT.NO.: ORIGINAL LENDER: Citbank,N.A. CURRENT LENDER/SERVICER: CitiMortgage,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTAME WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MADE 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 youmust arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR .EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR.MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty(30) days after the date of this meeting. The names,addresses and telephone numbers of designated consumer credit counseling: agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. CITIPAACT91 Pap 2of7 7196 9006 9297 1436 2827 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. YOUSHOULD FILE A HEM 4P 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'IVIEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FRO.V 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.E6'ENTUALL Y APPROL'ED 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. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/13 through 1.1/01/1.3 2 @$1,935.87/month 2 @$68.77/late charge/month $4,009.28 12/01/13 through 12/01/13 1 @$1,959.3I/month I @$68.77/late charge/month $2,028.08 Other charges(explain itemize): ".TOTAL AMOUNT PAST DUE: $6,037.36 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 $6,037.36, 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 CITIMACf91 Page 3of7 7196 9006 9297 1436 2827 EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your mvnership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may not sell or transfer your home to a buyer or transferee who will assuine the mortgage debt, provided that all the outstanding payments, charges and attorneys fees and costs ate paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT I•IAVE 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- * ENDER• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST This is an attempt to collect a debt and any information obtained will be used for that purpose. CrfIPAACro l Page 5 of7 7196 9006 9297 3436 2827 HEMAP. Consumer. Credit Counseling Agencies YORK County Repurt last updated:10/162013.10:43 AM Advantage.Credit.Counseling Serrice/CCCS.of Western PA Advantage,Credit.Counseling Sertiice/CCCS.of Western PA 2000 Linglestown.Road 55.Clover'HilL Road Harrisburg,PA.17102 Dallastown,PA 17313 888-511-2227 388-511-2227 Base,Inc. Housing Alliance.of York/Y.Housing Resources 447 South Prince.Street 290 West Market Street Lancaster,PA 17603 York,PA 17401 717-392-5367 717-855-2752 PA Interfaith Community.Programs.Inc 40.E High Street Gettysburg,PA.17325 717-334-1518 HC Page 6of7 7196 9006 9297 1436 2827 HEMAP Consumer. Credit. Counseling Agencies. ....... . CUMBERLAND.County Report lust updated:10116/1013,10:43 AM Advantage.Credit.Counseling Service/CCCS.of Western PA CommunityAction 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.17102 Chambersburg,PA.1.7201. 717-234-6616 717-264-59.13 PA Interfaith Community Programs.Inc P.H.FA 40.E High Street 2.1 I..North Front Street Gettysburg,P.A.17325 Harrisburg,.PA.1.7110 71.7-334-1518 71.7-780-3940....800-342-2397 HC Page 7of7 7196 9006 9297 1436 2827 r CitiMorigage,Inc. Box 9090 PRESORT Te First-Class Mail Temecula,CA 92589-9090 U.S.Postage and Fees Paid W SO 7196 9006 9297 1436 2834 Send Payment to: CitiMorigage,Inc. PO Box 689196 Des Moines,IA 50368-9196 Send Correspondence to: 201312'130-168 CIUMortgage.lnc. ���'�III�IELi�lll��l� 11�11611�111��11t'1'Il'lll'�1�'�11t'1',� 6400 Las Colinas Blvd. Irving,Tx 75039 WENDY K WATERMAN 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CITIPAACT91 a Sent Via CertiOed Mail Date: 12/30/2013 7196 9006 9297 1436 2834 WENDY K WATERMAN 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 RE: Property Address: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CitiMortgage Loan#: ACT 91 NOTICE TAII(XvId ACTION TOSAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hely 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 NVITHIN 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 any questions you may call the Pennsylvania Housing 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 NOTIFICAC16N EN ADJUNTO ES DE SUM.A IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFLCACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLkMANDO ESTA AGENCIA (PENNSYLVANIA MR. CITIPAACT9I Page t of 7196 9006 9297 1436 2834 HOUSING FINANCE AGENCY) SLI 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 RED.IMIR SU H.IPOTECA. HOMEOWNER'S NAME(S): WENDY K WATERMAN JAMES MICHAEL WATERM.AN JAMES M WATERMAN PROPERTY ADDRESS: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 LOAN ACCT.NO.: ■ ORIGINAL LENDER: Citbank,N.A. CURRENT LENDERISERVICER: CitiMortgage,Inc. HOMEOWNEWS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A:REASONABLE:PROSPECT OF BEING ABLE TO'PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT,"EXPLAINS NOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone number.