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HomeMy WebLinkAbout14-5663 K, Q Supreme Court of Pennsylvania Court-of►Common Pleas For Prothonotary Use Only: �I CiVHT6vef". t . • tea„ . tR Docket No: L �i CUMBERLAND County The information collected on this form is used soler-for court administration purposes. This fibrin does not supplement or replace theffling and service ofpleadings or other papers as required hJ-law or rules of court. Commencement of Action: S 'X Complaint D Writ of Summons D Petition Transfer from Another Jurisdiction I—_ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: CITIMORTGAGE, INC. DARRELL F. SUNDAY T Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? D Yes [E No (check one) outside arbitration limits O N Is this a Class Action Suit? D Yes No Is this an MDJAppeal? D Yes El No A Name of Plaintiff/Appellant's Attorney: POWERS, KIRN &ASSOCIATES, LLC. D Check here if you have no attorney(are a Self-Represented (Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional D Buyer Plaintiff Administrative Agencies El Malicious Prosecution D Debt Collection: Credit Card D Board of Assessment F' Motor Vehicle D Debt Collection: Other D Board of Elections Mj Nuisance D Dept.of Transportation S Premises Liability D Statutory Appeal:Other Product Liability(does not include D Employment Dispute: E mass tort) n Slander/Libel/Defamation Discrimination C G Other: Employment Dispute:Other D Zoning Board T, D Other: I D Other: O MASS TORT D Asbestos N M Tobacco ] Toxic Tort-DES D Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste El Ejectment E] Common Law/Statutory Arbitration B Other: D Eminent Domain/Condemnation I❑ Declaratory Judgment D Ground Rent D Mandamus D Landlord/Tenant Dispute D Non-Domestic Relations Ix Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY D Mortgage Foreclosure:Commercial 1 ' Quo Warranto D Dental i Partition D Replevin D Legal D Quiet Title D Other: D Medical D Other: D Other Professional: Updated 1/1/2011 T POWERS, KIRK &ASSOCIATES, LLC Jill Manuel-Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id.No. 307968 Harry ,B. ReeseEsquire Id. No. 310501 q Daniel C. Fanaselle,Esquire Id.No. 312292 Matthew J. McDonnell,Esquire Id.No. 313549 g Y p trl ^ z � Eight Neshamin Inter lex J� `, �n� y' �L�i�F( ND CV 1. 7 Suite 215 o Y ,f �1„) Trevose, PA 19053 L�'� (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. DARRELL F. SUNDAY COMPLAINT IN LINDA M. SUNDAY MORTGAGE FORECLOSURE 142 HORNERS ROAD A/K/A 142 HORNER ROAD CARLISLE, PA 17013 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 �aj Carlisle,PA 17013 717-249-3166 800-990-9108 f .75 j �, a A IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)DO SO IN WRITING WITHIN THIRTY (30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S)WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20)DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE,NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY(30)DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30)DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. ' POWERS,KIRK &ASSOCIATES,LLC Jill Manuel-Coughlin,Esquire Id.No. 63252 Jolanta Pekalska,Esquire Id.No. 307968 Harry B. Reese,Esquire Id.No. 310501 Daniel C. Fanaselle,Esquire Id.No. 312292 Matthew J. McDonnell,Esquire Id.No. 313549 Eight Neshaminy Interplex Suite 215 Trevose,PA 19053 (215) 942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE CIVIL DIVISION O'FALLON,MO 63368 PLAINTIFF CUMBERLAND COUNTY NO. VS. DARRELL F. SUNDAY COMPLAINT IN LINDA M. SUNDAY MORTGAGE FORECLOSURE 142 HORNERS ROAD A/K/A 142 HORNER ROAD CARLISLE, PA 17013 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. Darrell F. Sunday and Linda M. Sunday(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 January 28, 2005, was recorded on February 16, 2005 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1897, Page 1496. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on February 16, 2005in the Office of Recorder of Deeds in Cumberland County in Book 715,Page 1233.A copy of the Mortgage and Assignment of Mortgage is attached and made a part hereof as Exhibits `A' and `B'. 4. The Mortgagesecures the indebtedness of a Note executed by the Defendants on January 28, 2005 in the original principal amount of$120,000.00,which is payable to Plaintiff in monthly installments with an interest rate of 5.250%. A copy of the Note is attached and made a part hereof as Exhibit `C'. 5. The land subject to the mortgage is 142 Homers Road a/k/a 142 Horner Road, Carlisle, PA 17013. 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 142 Homers Road a/k/a 142 Horner Road, Carlisle, PA 17013. 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 $57,442.33 Interest to 10/09/2014 $1,573.96 Accumulated Late Charges $96.46 Reconveyance $12.00 Release Fee $67.50 TOTAL $59,192.25 plus interest from 10/10/2014 at $8.2623 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. 11. 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. 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$59,192.25,together with interest, costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. POWERS, KIRK &ASSOCIATES, LLC c BY: //A / ell' ❑ Ji 'Manuel-Coughli , Esquire Id.No. 63252 ❑ olanta 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. 31.3549 Attorneys for Plaintiff y � � II 1 i i (I i k i i I E I l i r i f t f k i I i !i i i 1 ; EXHIBIT "A" I i i r E k- i i f i K I i ROBERT F. ZIEGLER RECORDER OF DEEDS 1 rU"PER;AHD OCGNTY-rA AFTER RECORDING RETURN To: NOS FEB 16 AfI 9 02 CCO RCE BANK/BARR1SS Rr3, I 4 LEi!SOYNE DRIVE, SUITE I 100 LSIlfOYNE, PA 17043 }} ASTNt POST CLOSING I PRONBt PRSPARZ5 BYt MARCY CRANDY r COM MCE DANK/KARRISBVRt3, !� N.A. ! 100 SENATE AVENUE j CAMP HILL, PA 17011 Space Above This Line For Recording Data MORTGAGE j atnror�• LOAN CA53 DEFINITIONS vtx! »-Oa-0873-tea l ! Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrurnent"means this document.which is dated JANUARY 28, 1003 together with all Riders to this document. (B)"Borrower"is DARRELL F. SUNDAY AND LINDA M. SUNDAY, JOINT TENANCY �I Borrower is the mortgagor under this Security Instrument. L (C)"Lender"is COtQ=CB DANK/HARRISBURG, N.A. l { Lender is a NATIONAL ASSOCIATION organized and existing under the laws ! of P8NNSYLVANXA . Lender's address is 100 SENATE AVENUE, CA30 i HIM, PA 17011 Lender its the mortgagee undo this Security Instrument. i (D)"Note"means the promissory note signed by Borrower and dated JANUARY 28, 2005 Tho I Note states that Borrower owes Lender ONE HUNDRED TWENTX THOUSAND AND 00/100 Dollars(U.S.S 120,000.00 )plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than i (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F)"Loan"means the debt evidenced by the Note,plus interest.any prepayment charges and late chases due , under the Note,and all stens due under this Security instrument,plus interest. PENNSYLVANIA-Sulu Family--Fanate aiadFr ildiodNae UNIFORM INSTRUMENT Farm 30791/01 '• noGUtlAI (Pogo 1 of 14 Paget) j a0le PAL.0li I I BKI897PG1496 I r• } 1 t I ' I : r (G)"Riders"means all Riders to this Security instrument thaA are executed by Borrower.The following Riders are to be executed by Borrower(check box as applicablej: Adjustable Rate RidergCondominium Rider ❑Second Home Rider Balloon Rider u Planned Unit Development Rider ❑Biweekly Payment Rider 14 Family Rider ❑Other(s)[specify] (H)"Applicable thaw"means all controlling applicable federal,state and local statutes,regulations,ordinances ' and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association l or similar organization. V)"Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check. 4 draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, it 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-or-sale transfers,automated teller machine transactions, transfers initiated by telephone,wire transfers,and autornated clearinghouse transfers. (K)"Escrow Items"means those items that are described in Section 3. (L)"Mlsceilaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third patty(other than insurance proceeds paid under the coverages described in Section 5)for:(i)damage I to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property;(iii) I conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, rite value. and/or � condition of the Property. (M)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan (N)"Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the i Rote,plus(ii)any amounts tinder Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,Regulation X(24 C.F.R.Part 3500),as they might be amended from time to time,or r any additional or successor legislation or regulation that govcros the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed in regard to a "federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. i (P)"Successor In Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY i This Security Instrument secures to Leader.(ti)the repayment of the Loan, and all renewals, extensions and modifications of the Note;and(it)the performance of Borrower's covenants and agreements under this Security i Instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convey to Lender the I following described property located in the COUNTY (Type of Recording Jurisdiction) 'Of CUM88RLAND (Name of Recording Jurisdiction): I ALL T1iAT CERTAIN TRACT OF LAND AND IMPROVEM MS SITUATE IN '. MIDDLESEX TOIKMP, CUMBERLAND COMM, I?MMSYLVANIA, MORE i pARTICULARLY SOUNDED AND DESCRIBED IN EXHIBIT • " ATTACHED HERETO. j i PENNSYLVANIA—S10619 Fondly—Finale MadFreddte Mae UNWORM INSMURIENT Form 30391/01 1 aOCUrPAr r a meet (Php 1 oj14 pergr4 mcona.vrs t i i l I BK 1697PG 1497 11 I l i which has the address of, 142 HORNIER ROAD [Street] CARUSLE .Pennsylvania 17013. ("Property Address"); [City] [Zip t.odel TOGETHER WITH all the improvements now or hereafter erected on the property,and all cascaxnts, i appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be i covered by this Security Instrument. Ali of the foregoing is referred to in this Security Instrument.as the .Property., BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed sad has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for t encumbrances of record.Borrower warrants and will defend generally the title to the Property against all claims 1 and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. t UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows.- 1. ollows:t. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt ctlldcneed by the Note and any prepayment charges and late charges due under the Note.Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency: However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Nota and ibis Security Instrument be made in one or more of the following forms,as selected by Lender, (a) cash; (b) money order; (e) certified check, bank check, treasurer's check or cashier's check, provided any such check.is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the dote or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in If the future,but Leader 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. i Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower f t does not do so within a reasonable period of time, Leader shall either apply such fiurds or retu, them to i Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application.of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note;(b)principal due under the Note;(c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security instrument,and then to reduce Clio principal balance of the Note. t 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 I late charge.if more than one Periodic Payment is outstanding.Lender may apply any payment received from 1 PENNSYLVANIA—Single Form'ly—Fanalo 102dFreddle Mae UNIFORM INSTR1)MF.NT Form 30341101 ({ aoCnlrA1 (P09C 3 ala Page) I oeeoseu.vn of/out000 i 4 i... 8K1 $97P6 98 I . I • I • t III i I Borrower to the repayment of the Periodic Payments if,and to tho vaunt uray cacn payment can be paid in full. , To the extent that any excess exists atter the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance prucceds,or Miscellaneous Proceeds to principal due under I the Note Shull not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Finds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments ere due under the Note,until the Note is paid in full,a sum(the"Funds'l 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 oa the Property,if any;(c)premiums for any and all insurance required by Leader under Section S;and(d)Mortgage Insurance premiums,Warty,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance { with the provisions of Section 10.These items are called"Escrow items."Al origination or at any time during ' the term.of the Loan,Lender may require that Community Association Dues,Fees,and Assessments,if any,be escrowed by Borrower,and such dais,fees and assessments shall be an Escrow.Item.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow hems at any clan.Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly, when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,it ' 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 1 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 amaunt due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shalt then be obligated under Section 9 to repay to Lender any such amount. bender 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 I amounts,that are then required under this Section 3. s f Lender may,at any titm,collect and hold Funds in an amount(a)sufficient to permit Lender to apply = i the Funds at the time specified under RESPA,and(b)not to exceed the maximwn amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable i s estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender,If Lender Is an institution whose deposits are so insured)or in any { Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually onaly2ing the escrow account, or verifying the Escrow iters, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or t Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any E interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest shalt be paid on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to 1 Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender i 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 1 deficiency in accordance with RESPA,but In no more lban 12 monthly payments. PEMSYLVARL44ingle Farsily—Feante Madheddle Mae UNIFORM VISTrtUMENT Forerr3039 tlal DaIUIPM (Page I of 14 pager) aowt►aevrs a>,/ogaoof I t S SKI 897PG1499 { i { Upon payment In full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments; charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rem on the Property,if any,and Community Association Dues,Fees,and Assessmeats,if any.To the extent that these items are Escrow Items,Borrower shall pay tbcm in the manner provided in Section 3, Borrowershall 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 Leader,but only so long as Borrower is perforating such agreement;(b)contests ire 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 ate concluded;or (c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice Identifying the lien.within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for areal estate tax verification and/or I 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 fre,hazards included within the term"extended coverage;'and any other i hazards including, but not limited to, earthquakes and floods, Cor which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible lovels) and for the periods that Lender requires, What Leader requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require Borrower to pay.in connection with this loan,either.(a)a one-time charge for flood zone determination,certification and tracking services; or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur.which reasonably night affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage,at 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 protea 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 j have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security instrument.7Uese 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 politics shall be subject to Lender's right to disapprove such policies,shall Include a standard mortgage clause,and shall as=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 notkes.If , Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or t destruction of,the Property,such policy shall include a standard mortgtige clause and shall name lender as t mortgagee and/or as an additional loss payee. I In the event of toss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender i may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree in PENNSYLVANIA—Singta Foraily--Fannle MadFreddle Stae UNtFUHM INSTRUMENT Form 30091!01 jl DOMPAs (Page S gfl4 pager) oowtsu.vra at/amass t BK 1897PG 1500 i I writing, any insuraace 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 hoid such insurance proceeds until Lender has bad an opportunity to inspect such Property to ensure the work has been r completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or In a.series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law.requtros interest to be paid on such Insurance proceeds, Lender shall not he-required to pay Borrower any.interest or earnings on such proceeds.-Fees for public adjusters, or other third parses,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 I 1 feasible gr Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any;paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. () If Borrower abandons the Property,Leader 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.Ile 3Nday period will begin when the notice Is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not i to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies l covering the Property,insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid ender the Noteor this Security instrument,whether or not then due. 6..Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless. extenuating circumstances exist which are beyond Borrower'seomrol ` 7. Preservation,Maintenance and Protection of the Property; Inspections.Borrower shall not I# destroy,damage or impair the Property,allow.the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent ! the Property from deteriorating or decreasing in value due to its condition.Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid Rather 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 4 relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may Inspect the interior of the improvements on the Property. Lender shall give I Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, l 8.Borrower's Loan Application.Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or t 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 r are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence.protection of Lender's Interest In the Property and Rights Under this Security Instrument.if (a)Borrower fails to perform the eovenems 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 i PENNSYLVANIA—Single Fondly—Fsnate ModFreddre Mae UNIFORM INMTJMENT Form 30391/01 cm IPas !Page 6 of 14 pager,) meorrie.vea osrousoes BK1097PG1501 i Security instrument (such as a proceeding in bankruptcy, pronate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or(c)Borrower has abandoned the Property, then lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and.rights under this Security Instrument including ' P and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include,but are pat limited to:(a)paying any sums secured by n lien which has priority over this Security Instrummt;(b)appearing in court;and(c)paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its.secured position in a bankruptcy proceeding.Securing the 7`0 Miudcs,but is not limited to,cataritng the Property to make repairs,charngc ocksrlace orboard and windows, drain water from pipes, eliminate buiid[ng or.other codelations ordangttnuse ,and have utilities fumed on or off.Although Lender may take action underSetion9Lenderdoetosoandis not uder nary ligation to do so.It is agreed that Lender incurs nes Iibilinkittg rosy Man actions authorized under this Section 9. I Any amounts disbursed by Lender under than Section 9 shall become additional debt of Borrower I secured by this Security lnstrutacnL These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to,Borrower requesting payment. If this Security Instrument is on a Ieasehold, Borrower shalt comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or camccl the ground lease_ Borrower shall not,without the express written consent of Lender,alter or amend the ground lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. i 10.Mortgage Insurance.If Lender required Mortgage Insurance as a condition of snaking the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any season,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that i 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 etfeCt,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 i 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 ratsm tese hpayments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-re le,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings an such loss reserve.lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the 1 premiums required to maintain Mortgage Insurance in affect,or to provide a non-refundable loss reserve,until Leader's requirement far Mortgage insurance ends in accordance with any written agreement between E Borrower and Lender providing for such termination or until termination is required by Applicable Law. !; Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided In the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may , Incur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage insurance. ' Mortgage insurers evaluate theft total risk on all such insurance in force Tram time to time,and may enter into agreements with other parties that share or modify their risk,at reduce losses.These agreements are on terms and Conditions that are satisfactory td the mortgage insurer and the other parry(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 t premiums). I PENNSYt.VAN1A—Sing1e Fandir--Fantle btadFrWilk telae tWIFORM INSTRUMENT Form 30391101 O=IVA7 (Page 7 of If pages) oa�aseas.vn es�eaeeea i ! i 1 SK 1897PG 1502 ,.. i As a result of these agreensents,Lender,any purchaser of tits Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from,(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,In exchange far sharing or modifying the mortgage insurtr's risk,or reducing losses.If such agreement provides that an affiliate I of Lender takes a share of the insuret's risk in exchange for a share of the premiums paid to the insurer,the ! arrangement is often termed"captive reinsurance,"Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b)Any such.agreements will not affect the rights Borrower has—if any—with respect to the Mortgage Insurance under the Homeowners Protection Act of 1999 or any other law.These rights may ' Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated autornalleatly,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 111.Assignment of Miscellaneous Proceeds; Forfeiture,All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. . If the Property is.damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has bad 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 prtigtess payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not econoadcally feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Insttament, whether or not then due,with the excess. If any, paid to 1 t Borrower.Such Miscellaneous proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the same secured by this Security Instrument,whether or not then due,with the excess, if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property In which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the partial taking,destruction.or loss in value divided by(h)the fair market value of the Property immediately before the partial taking,destruction,or foss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due. t 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 t respond to Lender within 30 days after the date the nodce is given.Lender is authorixod 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 Parry"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds, l MNSYt.VAN1A—S'male Family—Fennte MadFreddte Mae UMFORM V4TRUMENT Form 3039110! ! ,t 000UIPA1 (Pagad Of 14 pOget) i e0C4391a.Vla O1/O1/7001 i all 1897PG 1503 oni i i Borrower shall be in default if any action or promuing,whether civil or criminal,is begun that,its 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 arc attributable.to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lander: All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12.Borrower Not Released; Forbearance By Lender Not a Wolves Extension of the time for payment or modification of amortization of the suras secured by this Security Instrument granted by.Lender.to f 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 coinsmnce proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the surds secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a walvcr of or preclude the exercise of any right or remedy. 