-,of designated consumer credit counseling agencies for the county in which the propertv is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE. --Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. CITIPAACT91 Parc 2of7 7196 9006 9297 1436 2834 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 HE�1,9P APPLICATIONAS SOON AS POSSIBLE. IF YOU HAVE A MEETI G WITH ,4 COi NSELING AGENCY WITHIN 33 DAYS OF THE POST 1ARK 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 FORECLOSh'RE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE,IN THE SECTION CALLED "TE I:[PORARY STAY OF FORECLOSURE'. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIOD.. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTIOiN, 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. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it u13 to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 21.62 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/13 through 11101/1.3 2 w$1,935.87/m.onth 2 acv$68.77/late charge/month $4,009.28 12/01/13 through 12/01/13 1 @$1,959.31/month 1 rd;$68.77/tate charge/month $2,028.08 Other charges(explain/itemize): TOTAL AMOUNT PAST DUE: $6,037.36 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 $6,037.36, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAA` PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and C:ITIPAAC'T91 Page 3 of 7196 9006 9297 1436 2834 sent to: CitiMortgage,Inc. 1'.O,BOX 183040 Columbus,OH 43218-3040 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise Its 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.MG.RTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30)DAY period,you will not be required to pav 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 curd 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 ba.ving the total amount then past due, -plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the 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 Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage,Inc. Address: Homeownership Support Team 1000 Technology Drive,Mail Station 420 O'Fallon, MO 63368 Phone Number: 855-843-2549 ext 0365065 Monday through Thursday 7:00 a.m.-8:00 p.m. CT,Friday 7:00 a.m.-5:30 p.m. CT, Saturday 7:00 a.m.-4:00 p.m. CT Fax Nurtiber: 1-866-940-8125 Contact Person: ROBERT SCHULTZ E-Mail Address: ROBERT.C.SCHULTZ@CITi.COM CITIP.AAC'T91 Page 4of7 7196 9006 9297 1436 2834 EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may not sell or transfer your home to a buyer or transferee who will assdme the mortgage debt, provided that all the outstanding payments, charges and attorneys fees and costs arc paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL TIIE PROPERTY TO OBTAIN:MONEY TO PAY OFF TIME MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, • TO HAVE THIS DEFAULT CUFRED 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. (1101REVER, YOU DO NOT I•IAVE 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 TI-{.E MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVLyG YOUR COUNTY CAN BE LOCATED ON' THE ATTACHED LIST This is an attempt to collect a debt and any information obtained will be used for that purpose. CITIPAACT91 Page 5of7 7196 906 9297 1436 2834 HEMAP. Consumer. Credit Counseling Agencies .. ............ ........... ... .. CUMBERLAND County Report Inst updated:10/16!1013.10:43 A94 Ath°antage.Credit.Counseling SerAce/CCCS.of Western PA Community.Action Commission of Capital Region 2000 Linglestown Road 1514,'Derry.Street Harrisburg,PA.17102 Hatrisburg,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.Clcveland Ave Harrisburg,,PA.17102 Chambersburg,PA.17201. 717-234-6616 717-264-5913 PA Interfaith Community Programs.Inc PH.FA 40 E High Street 211 North Front Street Gettysburg,PA.17.325 Harrisburg,PA.1.71.1.0 717-334-1518 71.7-780-3940.....800-342 2397 HC Page 7oV 7146'4006 9297 1436 2834 CitiMortgage,Inc. PRESORT PO Box 9090 First-Class Mail Temecula,CA 92589 9090 U.S.Postage and Fees Paid WSO 7196 9006 9297 1436 2841 Send Payment to: CitiMortgage,Inc. PO Box 689196 Des Moines,IA 50368-9196 Send Correspondence to: 20131230-168 CitiMortgage,Inc. I'II�Il�I1�1'ti'l�I�'ilf�llllilr��1�I��I1fl�I1�Nu� lll��l�li�t' 6400 Las ColinasBlvd. JAMES MICHAEL WATERMAN Irving,,TX.75039•75039 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CITIPAACT91 Sept Via Certified Mail Date: 12/30/2013 7196 9006 9297 1436 2841 JAMES MICHAEL WATERMAN 2162 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 RE: Property Address: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CitiMortgage Loan#: ACT 91' NOTICE TAI]vC%M'v ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT_ COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing 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 IM.PORTANCIA, PLIES AFECTA SU DERECHO A CONTINiJAR VIVIENDO EN SU CASA. SI NO COMPREN ME EL CONTENIDO DE ESTA NOTIFI.CACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAJM- ANDD ESTA AGENCIA (PENNSYLVANIA CITIPAACT91 Pagc t of7 7196 9006 9297 1436 2841 HOUSING FINANCE AGENCY) SIN CARGOS AL NUME.RO 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 RE:D.IMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JAMES MICHAEL WATERMAN JAMES M WATERMAN WENDY K WATERMAN PROPERTY ADDRESS: 2162 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 LOAN ACCT.NO.: ORIGINAL LENDER: Citbank,N.A. 