1.3.Joint and Several Liability;Coopers;Successors and Assigns Bound.Borrower covenants I 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 suras secured by this Security last ument;and (e)agrees that Lender and artyocher 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 consenL ' Subject to the provisions of Section 18, any Successor in Interest of Barrower.who assumes Borrower's obligations under this Security Instrument in writing,and Is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of protecting Lendcr's interest in the Property and rights under this Security ! Instrument,including,but not limited to,aaomeys' 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 low is finally interpreted so f that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any suns already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Leader may choose to make this refund by reducing the principal owed tinder the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under i the Note).Borrower's acceptance of any such refund mado by direct payment to Borrower will constitute a ! waiver of any right of action Borrower might have arising out of such overcharge. i { PLNNSYLVANIA--Si4c FaM1Y—Faimte MadFreddie Mac UNIFORM INSTRUMRNT Farm 3039 flat DaCUIPN (Papa 9Of"Pagrs) oxv»a►.va o►/euaeoe i r BK {.g 9 7 PG.1504.1 , f . i 1 15.Notices.All notices given by Borrower or Lender u.connection with this Security instrument must be in writing.Any notice to Borrower to 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 I expressly requires otherwise.The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address,then Harrower shall only report a change of address through that specified procedure.There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lenders 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; Severablilty; 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, t 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 i 17.Borrower's Copy.Borrower shall to given one copy of the Note and of thio Security instrument. I+ IL 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 Borrnwer 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 i 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 oil sums secured by this Security Instrument. _ However,this option shall not be exercised by Lender if such exercise is prohibited by Applieable 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 j which Borrower trust pay all sums secured by this Security Instrument.If Borrower fails to pay these sums f prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ' 19, Borrower's Right to Reinstate After Acceleration. If Borrower meet$ certain conditions, II Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or(c)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower: (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no s 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 Lenders interest in the !I Property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require PENNSYLVANIA-Single AmlW—FanMe MaefFreddie Mae U111FORM INSTRUMF," Form 3039 t/til ODWIPAte (Page to Af ft poser) I eoevsaaa.vea euet�aeo� 1 i SK 1897PG 1505. I i I� I E` i to assure that Lender's interest in the Property and rights under this Security Instrument, rind Borrower's i 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, treasure's cheek or casbie's check, provided any such check.is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d) Electronic Funds Transfer.Upon reinstatemam by Borrower, this Security l Instrument and 'obligations secured hereby shall remain fully efihctive 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 Mote;Change of Loan Servicer,Notice of Grievance..The Note or a partial interest in the Note (together with this Security instrument) can be sold one of more times without prior notice to Borrower.A sale might result in a change in the entity(kmown as the"Loan Sorvice'7 that collects Periodic Payments due under the Note and this Security instrument and petforms other mortgage loan servicing obligations under the Note,this Security instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.if then:is a change of the Loan Servicei,Borrower f` will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing-If the Now is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security instrument or that alleges that the other party has breached any provision of,or any duty owed by reason 4 this Security instnunent,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable i for purposes of this paragraph..The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisf/ 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" oto those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:gasoline, kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection;(c)"Environmental Cleanup"includes any response action. remedial action,or removal action,as defrred 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 Substancm or threaten to release any Hazardous Substances,on or in the Property.Borrower shalt not do.nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law, (b)which creates an Environmental Condition.,or(c)which,due to the presence,use,or release of a Hazardous t 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 j are generally recognized to be appropriate to normal residential uses and to maintenance of the Property iI (including.but not limited to.hazardous substances in consumer products). Borrower shell promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition. including but not limited to,any spilling, leaking, discharge,release or threat of release of any $ PENNSYLVANIA-Single Faaoly-Fan*r4a#Fredd1*Ma9 UNIFORM tNSCRUMFn Form 3039 flbt { 00Ol19Atr (Pop II am pasts) � Dompha.V'ri O1/Ot/!00! i 1 BKI897PG1506 _ r fE i I I Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all accessary remedial actions in accordance with P.nArrill tel Lew.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. t 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 tate default;(c)when the default must.be curedl and(d)that failure to cure the default as specified may result in acceleratlon of the sums secured by this Security Instrument,foreclosure by Judicial proceeding and.sale of the Property. Lender shall further Inforta Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If.the default is not cured as specified, Lender at Its option may require Immediate payment.In full of all sums secured by this Security Instrument without further demand and may foreclose ibis Security Instrument by judicial proceeding.Leader shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,Including,but not Ilmited to,attorneys' j fees and costs of title evidence to the extent permitted by Applicable Law. . I 23.Release.Upon payment of all suras secured by this Security instrument,this Security Instmnent 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 86rrower a fee I for releasing this Security Instrument,but only if the fee Is paid to a third party for services rendered and The i charging of the fee is permitted under Applicable Law. 24.Waivers.Borrower,to the extort permitted by Applicable IAw,waives and releases any error or f 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 t homestead exemption. + 25.Reinstatement Period.Borrower's Itme to reinstate provided in Section 19 shall extend to one hour prior to the commencement ofbidding at a sheril a sale or other sale pursuant to this Security instrument. I ! 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to j Borrower to acquire title to the Property,this Security instrument shall be a purchase money mortgage. j 27.Interest Rate After Judgment.Borrower agrees that the interest rate payable ager 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 r Note. t PENNSYLVANIA-Side Pamay--Manure MadRreddle Mae UNIFORM INSTRUMENT Farm 30391131 1 nocvirAn (Page 12 e14 poses) I OOCC197te.Vr= O3/Oe/700! i BK 1897PG 1507 ' I . ry i ( f BY SIGNING BOLOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and jaAay.41der executed by Borrower and recorded with it f•Z8.OS I 80RROMIR F. SUNDAY - DAT13 f •t Q$ OJT i. I • BO3=WZR - L3:nWA W. SUNDAY - A S r ( _ _ . 1 I a i ( . ! I 1 I 1 PENN$YLVANIA-Stngie Fondly.-FJanie MadFreddle Mae UNIFORM INSTRUMENT Fbrm 30391101 eoeurrA=J (Page 13 of 14 pages) OOea3►►a.VK 61/Of/J00! . i . i 8K 4 897PG 1508 f f i f i r • i i i I i (Space Below This Line For Acknowiedgmentl Commonweal of Pennsylvania, County of 'ID u th On this,the Ery of nt,far`/ Zbefore me, I' aeared q, , the undersigned officer, personally pp1�..�'rYe� '- ate "Ikea i U nda rn. & Ulan known tome(or satisfactorily proven)to be the person(s)whose name subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained. In witness whereof,I hereunto set my hand and official sea l NOTARIAL SEAL I • Carne E.Cook,Notary Public City of Harrisburg,Dauphin County My Colnmlasion Explme Aug.8,8008 7 I Title of Oftker ! f My Commission Expires: t CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within-named lender is. 100 SHNAT8 AVRM, CAMP Hnri, PA 17011 ! Wim my hand this gal" dayof '7ALttIJARY, 3005 _ Agent of Lender r Certify this to be recorded nGb Tn Cumberland County PA Recorder of Deeds I i ! ! PMTWLVANIA—S1ng10 Family--Fonale Mae/Freddie Mae UNIFORM INSTRUMENT Form 70391101 j ooa IPA14 (Page 14 of II pages) t oocvivn.va 03/ee/oaos I OKI897PG { 509 - I _ I f Wo that certain lot of ground situate in the Township of Middlesex, County of ,., C=berland and stateL of Pennsylvania more particularly hounded and described as follows: . BBMU= at a•point in the center line of Homer. Poad (T-576) at the line of � lands now or formerly of Gail W. Jenaik, which said point of'.beginning is Horth eighty-eight (88) degrees•. thirteen .,(13) minutes ,ten (10) seconds' West twenty eight and ten one=hun&edthe (28.10) feet from an existing rattroad spike in the aentee line of South Middlesex Road (S.R. 1005)7 thence along the center lind.of Borne,Roaa.(T-576) North eighty-eight (88) degrees.thirteen (13) minutes tan (10) seconds West Ivo hundred ninety-five (295) Peet to a point: thence slorsg • lands of the Estate of Margaret A. Sunday, Walter D. Sunday and Qwendolyn D. i v Sunday,.his wife,, and Dime L. Beam and Clyde 0. Beam, her husband, North five ; .x (OS). degrees . forty-five (45) minutes. West twenty-five and .tvantr-two.. ansa-hundredths (25.22) feet to a oonoreta•monument.on the northern dedicated right-of-+way line of Korner Aoad= thence further by same North five (05) degrees ' forty-tive (45) minutes mat five hundred fifty (550) feat to a•aat 3/4' steal bar: thence still by same South eighty-61ght (88) degrees thirteen (13)*minutia ban.(10) seeondS Salt two hundred ninety-five (245) feet to a out 3/40 atesl bar on line of ]ands now or:larva of Gail.ii. Jensik: thence along 'said Lando.now or foamrly of Jensik South"five (05) dogma forty-five (45)• minutes east five hundred fifty (550) feet to .a set 3/4- steal baron the notthern dedicated righ"f-,way line of Etorner Road: thensce further by same South five (05) degrees forty-five (45) mintutea Fast twenty-five and twenty-two onedsurldeedthe (25.22) i feet to a point in the center line of Horner Road at the point and place of SEcu:utirta. atm Lot no. ;2 on Pinal Minor Subdivision Plan for The Estate of Margaret A. Sunday, which said Plan is recorded fa the Recorder of needs Office in and for omberland County, Pennsylvania in Plan Book No. 7'D.. . Page�sG • I i i A • I Iy15••.,t♦..NST. ! tA{a- AL � •rte.�:?'r'y - 055 �C�,�[� 9 � ' tv,'y'�Qt•h".''-"St • 1 BKt897PG1510 i i } i I i i i T , i t 1 I� I i E i i i r l i E j EXHIBIT GGB" i i E i i ASSIGNAISn OF SECURI'PY INSTRUMENT BY A CORPORATION KNOW ALL MI?NB'Y TIIB3B PRESENTS,that=�.rRCE BANK/ HA1,UMU Q =ONALABSOM=origlnnl mortgagca,acorpora4on organized ander the laws ofP�5 yAN1A..Pady'ofthe fist put,fbr andin consideraHan o£MO.00OM and other valuable conaidenttionlawfal money of the United States of America,to itpaid by Cl ortgSM Inc.a.DelowsmCgoaraflon 1000 IL j W04..P"of the seoond part,the receipt whereof is hereby acknowledged,has adld, I assigned,.transfesredand doeahereby sell,assign and trangfor.to.the said partyofthe I second part,till Y>ight,title and'intozast sof tba:eaid party the.t3raCpart'in anti to a.certain raalestatesaeurltyinetrumont,dater#the. .28 •hof_ lamxai 2005 OArtgQF Sandry and Anda M.gundav t i and recorded in the Recordrr of Deeds of5ce amot tt 6 land itowdss of I The Deed Book!fiber- st PagalP Ro gid•more particularly desorihed-as.foAowsr SEE UxmrTMA" 1 IN WPl1VBBS-W EMRBOF,said party of the first:pad has caused these presenuto bo signed . I byito Amistant VicePreRIdent this 2811 ay of 7-anusty.2W Wituesa: E { I �w� GOIw1IvIERC13 RAb1KfE111RRISH'URG M U_ NATIONNAI.ASSOCIATION }I m:1W ca 1100 S13NATR AVENtlE . F.O.BGXTi399 = o a CAWKILT,LL,PA 17011 � Mali' M..Zarbe I Aealatant VicaYmident Sr..A'"R101*PWhl9Y'.,VANI-A i -COUNTY OF'CLMERLAND I -On this,tht 28*AU-of Iatwary.2 03 before me,the undersigned of@cer,.pMouaily appeamd RW .Zerhe. who aclmowledged.herself to be!he Aastatan XW Pmldggl i of Commerce HanldHarrisburg,•and that she as such• i 02imsro g i authorized to,do so,executed the foregoing Immtment forft pigwee therein contained ` bysigningthe umteofthacogwrationheraelfas AasietantVlyeFre9ident. f IN WITNESS VMMMOP,I hereunto-set•my hand and official % i! Notary Public SJ39 7.15 81GE 1233 taaa�:s+w lw T"4du4r tdY6tnni�eUtBpietJtyi•10.?L06 . norma that cerasin lot a t gwww Adipate in the "mahip of Middlesex, County of Ctatharisnd and BBAtq of Esse bania Wre'pard darlp 1!1-nded sad dasor-lbed a8 ;4 .Bacnam at a. point In the center lira of eorner Road ("76) at the line of lands now or formariy of Qeil V. Janaik, whisk acid point of beginning is North .. eight"igbt' :(88) fap"s' thititeed ,(13) mitutten _tete... (IO) EBtVtIdB ➢teAt •�. Cweuty,-•eight eud tan..ao-4iundr�adths G28.iQ} YnaC�Oa►a�s�atiaCf'ng railroad $pats in•.the.inter Tine of South Midgem Road .(S.R. 1WO t th8noe along the tinter itne.:of nomr Road ('1;s76) North slghtyeight W 9legreea.tt►ivteen: l3) "but". tan (10) secondaVest.two.hu nihety-five(x99)-feet,to a Qointr thence along . lends Of..thb Rotate'of teacgant A. SWdgy, miter 1f. "air -and ttWWOO*'D. &anday, his.wlfa, and Diana.t:. &Gam aua Clyde d. -Suits,"hsr hUfib 4, North'five :to$). degrees forty-five '(a54 .minutes, west aar4 tmtY-tv* }} ons-bu Gdredtha .(25.22) feet .to a oonorate•eoog6tgwst nn •tbi northern► dediaataa rigbl :WaY line off'.Rorrwr Rovsdt thence lutthar•by-Sam Noi th fivo (03) dog"" r lerty-tiva (4S) minpCea Woati fwfvs fSundrst!.ftity (550) feet.,to:a•Est 3/4" steel {� , hart:.thanes stil} iiy $ams! 3outh..ixjhty-sight.i9d} Ae9resa thiGetean (23)'minaw ; ": ten:(sQ1:sooanr]s 8aet two hundred ninatp-fits.( ) feet txi a sat 314" mall bar :ate line o! laude ttUw or,lafia of Gaii.-4trenaiks tittaGscaa along said rands roto or cormerly of ,Jenatic &Doth iivGt ( }_degavea :fdrty„fivs.(45}• &Mtn Sesta fine i ; ' •hundved fifty* i�50) feat to n sat' 3E4". steel..bar emon the •northerie deaictst+t8 , dgh"frvax• 33fta of ttorhar P4441 tlferttiv fwf:ther.4y Sa South five (4S).-deg>: s forty+five (45.) zinutes zm6 twenty-Live aad .twenty-00 .an&+W%U*dtha (23.33) 'feet to a hint in -the cmnter line -of l�tnev Reed at -the point and Placa of 1 t 1 =a Lot No.':2 on 11ml Miner svbdivleion.Plan.tar alis asatate D3 Margaret A. SnGx'3Gty, Linde Mata Plat) An rewrded in the Reoocder WAeeda Offip in.and faiw cantov amd=0nty, Pennsylvania'la Plan 20a Na. 2s.. . page AYE 41� 3 i f"r�tifjr thista >�erecorded I, umberlsnd County PA 47 �.-� .. Y� . Recorder of Deis BbOK 715 PAtt 12-34, yoc�+fe csftY �Tf' a � V'r-s-f°•- ;.¢;R s� ni+rl��s! eY o th t��tSTIM, !(til `o stFa 4£ t tagtt .�t�+li�fi!� + ✓ tN�cdTt?kikk,►t V'4�k�i5fisa&xr:. ' ` LSV: Cs:�..y.. t:•. .�:y., •.'. :.+.�.. Y..7. :y••'r' . I i 1 NOTE L� # l aAWARY 28, 2005 HARRISBURG PMMSYLVANIA 1 [Date] [City] [State] 142 HORMM ROAD, CARLISLE, PA 17013 [Property Address] 1 BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U S $ 120,000.00 (this amount is called "Principal"),plus interest,to the order of the Lender The Lender is COMMERCE BANK/HARRisBuRG, If 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 1 interest at a yearly rate of 5 250 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 i (A)Time and Plage of Payments I will pay principal and interest by making a payment every month 1 I will make my monthly payment on the 19T day of each month beginning on APRIL 1, 2005 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that i may owe under this Note Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal It on MARCH 1, 2020 ,I still owe amounts under this Note, I will pay those amounts in full i on that date,which is called the"Maturity Date" I will make my monthly payments at 4 LEMOYNZ DRIVE, SUITS 100, LEMOYNE, PA 17043 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 964 65 1 a BORROWER'S RIGHT TO PREPAY I have the right to rake payments of Principal at any time before they are due A payment of Principal only i is known as a"Prepayment" When I make a Prepayment,I will tell the Note Holder in writing that I am doing so I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note I may make a full Prepayment or partial Prepayments withum paying a Prepayment charge The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under ttns 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 1 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 S LOAN CHARGES 1 If a law,which applies to this loan and which sets maximum loan charges, is filially interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, ' and (b) any sums already collected ftom 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�melang a direct payment to me if a refund reduces Principal,the reduction will be treated as a partial Prepayment i NIULTISTATE FIXFD RATE NOTE—Single Family—Fannin AlneNreddm telae UNIFORM INSTRUMENT Form 3200 IMI t DocucFAt (page 1 of 3 pages) Omer"vrx ox/26/2004 i._ i 6 BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,l wilt pay a late charge to the Note Holder The amount of the charge will be 5 000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment (B)Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default (C)Notice of Default If I am in default,the Note Holder may send the a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means (D)No Waver B) 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 Nate 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 descnbed above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibtted by applicable law Those expenses include,for example,reasonable attorneys'fees 7 GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address-if 1 give the Note Holder a notice of my different address Any notice that must be given to the Note Holder under this Note will be given by dehveri ng it or by mailing j 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 TRIS NOTE . If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made to this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises I trade in this Note The Note Holder may enforce its rights under this Note against each person individually or against all of us together This means that any one of us may be required to pay all of the amounts owed under this Note 9 WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor "Presentment"means the right to require the Note Holder to demand payment of amounts due "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid 10 UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some junsdictions In addition to the protections given to the Note Holder under this Note,a mot tgage,Deed of frust 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 snake in this Note That Security instrument describes how and under wha:ccaditions I tiny be required to make unmediate payment in full of all amounts I owe under this Note Some of those conditions are described as follows i Tf 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!erider's prior written consent,Lender may rg sire 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 11Ul TISTATE FIXFD RATE NOTE—Singh I amity—Fannie Atae/Freddie Alae UNiFOR�1 tNSTRUAIENT Form 3200 W1 ooCUcea2 (pop 2 of 3 pages) lt! 00-O&Z VT%1/05/3003 1• i I ., i 'Z 1 _ 1 tt i 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 I€Borrower fails to pay these sums prior to the expiration of this period,Lender may i invoke any remedies permitted by this Security Instrument without fiurther notice or demand on ' Borrower t W1T'VES A SEAL(S)OF TBE UNDERSIGNED RROWER - DAR L .F SOITDAY - DATE C BORROWER - LI M SUNDAY - DAT - r J I s r i i I Pay to rbc.oi<ict of r wi rho outs ,r`c tt1AIagg1 �., L Inc s Uat•L Lucchrn., 5t Vic Citnblott„i�, I'tc�'ticnt -� Inc j i +f I r WTTHOUT RRCODRzr+, pp•y To Tom' ORDER OF jS�b-71 Oi:g:rcl On;v] CITIMORTGAGB, INN BY COMHERCE BAt1A/HARRISBURG, N A IN M ZERBE I Y V E )24 PRESIDENT MULTISTATE FIXFI1 RATS LUTE—Singh Famdy—Fannie Njae(Nrcddte Mec UNIFOMI IYSTRUmE,1T IXXUCFA3 Form 321W IM) i Docacru V= 07/29/2001 (pa$c 3 of3 pages) t S f i - f i f F i i j� • i i i 1 i i �I} 1 •s i i i i . i f I 1 L 1 1 i t i EXHIBIT 46 D" I i i t t 1 3 6 r CIUMortgage,.tnc. P6 Aox 9090 PRESORT Temecula,CA 92589-9090 First-Class Mail U.S.Postago'md Fees Paid Send Payment to WSO i CIGMartgage,Inc, 9307 1.100 1170 0752 0803 47 i PO Box 689196 I Des Moinas.IA 50368-9196 i i 20140714.168 .1111111hfrifrsl��Ili�h� Send Correspandenceto: DARELL F SUNDAY t Ciumortgage,Inc. 142 HORNERS-RD 1 6400 Las Colinas Blvd. CARLISLE.,Isla 17M,5=-8568- Irving.TX 75039 , i I I I � E i ! r i i i 1 F If I I I ! I f i i t I K i. CITIPAACT91 i I i l HOUSING FINANCE AGENCY) SPi CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "'RO.NTEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL.CUAL PUEDE SALVAR SU C..,k DE LA PTItDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NA114E(S): DARELL F SUNDAY LINDA M SUNDAY PROPERTY ADDRESS: 142.HORNERS ROAD 4 CARLISLE,PA 17013 LOAN-ACCT.NO.: . ORIGINAx.LENDER: COMR4ERCH BANK!HARRIBURC},N.A. CURRENT LENAER/SERVICER: CitUdOrtgage,Inc- HOME I OWNER'S nc.HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM I YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WUC-MCAN SAYE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTUREMORTGAGE; ORTGAGF PAYMENTS � IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEWS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(T.HE"ACT"),YOU M AY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAU-LT HAS BEEN CAUSED ICY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU.HAV A:REAS:.ONABLE PROS.PECI'OF BEING ABLE TO PAY YOUR MORTGAGE j PAYMENTS,AND• 4 IF yOU MEET OTHER ELIGIBILITY REQUMVIE`iTS ESTABLISHED BY THE I� PEIVNSYLN'ANIA HotISIi�TG7+IiVANCE AGENCY, TEMPOR4RY STAT' OF FORECLOSURE -- Under the.Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days frolrl.the date:of.thi"s.Notice(plus three(3)days for mailing). During that time you must arrange and attend a "fnce4041ce" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS METING N.IUST OCCUR WITHIN T.111 -THREE 33 DAYS OF TIIE DATE OF THIS NOTICE. 1F YOU.DO NOT.APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MLiST BRING YO MORTGAGE UP TO DATE. Trl:E'PAru. OF THIS N0-TICE CAS j Rl, "VOW Tn CURE YOUii MORTGAGE DEFAZH:T;'`EXI'LAINS' HOW TO BRING YOGR MORTGAGE'UP TO DATE. CONTSUMER CREDIT COUNSELING AGENCIES -- if you- meet %vith 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 or credit numbers of desiellated consum c eling agencies for the county in which the-or o is located are.set forth at-the end of this Notice. It 1s only necessary to schedule one face-to-face meeting. Advise.your lender imm_e_diately of your intentions. ATTLICATION 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 financiai'assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out, sign anti' file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the'.cind of this'Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in CrlIRMCr91 9307 1100 1370 0752 0803 47 Page.2 of 6 I submitting a complete application to the pennsylvania Housing Finance Agency.To temporarily stop the lender fi•om filing a foreclosure action,your application MUST be.forwarded to FHFA and received within thirty(30) days of your face-ta-face meeting with the counseling-agency. YOU SHOULD PILE A HEMAP APPLICATION AS SOION AS POSSIBL1~ tF YOU HAVE,4 MEETING WITH A PLIC-4 ELIli'G AGENCY FTrtTHIN 33 DAYS OF THE POSTi1tARII D:4TE OF TXIS.IVOTTCE A,VD FILE Al►' AL'I'LICA77flit' Wl.TH PIIFA lf7THIN 3t7 D.4I'S OF THAT rYtEETING, TI'IEY:TAE LENDER WILL BE f TEIYIPORAWLY P.REYENTLD F'ROeY1 Sr4RTItYG A FORECLOSURE .tGAC1YST 'YQUR t"XOPERTY, AS ! EXPIAI/VED AIlOYF,I(1r THE SECTtON CALLED"TENjpO1Zg RYSTAY OF PppE pSTIRE'; Yot I-11T FAPPI 7,4 OAR.Tr J*7 TO RILE A HEMAP APPI, ATION El.'""8 —OND THESE 7'1:�IE PERIODS A I�fTF. AP.PI,ICATION 13'II{L NOT PREYE!YT THE LENDER RROn9 ST BUT A tORF_CLOSOrfE ACTIQN, BUT IF YOUR Al'PL7CATIDN IS EVENTUALL F'APPRQYED AT ANY TIME BEFORE A SHSIaF S SALE', i THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available fiords for emergency mortgage assistance are v ery ited.disbursed by the Agency unifier the eligibility criteria established-by the Act. The Pent>sylvantae Housing firn 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 incl the Hine Tegttire nts set Earth above,' You.will be;iiotitied directly by the Pennsylvania Housing Finance Agency o€-it:s decision on your application. NOTE:IF YOiI:ARE'CIIIiRk NTLy 1>ROTECTED BY THI:h'ILI SIG QL'A