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 MAIZE 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- * SSISTANCE:• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end. of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE .DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,addresses and.telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE —Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Prosram. 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. CITIPAAC791 Page 2of7 7196 9006 9297 1436 2841 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 HE AP APPLICATIONAS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY fYITITIN 33 DAYS OF THE POSTVARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHF.4 WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS .EXPLALNED ABOYE, IN.THE SECTION CALLED"TEiKPORARY 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 APPROtIED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE KILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60)days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 2162 MERRIMAC AVE. MECHANICSBURG, PA 17055-5797 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/13 through 1.1/01/1.3 2 @$1,935.87!month 2 @$68.77/late charge/month $4,009.28 12/01/13 through 12/01/13 1 @$1,959.31/month 1 @$68.77/late charge,'month $2,028.08 Other charges(explain/iternize): TOTAL AMOUNT PAST DUE: $6,037.36 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 $6,037.36, 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 CITIPAAC'T91 Page 3 of 7196 90116 9297 1436 2841 sent to: CitiMortgage,Inc. P.O..BOX 183040 Columbus,ON 43218-3040 IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its ri lits 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. 1F THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 'If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 850.00. 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 pav 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 paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as Specified in writing by the lender and by performiniany 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 lime exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: Homeownership Support Team 1000 Technology Drive,Mail Station 420 O'Fallon, SMO 63368 Phone Number: 855-843-2549 ext 0365065 Monday through Thursday 7:00 a.m.-8:00 p.m. CT,Friday 7:00 a.m.-5:30 p.m. CT, Saturday 7:00 a.m.-4:00 p.m. CT Fax Number: 1-866-940-8125 Contact Person: ROBERT SCHULTZ E-Mail Address: ROBERT.C.SCHULTZ@CITI.COM CtT1PAACT91 Page 4of7 7196 9006 9297 1436 2841 EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO'HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIME 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 ONYOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE TIME DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST This is an attempt to collect a debt and any information obtained will be used for that purpose. CITIP.AACT9I Page 5 of 7196 9006 9297 1436 2841 HEMAP. Consumer. Credit Counseling Agencies CUMBERLAND.County Report lau updaied:10/1612013.10:41AM Advantage Credit,Counseling Serr-ice/CCCS.of Western PA Community.Action Commission of Capital Region 2000 Lingiestown.Road 1514Derry Street Harrisburg,PA.17102. Harrisburg,PA.171(A 888-511-2227 717-232-9757 Housing Alliance.of York/YHousing Resources Maranatba 290.West Market Street 43 Philadelphia Avenue York,PA 17401 W aynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625.North Front St 450.Cleveland Ave Harrisburg,PA.17102 Chambersburg;PA.17201. 717-234-6616 717-264-59.13 PA Interfaith Community Programs Inc PHFA 40.E High Street 211.North Front Street Gettysburg,,PA.17325 Harrisburg,.PA.1.71.10 71.7-334-1518 717-780-3940....800-342-2397 HC Page 7of7 7196 9006 9297 1436 2841 CiGModgage,Inc. I I PRESORT PO Sox 9090 First-Class Mail Temecula,CA 92589 9090 U.S.Postage and Fees Paid wso 2279871378 Send Payment to: CitiMortgage,Inc. PO Box 689196 Des Molnes,IA 50368-9196 Send Correspondence to: 20131230-168 CitiMortgage,Inc. rIIIII�I�IIriIr�I��lu���I�nulll,�Ii��liill�tul:It�,L,Ei„I. saoo Las Colinas Bind. Irving,FX 75039 JAMES M WATERMAN 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CITIPAACT91 Date: 12/30/2013 JAMES M WAT.ERMAN 2,162 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 RE: Property Address: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CitiMortgage Loan#: ACT 91 NOTICE TA-IF-%7M'E' ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HER'IAP can help, you must MEET M11TH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when jou meet with the Counseling Agency. The name, address, and phone nuinber of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing 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 NOTTFICACION EN ADJUNTO ES DE SUM.A :IM.PORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR`'IVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA CITIPAACT91 Page 1 00 2279871378 HOUSING FINANCE AGENCY) SIN CARGOS AL HUMERO MENC:IONADO 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 DE:RECHO A RED:IMiR SU HIPOTECA. HOMEOWNER'S NAME(S): JAMES M WATERMAN JAMES MICHAEL WATFRM:AN WENDY K WATERMAN PROPERTY ADDRESS: 2I62 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 LOAN ACCT.NO.: ORIGINAL LENDER: Citbank,N.A. 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.HOUSLNG 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. CONSUNfER 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 (3.0) days after the date of this meeting. The names,addresses and.telephone numbers of designated consumer credit counseling atzencies 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 tater 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. CTTIPAACT91 Pagc 2 of7 2279871378 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 ASEETItYG Id'1TH A COUNSELING AGENCY WITHLY 33 DAYS OF THE POST.41ARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA R ITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE,IN THE SECTIO.'CALLED "TEMPORARY STA YOF.FORECLOSGRE' YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TLVE 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 SH'ERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can stilt apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/13 through 1.1/01/1.3 2 @$1,935.87/montb 2 @$68.77/1ate charge/month $4,009.28 12/01/13 through 12/01/13 I @$1,959.31/month I @$68.77/late chargelmonth $2,028.08 Other charges(explain/itemize): TOTAL AMOUNT PAST DUE: $6,037.36 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 $6,037.36, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURI_NG THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made oayable and CITIPAAc-'TQ1 Page 3 of 2279871378 sent to: 'CitiMortgage,Inc. P.O..BOX 183040 Columbus,OH 43218-3040 'IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its 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 lender begins legal proceedings against you, you will stili 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 -ndthin the THIRTY(30)DAY period,you will not he required to pay attornev'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 TKE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY (30) DAY.period and foreclosure proceedings have begun, .you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and byperformingany 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 of Lender: CitiMortgage,Inc. Address: Homeownership Support Team 1000 Technology Drive,Mail Station 420 O'Fallon, MO 63368 Phone Number: 855-843-2549 ext 0365065 Monday through Thursday 7:00 a.m.-8:00 p.m. CT, Friday 7:00 a.m.-5:30 p.m. CT,Saturday 7:00 a.m.-4:00 p.m. CT Fax Number: 1-866-940-81.25 Contact Person: ROBERT SCHULTZ E-Mail Address: ROBERT.C.SCHULTZ@CITT.COM CITIPAACT91 Page 4 of 2279871378 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may not sell or transfer your home to a buyer or transferee who will assu=me 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 the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS rF NO DEFAULT HAD OCCURRED, IF YOU CURE TINE 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 TI{.E 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. CONSU,M'ER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST This is an attempt to collect a debt and any information obtained will be used for that purpose. LEE C1TIPAACT91 Page 5 of'7 2279871378 HETMAP Consumer Credit Counseling Agencies . CUMBERLAND County Report last updated:10/1 6 2013 10:43 AM Advantage Credit Counseling Serrice!CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisbure,PA 17104 888-511-2227 71.7-232-9757 � 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 Harrisbure,PA 17102 Chambersburg,PA.17201, 717-234-6616 717-264-59.13 PA interfaith Community Programs.Inc P.H.FA 40 E High Street 21 t North Front Street Gettysburg,PA 17325 Ha risburg,.PA 1.7110 71.7-334-1518 71.7-790-3940.. .8(10-342-2397 HC Page 7 of7 2279871378 CitiModgage,Inc. PRESORT PO Box 9090 Temecula,CA 92589-9090 First-class Mail U.S.Postage and Fees Paid WSO 2279871379 Send Payment to: CitiMortgage,Inc. PO Box 689196 Des Moines,IA 50368-9196 Send Correspondence to: 201312,,10-168 CitiMaigage,Inc. L11-11-1161-I1'11I111111111111111,11dII1111111111.11111 6400Las ColinTX 750asBlvd. WENDY K WATERMAN Irving, 75039 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CITIPAACT91 Date: 