PETITfQ11 IST SA�YICRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR I�1FORIVIATION pU1tP0:5E5 ONLY AND SHOULD NOT BE CONSIDERED A5 AN ATTEMPT TO COLLECT`THE DEBT. t (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) How_TO CURD WITT.D i nn-rGAGE DEFAT An it ttu W date) NATURE OF TTiE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: i42 HORNERS ROAD CARLISLE,PA 17013 i IS SERIOUSLY.IN-DEFAULT because: YOU HAVE NOT MAD i E MONTHLY MORTGAGE PAYMENTS for the following months and.the follo4vina amounts are now past due: t t. L 05/01/14 through 07/01/14 3 C$964.65/month 2 @$48.23ilate chargelmouth t � Other charges(expla.WIitemize): $2 ,990.41 Uncollected Lato Charges: i TOTAL AMOUNT PAST DUE, $96.46 $3,086.87 HOW 7'O CURE THE DEFAULT'--You inay cure the defaidt within THIRTY (;0)DAYS of the date$3 this notice BY PAYING TRE TOTAL AMOUNT PAST DuE TO THE LENDER, R,'fIID IS of the$3,08 .ate PLUS ANY M09-WAGE PAYMENTS AND LATE C1iARGES NWUCH BECOIVZE D[?E DURING THE THIRTY (30) DAY ' PERIOD. Pa cnts must be made either b scnt.tb cash cashier's check certified check or mono order made a able and CitiMortg age,Inc. J P.O.BOX 183040 Columbus,OR 43218-3040 t F• I CIT PAACTA I Prue 3�f 6 9307 1100 1370 0752 0803 47 i I i ` I IF YOU DO LVOT CURE THE DEFAULT—If you do not cure the default wlthin THIRTY(30)DAYS of the date of this Notice; the lender intends to exercise its rights to accelerate the mor aq a debt. This means that the entire outstanding:balagt a of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly instalments. If`full.payment of the total amount past due is not made within MIRTY (30)DAYS, the lender also intends to instruct its attoi7teys to-start legal action to foreclose upon vour mort( . uronerty: IF THE MORTGAGE IS FORECLOSED UPON--77he inortgaged 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. Hawcvcr, if legal proceedings ate 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. U you cure the defauft within the THIRTY f30i DAY tierind,yog will not be required to vay attorney's fees ' OTHER UNDER.REMEDIES--The lender may also sue you personally:for the unpaid principal balahe6-and all other sums-due under the mortgage. s RICHTt'0 CIM THE DEFAULT PRIOR TO SHERIIt'P"S SALE—If you have not cured the default within the IR R7'Y( 0)DAY period tied foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time un•to one hour before the Sherifrs Sale You may do so by paw th total amount then past due,Plus any late or other charges then due reasonable attornev's fees and costs connected with the foreclosure MR I saic and other.costs connected with the Sheriffs Sale as sl i-ed in writing by the lender and by o forming a� I other requireineht,unifier the mortgage. Curing your defaulfin~tire 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 apliri oximntely 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 atnount 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. 1 HOW TO CONTACT THE LENDER. i t t Name of Lender: CidMortgage,Inc. Address: P.O.Box 12218 l Tucson,AZ 85732-2218 Phone Number: 1-877-362-0175 t t Fax Number: 1-866-940-8147 1 Contact Person: NlarkAntitony Hartland E!Mail Address: markantho0y.b.hattl'and@citi.com EFFECT OF SHERIFF'S'-SAtF, --You should realize that a Sheriffs Sale will end your ownersbip of the mortgaged property and your right to occupy iL. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other;lielongings could be started by the lender at any time. i ASSUMPTION OF MORTGAGE — You may not sell.or transfer your home to a buyer or transferee who will j 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. CrTIPAACT91 + Page 4of6 9307 1300 1170 0752 0803 47 I YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE-PROPERTY TO OBTAIN MONEY TO PAY OFF TI•lE NTORTGAGE DEBT OR TO BORROW MONEY FROt4 ANOTHER'LENDING INSTITUTION TO PAY OFF TI-I[S DEBT. • TO HAVE THIS D.EFAUrf CURED BY ANY Tffl.RD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE.RESTORED TO TIME SAME POSITION AS 1F NO DEFAULT HAD OCCURRED„IF YOU•CURE'THE DEFAULT. (HOWEVER, YOU DONOT HAVE THIS RIGHT TO CURE YOUR D8FAULT MORE THAN THREE T mES IN ANY GAuNDAR YEAR.): EE • TO ASSERT THE'N6NEXIS'fENCF OF A DEFAULT IN ANY FORECLOSURE PROCEEDING i OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY 11kVE TO SUCH ACTION BY THE LENDER 1 • TO SEEK PkIbTECTION UNDER THE FEDERAL BANKRUPTCY LAW. l l CONSUMER CREDIT COUNSEL]NG AGENCIES SERVING YOUR COUNTY CAN E LOCATED ON I-M ATTACHED LIST This is an attempt to collect a debt and any information obtained will be used for that purpose. i 4 I I , I I s i i r s I W12 , CITIPAACT91 Page iof6 9307 1100 1170 0752 0803 47 I r HEMAP Consumer. Credit Counseling Agencies... ... ....... ....... ....... .. f MWERLAND County i Repoit fast updated:.]Q/16/2013.10:0 AM Advantage Credit Counseling Service/CCC,S.Of Western PA Community Action Commission of Capital Region 2,000 tanglestown Road 1514.Derry.Street i Harrisburg,PA.17102 Hatrisbarg,PA.17104 888-511-2227 717-232-9757 s C Housing Alliance of YorkN..Housing.Resources Maranatha 190 West Market Street 43.Philadelphia Avenuo Fork,PA 1740 i W aynesboro,PA 17268 717-855?752 717462-3285 PathStone Corporation PathStone CorporAtioi- l 1625 Notch Front St' 450 C1eveL-aand Ave ` Harrisburg,PA.1-7102 Chambersburg.PA.172101 717-234-6616 J 17-264-5913 PA loterf!1M.Community Programs Inc PHFA 40 E High Streit 211 North Front Street j Gettysburg,..PA..17325 l3arrisbW&PA 17110 717-3341519 719-78(?3940....900-342-1397 I I I i i i c i i I` I r S i I i i 1 i i j i i Pam'6of'6 9347 1100 1170 07s2 am 47 i PO�g90Inc. PRESORT i Temecula,CA 925899090 Mrst-Class Mail U.S.Postage and Fees Paid WSO Cc.end Payma Inc 'x '307 11011 1170. 0752 0803 30 PO Box 689196 Des Moines.IA 50368-9198 .. I i 20,4oTY�1,88 i �Iu►r►I►l14��►�►lllr►�,IIII�11�1II,[f ill,1)1 11111111i111I►lI►I LINDA M SUNDAY Send Comespondanceta 142 HORNERS RD Clumangage,Inc. 6400 Las Colinas Blvd. CARLISLE, PA 17015-8508 Irving,TX 15039 I r { 1 . { i } • t i i { i i i l i CITIPAACT91 It i i i Sent Via Certified Mail Date: 07/14/2014 9307 1100 3170 0752 0803 30 I LTNDA M SUNDAY ill 142 HORNERS RD CARLISLE, PA I701.5-8508 i RE:Property Address: 142 HORNERS ROAD SLE.PA 17013 CitiMortgage Loan#: ACT 91 NOTICEI TAKE ACTION TO SAVE t YOUR HOME FROM FORECLOSUREt This is an official notice that the mortgaae on your home is in default,. and the :lender intends to foreclose. Suecific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM { (HENIAP) may be able to hAD save your home. This Notice explains bow the program t works. To see if HEMAP can.help; you must MEET WITH A CO.NSLT MICR CREDIT 1. COUNS.EI LNG.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 j vour Countv are listed at the end of this Notice. if mil have any questions,youpi?j-,-call the Pennsylvania Housing Finance Agency toll-free at 1-800-342-2397. (Persons with inipAirecl hewing can call(717)780-1869)., E 1 This Notice contains important legal information. If you have any questions, � representatives at the Consumer Credit Coutiseliq 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. f LA NOTIFICACi6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERXrCHO A CONTIWAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION iNINNIEDIATAMENTF. LLAIMANDO ESTA AGENCIA (PENIVSYGA'ANIA t CITIPAACT41 Pa;;e 1 of 9307 1100 1170 0752 0603 30 • L HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAM0 POR EL PROGRAMA LLAiTKADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DEREC}IO A REDIMIR SU HIPOTECA. 1I6MEOWNEWS NAME(S): LINDA M SUNDAY f DARELL F SUNDAY 1 PROPERTY ADDRESS: 142'HORNERS ROAD CARLISLE,PA 17013 E LOAN ACCT.NO.: ORIGINAL LENDER: COW ERCE BANK I HARRIBURG,N.A. CURRENT LENDER/SERVICER: Citildortgage,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FLN- ANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECL09URE AND HELP YOU MAKE.FUTURE MORTGAGE PAYMENTS .IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER?S BAIERGENC.Y MORTGAGE. ASSISTANCE ACT OF 1983(THE"ACT-),YOU MAY BE ELIGIBLE FOR.EMERGENCY JvOA-TGAAGE � ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, t • IF YOU HAVEA REASONABLE PROSPECT OF BEINC ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU:NIEET 01TJR*jEA ELIGIRILITY RI QUIRE'NMENCS ESTABLISHED BY THE PE�fNSYLVA.�fIA.HDY3Si\1G.IfIlYANt`E 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(files three(3)days for mailing). - During that time you must arrange and attend a "face-to-face" meeting with one of'41c consum tr credit i counseling agonies listed at the end of this Notice. THIS MEETING MUST OCCUR NVITHIN T.>lIltTY-THREE (33) DAYS OF THE DATE OF TATS NOTICE. IF YOU DO NOT APPLY Fog 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 IvIORTGAGF UP TO DATE. i i CONSUMER CREDrr 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 desianated consumer credit j counseling agencies for the county in which the proMr-W 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 j the righi to apply for financial assistance-from the komemGyner's Emergency Mortgage Assistance Program. To do so, you mist fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in 1 CrriPAAMI i Page 2 06 4307 3100 1170 0752 0803 30 i 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 v4thin thirty(30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEXAP AP.PLICATION AS SOON AS POSSIBLE. IF YOU HA VE A MEETING WITH A COUNSELING AGENCY A7THIN 33 DAYS OF THE POSTVARS DATE OF THIS NOTICE JAW FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, TEEN THE LF.�VDER WILL BE TE.4'1P0RARILY PREVENTED'FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS HXPL.ArVED ABOVE,IN THE SECTION CALLED"TEMPORARY STAY OF FORECLOSURE' YOU HAVE THE RIGHT TO FILE A HE31AP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY T BBE BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. ACENCV AMON -= Available:fthnds-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 tbat 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. !VOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWLNG PART OF THIS NOTICE IS FOR INFOP.W11ATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DE13'r. (If you have filed bankruptcy you can still apply.for Emergency Mortgage Assistance.) HOW TO CURE.YOUR MORTGAGE DEFAULT(Bring V.up.to date). � XATLIRE OF THF IJEBAULT—The MORTGAGE debt held by the above lender on your property located at: I 142 HORNERS ROAD . j CARLISLE,P.4 17013 i f IS SERIOUSLY IN DEFAULYbecausw. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and.the following amounts are now past due: 05/01/14 through 07/0E/14 3 @$964.65/month 2 @ S48.2311ate chargehnonth $2,990.41 I Other charges(explain/itemize): Uncollected Late Charges: $96.46 { TOTAL AMOUNT PAST DUE: $3,086.87 HOW TO CURE THE DEFAULT—You may ewe the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WI•IICH IS $3,086.87, PLUS ANY i MORTGAGE PAYMENTS AND LATE CHARGES 1VHrCH BECOME.DUE DURING THE THrRTY (30) DAY PERIOD. Payments trust be made either by cash cashier's chedL certified check or money order made payable an sent to: 1 CitiMortg3ge,Inc. P.O..BOX 183040 Coliim6us,OH 43218-3040 ' i. I CrT1PA.1CT9.1 Pa,+c 3of6 9307 1100 1170 07522 003 30 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THHIRTV*(30)DAYS of the date of this Notice, the lender latends 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 change to pay the mortgage in monthly installments. If full payment of the total amount past due is not trade within THIRTY (30)DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vkr mortgaged propertlr IF THE MORTGAGE IS FORECLOSED UPON-.The mortgaged property ywill be sold by the Sheriff to pay off the ` 1 mortgage debt. If the lender refers your case to its attorneys, but you cure the.delinqucncy before the lender begins 1 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 dte lender even if they exceed 550.00. .Any attorney's fees will be added to the amount .you owe the lender, which may also include other reasonable costs. If von cure the default within the THIRTY(30)DAY period,you will not he reauircd to pay attornev's fees. OTHER LENDER REINIEDIES--The lender may also sue yon personally for the unpaid principal balance and all other sums due.under the mortgage, i RIGIMTO.CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY(30) DAY period and foreclosure proccedings hai:e begun, you still have the right to care the default and prevent the sale at any time un 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 casts connected with the Sheriff Sale asspecified in%amtine by the lender and:byRcrforra a� other requirements under the mortee, Caring 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 Sheritl'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 8711 be sent to you before the sale. Of course, the amount needed to cure the default will- the longer you wait. You may..find out at any time exactly what the required payment or action will be by coh acting:the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitilYlortgage,Inc. Address: P.O..Box 12ZIS Tucson,AZ 85732-2218 {# Phone Number: 1-877-362-0175 j Pax Number. 1-866-940-8147 f'nntact 1'e-sen: M_rktknt►ony FTartl<znd • i E-Mail Address: markanthony.b.hartland a'citi.,-om I f I .EFFECT OF SHERIFF'S-SALE --You should realize that a Sheriti's Sale will end your ownership of the mortgaged j property and your tight to occupy it. If you continue to live in the property after the-Sheriffs Sate,a lawsuit to M=ove j you and your fitrnishirgs and other-belongings could bc•started by the lender at anytime. 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 cost,-,are paid prior to or at the sale and that the other requirements of the mortgage arc satisfied. i I h i C171PAACP91 Page 4of6 9307 1100 1370 0752 0803 30 i V YOU MAY ALSO HAVE.TEM RIGHT: i • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LEN'D'ING TNSTITUTION TO PAY OFF THIS DEBT. • TO RAVE.THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO RAVE THE MORTGAGE RESTORED TO THE- SAME POSITION AS IF NO DEFAULT HtAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO-NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCESDING j OR ANY OTHER LAWSUIT INSTITUTED UNDER TEE 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. 1 E CONSUNIER-CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON . i TRE ATTACHED LIST 4 This is an attempt to collect a debt and'any information obtained will be used for that purpose. • !I i { 1 1 i 1 i L 1 c 1 E F • 't f� { i 3 r r Crf1PAACT91 Page 5of6 4307 1300 1170 0752 0803 30 4 40 4' HENIAP Consumer Credit'Couusdig A encies . ` j CUMBERLAND.County Jt4,k,rtlastup6ted:70/1612013.10:43 AM Advantage Credit•Counseling Service/CCCS of Wer:tern PA Community.Action Commission of Capital Region j 200[1 Linglestown.Road 1514 Derry Street II Harrisburg,PA 17102 Harrisburg,PA 17104 i 717-232-9757 i 888-511-2227 t Housing Alliance of.York/Y.HotWng Resoarces i�taranattta 43 Philadelphia Avenue ?y01Vest Market•Street � 5°ork;PA 1.7401 Waynesboro,PA 17268 717-855-3752 71T-762-3285 P PaihStone Cacporation athStone Corporation 16-75 Nutth.Front St 450 Cleveland Ave Harrisburg,PA 17102 Chamber5litug,PA.17201 ! 717-234-6616 7t7-214-5913 ! PA Interfaith Community.Programs btc gh211 North.Front Strect 40ETliStreet '• C}ettyUgh PA.17325 Hanisburg,•PA 17110 717-314-1518 7t7480-V40 800342-23IfI i , S I 1 1 i E S ! f 11 F•• ! E1 HC 1 Pain 4307 1100 1170 0752 17803 30 6of6 , i VERIFICATION Christina Loudermilk, hereby states that 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. AFFIANT: By:,X q3,,t Ajk,_, Printed Name: Christina Loudermilk Title: Vice-President-Document Control employed by CitiMortgage, Inc. Plaintiff: CitiMortgage, Inc. Date: 2 5 . I t,, )0 q- PLAINTIFF: FILE#: 14-1353 NAME: SUNDAY,DARRELL F. &LINDA M. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff yy E{{I,���}{�-fl[i' 3( ,. j4'1t. 0 ..RLRP!U1�,p'��t� JlY THE PRO {i10,fi L iAIS 'i Jody S Smith Chief Deputy nm 21Richard W Stewart _ " � C � . Solicitor O;_.4„EQF THeH(EPFa CUMBERLAND COUN Y PENNSYLVANIA Citimortgage Inc vs. Case Number Darrell F Sunday(et al.) 2014-5663 SHERIFF'S RETURN OF SERVICE 10/10/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Darrell F Sunday, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found” at 142 Homers Road, Middlesex Township, Carlisle, PA 17013. Deputies were advised by the defendant's wife that the defendant now lives with his mother at 1 Hoover Road, Carlisle, PA 17013. 10/13/2014 07:54 PM - Deputy Shawn Harrison, being duly sworn according to law, served th requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a pers a res n�arlisle, ng themselves to be the Defendant, to wit: Linda F Sunday at 142 Homers Road, Middlese T s PA 17013. SH WN H N, D PUTY 00�/ 10/13/2014 08:45 PM- Deputy Shawn Harrison, being duly sworn according to law,eservedthuested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a persothemselves to be the Defendant, to wit: Darrell F Sunday at 1 Hoover Road, Middlesex Tole, PA 17013. SiJWN HARRISON, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, October 15, 2014 RONW R ANDERSON, SHERIFF fc)CounryBui e Sheriff,Teleosoft,Inc. October 29, 2014 Court of Common Pleas Civil Division Cumberland County C/71rno£Tcn9 LrIyc. Y,A jZ21✓ZL/U 2,42 2./WDA , S)w47ny RE: No. 14-5663 Civil Complaint in Mortgage Foreclosure — In response to the above referenced suit filed against Darrell F. Sunday and Linda M. Sunday, we provide the following. 1. Citimortgage, Inc. represents that they are the Owner's of the Mortgage. They in fact are not. The Mortgage is owned by Fannie Mae. The sale of the referenced Mortgage was never disclosed to us. It is our position the Citimortgage, Inc. does not have standing to file this suit and the suit should be dismissed. See EXHIBIT "A". 2. We were provided the documentation that the Mortgage was being transferred from Commerce Bank to Citimortgage. Neither Commerce Bank nor Citimorgage, Inc. ever disclosed that the Mortgage was owned by Fannie Mae. See EXHIBIT "B". 3. In the Complaint filed by Powers, Kirn & Associates, LLC on behalf of Citimortgage, Inc. There is no documentation disclosing that the mortgage is owned by Fannie Mae. 4. There are two (2) documents included that were sent via certified Mail without any documents proving we ever received them. On PAGE 3 OF 6 of each document, we are given the opportunity to CURE THE DEFAULT BY PAYING $3,086.87. The Complaint was filed on September 24, 2014. On September 8, 2014, we sent Citimortgage, Inc. a payment in the amount of $4,099.75 which would have brought our obligations up to date. Citimortgage, Inc. refused our attempt to CURE THE DEFAULT and returned the check. See EXHIBIT "C". 5. Earlier this year, Citimortgage, Inc. offered us the opportunity to Refinance and reduce the monthly payment to an amount that we could afford. Citimortgage, Inc. denied our application. 6. We have a line of credit with Citibank, N.A. currently in the amount of $250,000.00. This Line of Credit was issued from Citibank N.A. based on information provided from Citimortgage, Inc. and was only offered to us based on the fact that that Citimortgage, Inc. owned our Mortgage, which as shown in EXHIBIT "A", they do not.. We request documentation that Citibank, N.A. has been notified of this action of foreclosure as they will not receive the arno_uptiNiNgclhem if the house is sold via Sherrill Sale or Short Sale. },114n03 0 -1339Villes :4181 Gi����nGii10�a . "1—. 0_c 7 7. I have included a copy of the latest credit Report from Equifax. This document shows that I have never failed to pay my obligations to anyone. I do not intend to fail to pay my obligations now. However if Citimortgage, Inc. is allowed to continue with foreclosure, it will be out of my control. See EXHIBIT "D". 8. On October 29, 2014 my wife contacted the Cumberland County Bar Association. She was advised that we should file an application to refinance. On the same day, I contacted Michelle at Citimortgage, Inc. and was told that I could complete the Application on-line by going to www.citimortgage.com which I attempted to do. What I found is that Citimortgage, Inc. has removed the application from their Website. She was also informed that Citimortgage, Inc. has the most foreclosures of any other mortgage company in the State of Pennsylvania and that they are the most uncooperative mortgage company in allowing a foreclosure to be mitigated. 9. We have tried to refinance the mortgage both thru Citimortgage, Inc. and HARP. Unfortunately we have not been successful. 10. We intend to sell the house. I would ask the Court to provide us a reasonable amount of time to prepare the house for sale and sell it. I am confident that this will allow all amount due creditors to be paid in full. We respectfully as the Court to dismiss this Complaint base on the fact that Citimortgage, Inc does not own the Mortgage and has no standing and has never disclosed that the mortgage was actually owned by Fannie Mae. We also respectfully ask the court to allow us time to sell the house so that we can pay our obligations. Respectfully submitted, Darrell F. Sunday and Linda M. Sunday 142 Horners Road Carlisle, PA 17015 ortzlets EXHIBIT "A" r n Fannie Mae Loan Lookup : Fannie Mae https://.cnowyouroptions.com/loanlookup (http://www.fanniemae.com) C owYOuROPTIONS (1) Search About Us (/about-fannie-mae) I' Progress (/progress) 1 Fannie Mae Help (/find- resources/mortgage-assistance/fannie-mae-mortgage-help-centers) 1 Loan Lookup (/loanlookup) 1 Questions (!contact -us) 1 En Espanol (/espanol) Rent (/rent/overview) Buy (/buy/overview) Sell (/sell/overview) Refinance (/refinance/overview) Modify (/modify/overview) Avoid Foreclosure (/avoid -foreclosure) Get Help (/find-resources/mortgage-assistance) Find Resources (/find -resources) Home (/) Fannie Mae Loan Lookup Results: Match Found It appears that Fannie Mae owns your loan, based on the information you entered: Results—Our Records Indicate: DARRELL SUNDAY 142 HORNERS RD CARLISLE, PA 17015 Last 4 Digits of Social Security Number: **— Mortgage Loan Closing Date: 01-28-2005 Mortgage Company: CITIMORTGAGE, INC. • Fannie Mae owns your loan that was closed on or before May 31, 2009. Knowing the Loan Closing Date is important because some programs such as the Home Affordable Refinance Program (HARP) :(/refinance /home -affordable -refinance -program), are available only for the loans closed on or before May 31, 2009. You may be eligible for this program. • You may also be eligible for the Home Affordable Modification Program (RAMP) (/modify/home-affordable- modification-program) or other mortgage assistance programs available exclusively for Fannie Mae -owned loans. • There may be circumstances that prohibit you from financing home energy improvements with a Property Assessed Clean Energy (PACE) loan since Fannie Mae owns the first mortgage on your home_ Contact your mortgage servicer before getting a PACE loan. Options Finder: To help you find the option(s) that might be best for your situation, please answer the questions below: of 2 10/29/2014 2:45 PIV Fannie Mae Loan Lookup : Fannie Mae https://knowyouroptions.com/loanloolcup Have you been delinquent on your mortgage in the past Yes No 12 months? Note: In this case, "delinquent" means you have paid your mortgage payment late by 30 days or more at any time in the last 6 months. Or, that you had more than one late payment or made a payment more than 30 days late in the 6 -month period prior to the last 6 months. Do you anticipate having difficulty paying your mortgage Yes No in the near future (next 2-3 months)? Submit Next Steps: Request an Appointment to Get Help (/loanlookup/maaf/hamp/mhc form) Contact the Fannie Mae Mortgage Help Center Network for free housing counseling and assistance with your mortgage. Look for a Foreclosure Prevention Event in your Area (Mind-resources/mortgage-assistance /foreclosure -prevention -events) Talk in person with housing counselors and mortgage companies to get the help you need. Explore KnowYourOptions.com (/) Review the useful information and tools on this site to team more about your options. Contact Your Mortgage Company (/find-resources/mortgage-assistancelheipful-contacts/your- mortgage -company) Confirm these results and obtain additional information regarding your mortgage by contacting your mortgage company. - ' (http://www.fanniemae.com) ® 2014 Fannie Mae l.r Ct [°' Privacy (http:Manniemae.com/portal/privacy-statementhtml) I Legal (httpl/www.fanniemae.com/portal/legal-disclosure.html) I FAQ (ffind-resourcesfinformation-and-tools/fags) I Site Map (!site -map) of 2 10/29/2014 2:45 PIS NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS SUNDAY 77774402SUNDAY In accordance with Section 6 of Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2605) you are hereby notified that the servicing of your mortgage loan, that is, the right to collect payments from you, has been assigned, sold or transferred from COMMERCE BANK/HARRISBURG, N.A. 100 SENATE AVENUE CAMP HILL, PA 17011 717-612-2090 (Transferor) to CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION 321 O'FALLON, MO 63304 (Transferee). The effective date of this transfer is APRIL 1, 2005 The assignment, sale or transfer of the servicing of the mortgage loan does not affect any term or condition of the security instruments, other than terms directly related to the servicing of your loan.. TRANSFEROR SERVICER - The name of an individual employed by COMMERCE BANK/HARRISBURG, N. A. or a department where