12/30/2013 WENDY K WATERMAN 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 RE: Property Address: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CitiMortgage Loan#: ACT 91 NOTICE TAS ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET NVITH A CONSUMER CREDIT COUNSELING AGENCY NVITHIN 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 any questions, oy u may call the Pennsylvania Housing 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 NOTIFICACI6N EN ADJUNTO ES DE SUM.A IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENIDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA CITIPAACM Page l of 2279671379 HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLANIADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RE:DIMiR SU HIPOTECA. HOMEOWNER'S NAME(S): WENDY K WATERMAN .TAMES MICHAEL WATERMAN - ' JAMES M WATERMAN PROPERTY ADDRESS: 2162 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 LOAN ACCT.NO.: ORIGINAL LENDER: Citbank,N.A. CURRENT LENDEWSERViCER: CitiMortgage, Inc. HOMEONVNER'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 REQUIREIKENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of. foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling 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 RIORTGAGE 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. CITIMACT91 Page 2of7 2279871379 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 ding 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. IOU SHOULD FILE A IIEMAP APPLICATIONAS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHLY 33 DAYS OF THE POSTitifARB DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHF.4 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". . . 17OU 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 AN1' TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE KILL 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 Pennsyh-ania housing Finance Agency of its decision on your application. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS'FOR INFOR.MATI:ON PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Brine it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 2162 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 'IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/13 through 1.1/01/1.3 2 Ti"x)$1,935.87/month 2 @$68.77/1ate charge/month $4,009.28 12/01/13 through 12/01/13 1 @$1,959.31/month 1 @$68.77/late charge/month $2,028.08 Other charges(explain/itemize): TOTAL AMOUNT PAST DUE: $6,037.36 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, 'WFUCH 1S $6,037.36, 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 t�•� C'1TIMACM Pap 3 of 2279871379 sent to: CitiMortgage,Inc. P.O.BOX 183040 Columbus,Oli 43218-3040 IF YOU DO NOT CURE THE DEFAULT--.If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its 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 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 he required to pav 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 curd 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 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 mill restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSI19LE 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 Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage,Inc. Address: Homeownership Support Team 1000 Technology Drive,Mail Station 420 O'Fallon, MO 63368 Phone Number: 855-843-2549 ext 0365065 Monday through Thursday 7:00 a.m.-8:00 p.m. CT.Friday 7:00 a.m.-5:30 p.m.CT,Saturday 7:00 a.m.-4:00 p.m, CT Fax Number: 1-866-940-8125 Contact Person: ROBERT SCI:PJLTZ E-;MA Address: ROBERT.C.SCHULTZ@CITT.COM CITMPAACT91 Pap 4of7 22279871379 EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE" -- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorncs fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT IIAVE 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 LAW SUIT.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. CONSUIVLER CREDIT COUNSELING AGENCIES SERVLNG YOUR COUNTY CAN BE'LOCATED ON THE ATTACHED LIST _ This is an attempt to collect a debt and any information obtained will be used for that purpose. CtTIPAACT91 Pate 5 of 2279871379 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:10/1612013.10:43 AM t n Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1.514 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 1.7268 717-855.2752 717-762.3285 PathStone Corporation PathStone Corporation 1625 North.Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 1.7201. 717-234-66.16 717-264-59.13 PA Interfaith Community Programs Inc PI1FA 40 E High Street 21 I.North Front Street Gettysburg,PA 17325 Harrisburg,.PA .1.71.10 717-334-1518 717-780-3940 8(10-342-2397 HC Page 7 of7 2279871379 CitiMortgage,Inc. I PRESORT PO Box 9090 First-Class Mail Temecula,CA 92589-9090 U.SFPostage and W SO 2279871380 Send Payment to: CitiMortgage,Inc. PO Box 689196 Des Moines,IA 50366-9196 20131230-168 Send Correspondence to: CitiMortgage,Inc. II'iil'I��'11""III III III'11- 1,1-Ih-111111'111,11111111.111111 64001 as Colinas Blvd. Irving,TX 75039 JAMES MICHAEL WATERMAN 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CITIPAACT91 Date: 12/30/2013 JAMES MICHAEL WATERMAN 2162 MERRIMAC AVE MECHANICSBURG,PA 17055-5797 RE: Property Address: 2162 MERRIMAC AVE MECHANICSBURG, PA 17055-5797 CitiMortgage Loan#: ACT 91. NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortizage on your home is .in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEl1IAP can help, you must MEET VVITH 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 serying your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing 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 ..IMPORTANCIA, PEES AFECTA SU D:ERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMIANDO ESTA AGENCIA (PENNSYLVANIA C1TIPAAMI Page L of 2279871380 HOUSING FINANCE AGENCY) Slit CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLANIADO "HOMEOWNER'S .EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DE:RECHO A RED.IMIR SU RIPOTECA. HOMEOWNER'S NAME(S): JAMES MICHAEL WATERMAN JAMES M WATERMAN WENDY K WATERMAN PROPERTY ADDRESS: 2162 MERRIMAC AVE MECI• ,kNICSBURG,PA 17055-5797 LOAN ACCT.NO.: ORIGINAL LENDER: Citbank,N.A. 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 1953 (THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE .PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three(3) days for mailing). During that time you. must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR.MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty(30) days after the date of this meeting. The names addresses and.telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE—Your mortgage is in default for the reasons set forth later in this Notice (see following pages .for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. CITIMACT91 Pagc 2of7 2279871380 z sent to: CitiMortgage,Inc. P:O..BOX 183040 Columbus,Oil 43218-3040 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its 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 1'S FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 'If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, .if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES —The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE— if you have not caned the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE:DATE—It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage,Inc. Address: ffomeownership Support Team 1000 Technology Drive,Mail Station 420 O'Fallon, MO 63368 Phone Number: 855-843-2549 ext 0365065 Monday through Thursday 7:00 a.m.-8:00 p.m. CT. Friday 7:00 a.m.-5:30 p.m. CT, Saturday 7:00 a.m.-4:00 p.m. CT Fax Number: 1-866-940-8125 Contact Person: ROBERT SCHULTZ E-;Mail Address: ROBERT.C.SCHULTZCCITi.COM CITIPAACT91 Pagc 4of7 7196 9906 9297 1436 2627 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 HEM.9P APPLICATIONAS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY IVITHLrV 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PIIFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAPIEED ABOVE, IN.THE SECTION'CALLED"TEMPORARY STAT'OF.FORECLOSURE' YOU HAVE THE RIGHT TO FILE A HE MAP APPLICATION EVEN BEYOND THESE TjjWE. PERIODS. A LATE APPLICATION WILLNOT PREVENT THE LENDER.FROM STARTING A FORECLOSURE ACT101V, BUT IF YOUR APPLICATION IS.EVENTUALL Y 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. 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 TRE DEBT. (If 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 DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 2162 MERRIMAC AVE. MEC:HANICSBURG, PA 17055-5797 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/13 through 1.1/01/13 2 @$1,935.87/month 2 @$68.77/late charge/month $4,009.28 12/01/13 through 12/01/13 1 @$1,959.3I/month 1 Tai$68.77/late charge/month $2,028.08 Other charges(explainhiemize): TOTAL AMOUNT PAST DUE: $6,037.36 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 1S $6,037.36, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Patiments must be made either by cash, cashier's check, certified check or money order made oayable and CITIPAACT91 Page 3 of 2279671380 0 _ sent to: CitiMortgage,Inc. P.O.BOX 183040 Columbus,Oli 43218-3040 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its righfs 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, 1F THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually inetuTed, 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 site 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, )Lou still have the right to cure the default and prevent the sale at any time un to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attornev'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 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 anytime exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: Homeownership Support Team 1000 Technology Drive,Mail Station 420 O'Fallon, MO 63368 Phone Number: 855-843-2549 ext 0365065 Monday through Thursday 7:00 a.m.