you may direct inquiries related to the transfer of the servicing rights of your mortgage is CLOSING DEPARTMENT and the toll-free or collect call telephone number is 717-612-2090 TRANSFEREE SERVICER - the name of an individual employed by CITIMORTGAGE, INC . or a department where you may direct inquiries related to the transfer of the servicing rights of your mortgage loan is CUSTOMER SERVICE DEPARTMENT and the toll-free or collect call telephone number is 800-283-7918 The date on which COMMERCE BANK/HARRISBURG, N.A. , the transferor servicer, will stop accepting payments on your mortgage loan is APRIL 1, 2005 and the date that CITIMORTGAGE, INC. the transferee, will begin accepting your payments is APRIL 1, 2005 . Send all payments on or after that date to your new servicer. The transfer of servicing rights may affect the terms of or the continued availability of mortgage life or disability insurance or any other type of option insurance in the following manner: You should take the following action to maintain coverage: You should also be aware of the following information, which is set out in more detail in Section 6 of the Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2605): During the 60 -day period following the effective date of the transfer of the loan servicing, a loan payment received by your old servicer before its due date may not be treated by the new loan servicer as late, and a late fee may not be imposed on you. Section 6 of RESPA (12 U.S.C. 2605) gives you certain consumer rights. If you send a "qualified written request" to your loan servicer concerning the servicing of your loan, your servicer must provide you with a written acknowledgment within 20 Business Days of receipt of your request. A "qualified written request" is a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, which includes your name and account number, and your reasons for the request. If you want to send a "qualified written request" regarding the servicing of your loan, it must be sent to this address: CITIMORTGAGE, INC. BOX 8003, S. HACKENSACK, NJ 07606 Not later than 60 Business Days after receiving your request, your servicer must make any appropriate corrections to your account, and must provide you with a written clarification regarding any dispute. During this 60 -Business Day period, your servicer may not provide information to a consumer reporting agency concerning any overdue payment related to such period or qualified written request. However, this does not prevent the servicer from initiating foreclosure if proper grounds exist under the mortgage documents. A Business Day is a day on which the offices of the business entity are open to the public for carrying on substantially all of its business functions. : Section 6 of RESPA also provides for damages and costs for individuals or classes of individuals in circumstances where servicers are shown to have violated the requirements of that Section. You should seek legal advice if you believe your rights have been violated. Present Servicer Future Servicer COMMERCE BANK/HARRISBURG, N.A. CITIMORTGAGE, INC. DOCUSTB 04/12/00 . DOCOSTS.VTx 05/29/2003 ASSIGNMENT OF SECURITY INSTRUMENT BY A CORPORATION KNOW ALL MEN BY THESE PRESENTS, that COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, original mortgagee, a corporation organized under the laws of PENNSYLVANIA, Party of the first part, for and in consideration of $120,000.00 and other valuable consideration lawful money of the United States of America, to it paid by CitiMortgage, Inc. a Delaware Corporation,1000 Technology Drive, O'Fallon, MO 63304 Party of the second part, the receipt whereof is hereby acknowledged, has sold, assigned, transferred and does hereby sell, assign and transfer to the said party of the second part, all right, title and interest of the said party the first part in and to a certain real estate security instrument, dated the 28th of January 2005 Darrell F. Sunday and Linda M. Sunday and recorded in the Recorder of Deeds office amount the land records of the Deed Book/Liber at Page/Folio , and more particularly described as follows: SEE EXHIBIT "A" IN WITNESS WHEREOF, said party of the first part has caused these presents to be - signed by its Assistant Vice President this 28th day of January, 2005. Witness: COMMERCE BANK/HARRISBURG NATIONAL ASSOCIATION 100 SENATE AVENUE P.O.BOX 8599 CAMP HILL, PA 17011 ff3Y: Rob' % M. Zerbe Assistant Vice President STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the_28th day of _January, 2005 before me, the undersigned officer, personally appeared Robin M. Zerbe , who acknowledged herself to be the Assistant Vice President of Commerce Bank/Harrisburg, and that she as such Assistant Vice President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation herself as Assistant Vice President. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. &YTa,zml a1,0,0,0(.0 Notary Public Notarial Seal Sharon E. Maisano, Notary Public Lower Allen Twp., Cumberland County My Commission Expires July 10, 2006 Member, Pennsylvania Association Of Notaries FEDERAL TRUTH -IN -LENDING DISCLOSURE STATEMENT Names of Borrower(s): DARRELL F . SUNDAY Date: 01/28/05 LINDA M. SUNDAY Loan Number: 77774402 SUNDAY Property Location: 142 HORNER ROAD, CARLISLE, PA 17013 Lender: COMMERCE BANK/HARRISBURG, N.A. ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments The cost of your credit as a The dollar amount the credit The amount of credit provided The amount you will have paid yearly rate. will cost you. to you or on your behalf. after you have made all payments as scheduled. 5.302 % $54,516.80 $119,120.97 $173,637.77 You have the right to receive at this time an Itemization of the Amount Financed. ❑ I want an itemization. ❑ I do not want an itemization. Payment Schedule Number of MONTHLY ` Payments are Due Number of MONTHLY Payments are Due Payments Payments of MONTHLY beginning: Payments Payments of MONTHLY beginning: 179 1 964.65 965.42 APRIL 1, 2005 MARCH 1, 2020 ❑ This loan has a demand feature ❑ Variable Rate: Disclosures about the variable rate feature have been provided to you earlier. ® Variable Rate Not Applicable Security: 0 You are giving a security interest in the property being purchased Other (describe): REAL PROPERTY YOU ALREADY OWN Late Charge: If payment is more than 15 days late, the penalty charge is 5.000 % of the payment. Filing Fees/Recording Fees: $ Prepayment: If you pay off this loan early, you 0 may . ® will not have to pay a penalty. And you 0 may ® will not be entitled to a refund of part of the finance charge. Assumption: Someone buying your home ®will not be allowed to assume the remainder of this mortgage on the original terms. 0 may, subject to conditions, be allowed to assume the remainder of this mortgage on the original terms. Required Deposit: If Lender requires you to maintain a deposit as a condition of the loan, the annual percentage rate does not reflect the effect of the required deposit. Property Insurance is required to obtain credit and may be obtained from anyone you want who is acceptable to this Lender. ❑ Property Insurance is not available through Lender. ❑ If you obtain Property Insurance from ,you will pay $ for a term of CREDIT LIFE AND DISABILITY INSURANCE are not required to obtain credit and will not be provided at the time of closing. You may be offered these plans after closing, but they are not in effect at this time. No such insurance will be in force until you have completed an application, the insurance company has issued the policy, and the effective date of that policy has been provided. See your loan documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. I / we acknowledge receipt of a completed copy of this disclosure. SIGNED AND DATED: - BORROWER - LINDA M. SUNDAY - DATE - DOCURZA2 CW .VTY 10/13/2004 ITEMIZATION OF AMOUNT FINANCED DATE: JANUARY 28, 2005 BORROWER(S): DARRELL F. SUNDAY LINDA M. SUNDAY PROPERTY ADDRESS: 142 HORNER ROAD, CARLISLE, PA 17013 LOAN AMOUNT: $120,000.00 ITEMIZATION OF THE AMOUNT FINANCED OF $ TOTAL PREPAID FINANCE CHARGES: $879.03 119,120.97 LOAN #:777744025UNDAY Amount Paid to Others on Your Behalf Amount included in Amount Finance Charge and APR Origination Fee to $ x Discount Fee to $ x Appraisal Fee to STEVEN W. BARRETT, SRA. SRPA $ 50.00 Credit Report Fee to: $ Lender's Inspection Fee to: $ x Mortgage Ins. Application Fee to: $ x COMMITMENT/UNDERWRITING FEE TO: $ 245.00 X Processing Fee: $ 75.00 x Tax Service Fee to: $ x Interest: $ 466.03 X UPFRONT PMI FEE: $ Mortgage Insurance Fee to: $ x Settlement Fee to: $ Abstract or Title Search to: $ Title Examination Fee to:. $ Title Insurance Binder to: $ Document Preparation Fee to: $ Notary Fee to: $ Attorney's Fee to: $ Title Insurance Fee to: $ Recording Fees to: $ City/County/Stamps to: $ State Tax/Stamps to: $ Survey Fee to: $ Pest Inspection Fee to: $ Other Fee to: COURIER FEE TO UNISHIPPERS $ 25.00 X Other Fee to: DOCUMENT PREPARATION $ 150.00 Other Fee to: FLOOD CERTIFICATION TO U.S. DETERMINATION SVC INC $ 6.00 X Other Fee to: $ x Other Fee to: $ Other Fee to: $ Other Fee to: $ x Other Fee to: $ Other Fee to: $ x Other Fee to: $ x Other Fee to: $ x Other Fee to: $ x Other Fee to: $ x Other Fee to: $ x Other Fee to: $ x Other Fee to: $ x Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: CLOSING PROTECTION LETTER $ 35.00 X Other Fee to: $ Other Fee to: $ Other Fee to: ASSIGNMENT OF MORTGAGE $ 27.00 X Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Other Fee to: $ Total Prepaid Finance Charges: $ 879.03 - BORROWER - DARRELL F. SUNDAY - DATE - - BORROWER - LINDA M. SUNDAY - DATE - D 2 DOCUL82.VTX 09/09/2004 COMMERCE BANK/HARRISBURG, N.A. 100 SENATE AVENUE, CAMP HILL, PA 17011 Borrower(s): DARRELL F . SUNDAY LINDA M. SUNDAY Loan No: 002002401882 General loan parameters: Pymt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Initial Amortization Schedule Appraised Value: $418 , 000. 0 0 Sales Price: N/A Original Principal Balance: $120,000.0 0 Term in Months: 18 0 Interest Rate: 5.2 5 0 Payment Date 04/01/05 05/01/05 06/01/05 07/01/05 08/01/05 09/01/05 10/01/05 11/01/05 12/01/05 01/01/06 02/01/06 03/01/06 04/01/06 05/01/06 06/01/06 07/01/06 08/01/06 09/01/06 10/01/06 11/01/06 12/01/06 01/01/07 02/01/07 03/01/07 04/01/07 05/01/07 06/01/07 07/01/07 08/01/07 09/01/07 10/01/07 11/01/07 12/01/07 01/01/08 02/01/08 03/01/08 04/01/08 05/01/08 06/01/08 07/01/08 08/01/08 09/01/08 10/01/08 11/01/08 12/01/08 01/01/09 02/01/09 03/01/09 04/01/09 05/01/09 06/01/09 07/01/09 08/01/09 09/01/09 10/01/09 11/01/09 12/01/09 01/01/10 02/01/10 03/01/10 . DocULAI uLLA 1.VTx 4/21/2004 Payment Interest Principal Principal & Amount Portion Portion Interest $964.65. $525.00 $439.65 $964.65 $964.65 $523.08 $441.57 $964.65 $964.65 $521.14 $443.51 $964.65 $964.65 $519.20 $445.45 $964.65 $964.65 $517.26 $447.39 $964.65 $964.65 $515.30 $449.35 $964.65 $964.65 $513.33 $451.32 $964.65 $964.65. $511.36 $453.29 $964.65 $964.65 $509.37 .$455.28 $964.65 $964.65 $507.38 $457.27 $964.65 $964.65 $505.38 $459.27 $964.65 $964.65 $503.37 $461.28 $964.65 $964.65 $501.35 $463.30 $964.65 $964.65 $499.33 $465.32 $964.65 $964.65 $497.29 $467.36 $964.65 $964.65 $495.25 $469.40 $964.65 $964.65 $493.19 $471.46 $964.65 $964.65 $491.13 $473.52 $964.65 $964.65 $489.06 $475.59 $964.65 $964.65 $486.98 $477.67 $964.65 $964.65 $484.89 $479.76 $964.65 $964.65 $482.79 $481.86 $964.65 $964.65 $480.68 $483.97 $964.65 $964.65 $478.56 $486.09 $964.65 $964.65 $476.44 $488.21 $964.65 $964.65 $474.30 $490.35 $964.65 $964.65 $472.16 $492.49 $964.65 $964.65 $470.00 $494.65 $964.65 $964.65 $467.84 $496.81 $964.65 $964.65 $465.66 $498.99 $964.65 $964.65 $463.48 $501.17 $964.65 $964.65 $461.29. $503.36 $964.65 $964.65 $459.09 $505.56 . $964.65 $964..65 $456.87 $507.78 $964.65 $964.65 $454.65 $510.00 $964.65 $964.65 $452.42 $512.23 $964.65 $964.65 $450.18 $514.47 $964.65 $964.65 $447.93 $516.72 $964.65 $964.65 $445.67. $518.98 $964.65 $964.65 $443.40 $521.25 $964.65 $964.65 $441.12 $523.53 $964.65 $964.65 $438.83 $525.82 $964.65 $964.65 $436.53. $528.12 $964.65 $964.65 $434.22 $530.43 $964.65 $964.65 $431.90 $532.75 $964.65 $964.65. $429.57 $535.08 $964.65 $964.65 $427.22 $537.43 $964.65 $964.65 $424.87 $539.78 $964.65 $964.65 $422.51 $542.14 . $964.65 $964.65 $420.14 $544.51 $964.65 $964.65 $417.76 $546.89 $964..65 $964.65 $415.37 $549.28 $964.65 $964.65 $412.96 $551.69 $964.65. $964.65 $410.55 $554.10 $964.65 $964.65 $408.12 $556.53 $964.65 $964.65 $405.69 $558.96 $964.65 $964.65 $403.24 $561.41 $964.65 $964.65 $400.79.. $563.86 $964.65 $964.65 $398.32 $566.33 $964.65 $964.65 $395.84 $568.81 $964.65. PAGE 1 OF 3 Interest Paid $525.00 $1,048.08 $1,569.22 $2,088.42 $2,605.68 $3,120.98. $3,634.31 $4,145.67 $4,655.04 $5,162.42 $5,667.80 $6,171.17 $6,672.52 $7,171.85 $7,669.14 $8,164.39 $8,657.58 $9,148.71 $9,637.77 $10,124.75 $10,609.64 $11,092.43 $11,573.11 $12,051.67 $12,528.11 $13,002.41 $13,474.57 $13,944.57 $14,412.41 $14,878.07 $15,341.55 $15,802.84 $16,261.93 $16,718.80 $17,173.45 $17,625.87 $18,076.05 $18,523.98 $18,969.65 $19,413.05 $19,854.17 $20,293.00 $20,729.53 $21,163.75 $21,595.65 $22,025.22 $22,452.44 $22,877.31 $23,299.82 $23,719.96 $24,137.72 $24,553.09 $24,966.05 $25,376.60 $25,784.72 $26,190.41 $26,593.65 $26,994.44 $27,392.76 $27,788.60 Remaining Balance $119,560.35 $119,118.78 $118,675.27 $118,229.82 $117,782.43 $117,333.08 $116,881.76 $116,428.47 $115,973.19 $115,515.92 $115,056.65 $114,595.37 $114,132.07 $113,666.75 $113,199.39 $112,729.99 $112,258.53 $111,785.01 $111,309.42 $110,831.75 $110,351.99 $109,870.13 $109,386.16 $108,900.07 $108,411.86 $107,921.51 $107,429.02 $106,934.37 $106,437.56 $105,938.57 $105,437.40 $104,934.04 $104,428.48 $103,920.70 $103,410.70 $102,898.47 $102,384.00 $101,867.28 $101,348.30 $100,827.05 $100,303.52 $99,777.70 $99,249.58 $98,719.15 $98,186.40 $97,651.32 $97,113.89 $96,574.11 $96,031.97 $95,487.46 $94,940.57 $94,391.29 $93,839.60 $93,285.50 $92,728.97 $92,170.01 $91,608.60 $91,044.74 $90,478.41 $89,909.60 Resulting LTV 28.60 28.50 28.39 28.28 28.18 28.07 27.96 27.85 27.74 27.64 27.53 27.42 27.30 27.19 27.08 26.97 26.86 26.74 26.63 26.51 26.40 26.28 26.17 26.05 25.94 25.82 25.70 25.58 25.46 25.34 25.22 25.10 24.98 24.86 24.74 24.62 24.49 24.37 24.25 24.12 24.00 23.87 23.74 23.62 23.49 23.36 23.23 23.10 22.97 22.84 22.71 22.58 22.45 22.32 22.18 22.05 21.92 21.78 21.65 21.51 Pymt Payment # Date 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103. 