-8:00 p.m. CT,Friday 7:00 a.m.-5:30 p.m.CT,Saturday 7:00 a.m.-4:00 p.m. CT Fax Number: 1-866-940-8125 Contact Person: ROBERT SCHULTZ E-Mail Address: ROBERT.C.SCHULTZ@CITI.COM CITIPAACT91 Page 4of7 2279871380 Ef.FECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU 1!•I.AY 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. (I-IOW.EVER, YOU DO NOT ITAVE 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. CONSU'NIER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST This is an attempt to collect a debt and any information obtained%,Ml be used for that purpose. CITIPAACT91 Page 5of7 2279871380 HEMAP Consumer Credit Counseling Agencies . CUMBERLAND County Report lust updated:10/I6/'2013.10:43 AM AdTantage Credit.Counseling SerAce1CCCS 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 1.7268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg.PA.1.7201. 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 1.71.1.0 71.7-334-1518 71.7-780-3940....800-342'397 HC Page 7 of 2279871380 VERIFICATION hereby states that he/she is employed as Vice President — Document Control of CitiMortgage, Inc., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFI NT: By Print: 1 l Title: Vice-President-Document Control Employed by CitiMortgage, Inc. i Plaintiff: i Date: :7 PZ FILE#: 14-0785 NAME: WATERMAN,JAMES M. &WENDY K. pio f - POWERS,KIRN&ASSOCIATES,LLC �J Q f�' A/ JO SS Jill Manuel-Coughlin, Esquire Id.No. 63252 �'e d/ S�;f t� coli/V y Jolanta Pekalska,Esquire Id.No. 307968 t VA��f{� � Harry B. Reese,Esquire Id.No. 310501 Daniel C. Fanaselle,Esquire Id.No. 312292 Matthew J. McDonnell,Esquire Id.No. 313549 1310 Industrial Boulevard, Suite 202 Southampton,PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY ' L VS. NO. I —1 '��" ' tut JAMES MICHAEL WATERMAN COMPLAINT IN A/K/A JAMES M. WATERMAN MORTGAGE FORECLOSURE WENDY K. WATERMAN 2162 MERRIMAC AVENUE MECHANICSBURG,PA 17055 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 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. ti If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. Date Respectfully submitted, ❑ Jill Manuel-Coughlin,Esquire Id.No. 63252 ❑ Jolanta Pekalska,Esquire Id.No. 307968 ❑ Harry B. Reese, Esquire Id.No. 310501 Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Matthew J. McDonnell,Esquire Id. No. 313549 Attorneys for Plaintiff J t Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale?Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address(if different) City State: Zip: Phone Numbers:Home: Office: Cell: Other: Email: Number of people in household How long: CO-BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: b Is the loan in Bankruptcy?Yes ❑ No❑ If yes provide names, location of court,case number&attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile#1: Model Year: Amount owed: $ Value: Automobile#2: Model Year: Amount owed $ Value: Other transportation(automobiles boats motorcycles Model)Model: Year: Amount owed$: Value: $ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description(not wages): 1. monthly amount$ 2. monthly amount$ Borrower Pay Days: Co-Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh.Fees $ Auto Insurance $ Med not covered $ Auto fuel/repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day/Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance Yes ❑ No ❑ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes 0 No 0 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 Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date G Please forward this document along with the following information to lender and Jill Manuel-Coughlin,Esquire,lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed,we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Jill Manuel-Coughlin,Esquire 1310 Industrial Boulevard 2°d Floor, Suite 202 Southampton,PA 18966 (tel)215-942-2090 (fax)215-942-8661 Attention:Panjola Alikaj Panj ola.alikaj P_pkjllc.com (tel)215-942-2090 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,J ur' I'( H [.�~ I.E, '�'f'OiHONSTh LII If]!oCor4A^ 20111 AUG 19 MM !U: 20 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF THE sksr,IFF Citimortgage Inc vs. James Michael Waterman (et al.) Case Number 2014-4591 SHERIFF'S RETURN OF SERVICE 08/12/2014 07:56 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 Michael Waterman at 2162 Merrimac Avenue, Upper Allen, Mechanicsburg, PA 17055. 08/12/2014 07:56 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 handing a true copy to a person representing themselves to be James Waterman, husband, who accepted as "Adult Person in Charge" for Wendy K Waterman at 2162 Merrimac Avenue, Upper Allen, Mechanicsburg, PA 17055. DENNIS FRY, DE UTY SHERIFF COST: $55.30 SO ANSWERS, August 14, 2014 RONR-R ANDERSON, SHERIFF tc) CountySu to Sheriff, Teleosoft, Inc.