104 105 106 107 108 109 110 111 112 113 114. 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 04/01/10 05/01/10 06/01/10 07/01/10 08/01/10 09/01/10 10/01/10 11/01/10 12/01/10 01/01/11 02/01/11 03/01/11. 04/01/11 05/01/11 06/01/11 07/01/11 08/01/11 09/01/11 10/01/11 11/01/11 12/01/11 01/01/12 02/01/12 03/01/12 04/01/12 05/01/12 06/01/12 07/01/12 08/01/12 09/01/12 10/01/12 11/01/12 12/01/12 01/01/13 02/01/13 03/01/13 04/01/13 05/01/13 06/01/13 07/01/13 08/01/13 09/01/13 10/01/13 11/01/13 12/01/13 01/01/14 02/01/14 03/01/14 04/01/14 05/01/14 06/01/14 07/01/14 08/01/14 09/01/14 10/01/14 11/01/14 12/01/14 01/01/15 02/01/15 03/01/15 04/01/15 05/01/15 06/01/15 07/01/15 08/01/15 09/01/15 10/01/15 11/01/15 12/01/15 01/01/16 02/01/16 03/01/16 04/01/16 05/01/16 06/01/16 07/01/16 08/01/16 09/01/16 10/01/16 11/01/16 DOCULAK2.VTX 4/14/2004 Payment Amount $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 Interest . Principal Portion Portion $393.35 $390.86 $388.34 $385.82 $383.29 $380.75 $378.19 $375.63 $373.05 $370.46 $367.86 $365.25 $362.63 $360.00 $357.35 $354.69 $352.02 $349.34 $346.65 $343.95 $341.23 $338.51 $335.77 $333.01 $330.25 $327.48 $324.69 $321.89 $319.08 $316.25 $313.42 $310.57 $307.70 $304.83 $301.94 $299.04 $296.13 $293.21 $290.27 $287.32 $284.36 $281.38 $278.39 $275.39 $272.37 $269.34 $266.30 $263.25 $260.18 $257.10 $254.00 $250.89 $247.77 $244.63 $241.48 $238.32 $235.14 $231.95 $228.74 $225.52 $222.29 $219.04 $215.78 $212.50 $209.21 $205.91 $202.59 $199.25 $195.91 $192.54 $189.16 $185.77 $182.36 $178.94 $175.50 $172.05 $168.5.8 $165.10 $161.60 $158.09 $571.30 $573.79 $576.31 $578.83 $581.36 $583.90 $586.46 $589.02 $591.60 $594.19 $596.79 $599.40 $602.02 $604.65. $607.30 $609.96 $612.63. $615.31 $618.00 $620.70 $623.42 $626.14 $628.88 $631.64 $634.40 $637.17 $639.96 $642.76 $645.57 $648.40 $651.23 $654.08 $656.95 $659.82 $662.71 $665.61 $668.52 $671.44 $674.38 $677.33 $680.29 $683.27 $686.26 $689.26 $692.28 $695.31 $698.35 $701.40 $704.47 $707.55 $710.65 $713.76 $716.88 $720.02 $723.17 $726.33 $729.51 $732.70 $735.91 $739.13 $742.36 $745.61 $748.87 $752.15 $755.44 $758.74 $762.06 $765.40 $768.74 $772.11 $775.49 $778.88 $782.29 $785.71 $789.15 $792.60 $796.07 $799,.55 $803.05 $806.56 Principal & Interest $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 PAGE 2 OF 3 Interest Paid $28,181.95 $28,572.81 $28,961.15 $29,346.97 $29,730.26 $30,111.01 $30,489.20 $30,864.83 $31,237.88 $31,608.34 $31,976.20 $32,341.45. $32,704.08 $33,064.08 $33,421.43 $33,776.12 $34,128.14 $34,477.48 $34,824.13 $35,168.08 $35,509.31 $35,847.82 $36,183.59 $36,516.60 $36,846.85 $37,174.33 $37,499.02 $37,820.91 $38,139.99 $38,456.24 $38,769.66 $39,080.23 $39,387.93 $39,692.76 $39,994.70 $40,293.74 $40,589.87 $40,883.08 $41,173.35 $41,460.67 $41,745.03 $42,026.41 $42,304.80 $42,580.19 $42,852.56 $43,121.90 $43,388.20 $43,651.45 $43,911.63 $44,168.73 $44,422.73 $44,673.62 $44,921.39 $45,166.02 $45,407.50 $45,645.82 $45,880.96. $46,112.91 $46,341.65 $46,567.17 $46,789.46 $47,008.50 $47,224.28 $47,436.78 $47,645.99 $47,851.90 $48,054.49 $48,253.74 $48,449.65 $48,642.19 $48,831.35 $49,017.12 $49,199.48 $49,378.42 $49,553.92 $49,725.97 $49,894.55 $50,059.65. $50,221.25 $50,379.34 Remaining Balance $89,338.30 $88,764.51 $88,188.20 $87,609.37 $87,028.01 $86,444.11 $85,857.65 $85,268.63 $84,677.03 $84,082.84 $83,486.05 $82,886.65 $82,284.63 $81,679.98 $81,072.68 $80,462.72 $79,850.09 $79,234.78 $78,616.78 $77,996.08 $77,372.66 $76,746.52 $76,117.64 $75,486.00 $74,851.60 $74,214.43 $73,574.47 $72,931.71 $72,286.14 $71,637.74 $70,986..51 $70,332.43 $69,675.48 $69,015.66 $68,352.95 $67,687.34 $67,018.82 $66,347.38 $65,673.00 $64,995.67 $64,315.38 $63,632.11 $62,945.85 $62,256.59 $61,564.31 $60,869.00 $60,170.65 $59,469.25 $58,764.78 $58,057.23 $57,346.58 $56,632.82 $55,915.94 $55,195.92 $54,472.75 $53,746.42 $53,016.91 $5.2,284.21 $51,548.30 $50,809.17 $50,066.81 $49,321.20 $48,572.33 $47,820.18 $47,064.74 $46,306.00 $45,543.94 $44,778.54 $44,009.80 $43,237.69 $42,462.20 $41,683.32 $40,901.03 $40,115.32 $39,326.17 $38,533.57 $37,737.50 $36,937.95 $36,134.90 $35,328.34 Resulting LTV 21.37 21.24 21.10 20.96 20.82 20.68 20.54 20.40 20.26 20.12 19.97 19.83 19..69 19.54 19.40 19.25 19.10 18.96 18.81 18.66 18.51 18.36 18.21 18.06 17.91 17.75 17.60 17.45 17.29 17.14 16.98 16.83 16.67 16.51 16.35 16.19 16.03 15.87 15.71 15.55 15.39 15.22 15.06 14.89 14.73 14.56 14.39 14.23 14.06 13.89 13.72 13.55 13.38 13.20 13.03 12.86 12.68 12.51 12.33 12.16 11.98 11.80 11.62 11.44 11.26 11.08 10.90 10.71 10.53 10.34 10.16 9.97 9.78 9.60 9.41 9.22 9.03 8.84 8.64 8.45 Pymt Payment Payment Interest Principal Principal & # Date Amount Portion Portion Interest 141 12/01/16 $964.65 $154.56 $810.09 $964.65 142 01/01/17 $964.65 $151.02 $813.63 $964.65 143 02/01/17 $964.65 $147.46 $817.19 $964.65 144 03/01/17 $964.65 $143.88 $820.77 $964.65 145 04/01/17 $964.65 $140.29 $824.36 $964.65 146 05/01/17 $964.65 $136.69 $827.96 $964.65 147 06/01/17 $964.65 $133.06 $831.59 $964.65 148 07/01/17. $964.65 $129.42 $835.23 $964.65 149 08/01/17 $964.65 $125.77 $838.88 $964.65 150 09/01/17 $964.65 $122.10 $842.55 $964.65 151 10/01/17 $964.65 $118.41 $846.24 $964.65 152 11/01/17 $964.65 $114.71 $849.94 $964.65 153 12/01/17 $964.65 $110.99 $853.66 $964.65 154 01/01/18 $964.65 $107.26 $857.39 $964.65 155 02/01/18 $964.65 $103.51 $861.14 $964.65 156 03/01/18 $964.65 $99.74 $864.91 $964.65 15704/01/18 $964.65 $95.96 $868.69 $964.65 158 05/01/18 $964.65 $92.16 $872.49 $964.65 159 06/01/18 $964.65 $88.34 $876.31 $964.65 160 07/01/18 $964.65 $84.50 $880.15 $964.65 161 08/01/18 $964.65 $80.65 $884.00 $964.65 162 09/01/18 $964.65 $76.79 $887.86 $964.65 163 10/01/18 $964.65 $72.90 $891.75 $964.65 164 11/01/18 $964.65 $69.00 $895.65 $964.65 165 12/01/18 $964.65 $65.08 $899.57 $964.65 166 01/01/19 $964.65 $61.15 $903.50 $964.65 167 02/01/19 $964.65 $57.19 $907.46 $964.65 168 03/01/19 $964.65 $53.22 $911.43 $964.65 169 04/01/19 $964.65 $49.24 $915.41 $964.65 170 05/01/19 $964.65 $45.23 $919.42 $964.65 171 06/01/19 $964.65 $41.21 $923.44 $964.65 172 07/01/19 $964.65 $37.17 $927.48 $964.65 173 08/01/19 $964.65 $33.11 $931.54 $964.65 174 09/01/19 $964.65 $29.04 $935.61 $964.65 175 10/01/19 $964.65 $24.94 $939.71 $964.65 176 11/01/19 $964.65 $20.83 $943.82 $964.65 177 12/01/19 $964.65 $16.70 $947.95 $964.65 178 01/01/20 $964.65 $12.55 $952.10 $964.65 179 02/01/20 $964.65 $8.39 $956.26 $964.65 180 03/01/20 $965.42 $4.21 $961.21 $965.42 Interest Paid $50,533.90 $50,684.92 $50,832.38 $50,976.26 $51,116.55 $51,253.24 $51,386.30 $51,515.72 $51,641.49 $51,763.59 $51,882.00 $51,996:71 $52,107.70 $52,214.96 $52,318.47 $52,418.21 $52,514.17 $52,606.33 $52,694.67 $52,779.17 $52,859.82 $52,936.61 $53,009.51 $53,078.51 $53,143.59 $53,204.74. $53,261.93 $53,315.15 $53,364.39 $53,409.62 $53,450.83 $53,488.00 $53,521.11 $53,550.15 $53,575.09 $53,595.92 $53,612.62 $53,625.17 $53,633.56 $53,637.77 Remaining Balance $34,518.25 $33,704.62 $32,887.43 $32,066.66 $31,242.30 $30,414.34 $29,582.75 $28,747.52 $27,908.64 $27,066.09 $26,219.85 $25,369.91 $24,516.25 $23,658.86 $22,797.72 $21,932.81 $21,064.12 $20,191.63 $19,315.32 $18,435.17 $17,551.17 $16,663.31 $15,771.56 $14,875.91 $13,976..34 $13,072.84 $12,165.38 $11,253.95 $10,338.54 $9,419.12 $8,495.68 $7,568.20 $6,636.66 $5,701.05 $4,761.34 $3,817.52 $2,869.57 $1,917.47 $961.21 $0.00 Resulting LTV 8.26 8.06 7.87 7.67 7.47 7.28 7.08 6.88 6.68 6.48. 6.27 6.07 5.87 5.66 5.45 5.25 5.04 4.83 4.62 4.41 4.20 3.99 3.77 3.56 3.34 3.13 2.91 2.69 2.47 2.25 2.03 1.81 1.59 1.36 1.14 0.91 0.69 0.46 0.23 0.00 THIS AMORTIZATION SCHEDULE IS BASED ON THE TERMS SET FORTH ABOVE AND ASSUMES THAT PAYMENTS ARE MADE AS SCHEDULED AND THAT NO PREPAYMENTS OCCUR PRIOR TO THE MATURITY DATE OF THE LOAN. IT IS PROVIDED AS AN EXAMPLE ONLY IF IT IS FOR AN ADJUSTABLE RATE MORTGAGE LOAN, IT ASSUMES HYPOTHETICAL INTEREST RATE AND PAYMENT CHANGES THAT MAY DIFFER FROM ACTUAL CHANGES. - BORROWER - DARRELL F. SUNDAY - DATE - - BORROWER - LINDA M. SUNDAY - DATE - DOCULAK3 DOCULAKVTX 4/14/2004 PAGE 3 OF 3 EXHIBIT "C" 1/74 13 PAY TO THE ORDER OF GWEN D. SUNDAY 1 HOOVER ROAD (� CARLISLE, PA 170150,908812 ♦• A • • 1 13 DATE 2145 ®Shield' t $ VI, ."15 C1 WM&TBank Spring Garden Office MEMOikC7 ik2b024©I882-O ':03L30295SI: 267404 Ili i 211' 2145 DOLLARS 8 FF LIFIN a 911N1-4 Cra EXHIBIT "D" ' Equifax Personal Solutions: Credit Reports, Credit Scores. Protection... https://www.econsumer.equifax.corn/otc/viewPopUpDetail.ehtml?pro... Debt to Credit Ratio by Account Type NOTE: Total may not equal 100% due to rounding. Account Age Usually, it is a good idea to keep your oldest credit account open, as a high average account age generally demonstrates stability to lenders. Also, especially if you have been managing credit for a short time, opening many new accounts will lower your average account age and may have a negative impact. Length of Credit History Average Account Age Oldest Account Most Recent Account 22 Years, 6 Months 9 Years, 11 Months BANK OF AMERICA (Opened 03/13/1991) CAPITAL ONE AUTO FIN (Opened 12/03/2011) Inquiries - Requests for your Credit History Numerous inquires on your credit file for new credit may cause you to appear risky to lenders, so it is usually better to only seek new credit when you need it. Typically, lenders distinguish between inquiries for a single loan and many new loans in part by the length of time over which the inquiries occur. So, when rate shopping for a loan it's a good idea to do it within a focused period of time. Inquiries in the Last 2 Years 2 Most Recent Inquiry CAPITAL ONE AUTO FIN (11/17/11) Potentially Negative Information Late payments, collections and public records can have a negative impact on your credit standing. The more severe and recent they are, the more negative the potential impact might be. Public Records Negative Accounts Collections 0 0 0 Mortgage Accounts Mortgage accounts include first mortgages, home equity loans, and any other loans secured by real estate you own. Open Accounts Account Name Account Number Date Opened Balance Date Past Reported . Due CITIBANK, N.A. 6100548-271422X000( 12/12/2007 $249,609 08/30/2013 Status . PAYS AS AGREED Credit Limit $255,000 2 of 22 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores. Protection... https://www.econsumer.equifax.com/otc/viewPopUpDetail.ehtml?pro... Account Name Account Number CITIBANK N.A. PO Box 769006 San Antonio, TX -782459006 (800) 685-0935 Account Number: Account Owner: Type of Account : Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date Opened Balance Date Reported 6100548-271422)0(XX Status: Individual Account. Line of Credit 12/12/2007 08/30/2013 08/2013 $557 Date of First Delinquency: N/A Comments: 81 -Month Payment History Year Jan Feb Mar 2013 2012 2011 2010 2009 2008 2007 * * * * * * CITIMORTGAGE 200240XXXX CITIMORTGAGE PO Box 6243 Sioux Falls, SD -571176243 (800) 283-7918 Account Number: Account Owner: 3 of 22 Credit line suspended, Variable adjustable Rate Apr May * * High Credit: Credit Limit: Terms Frequency: Past Status Due Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Activity Designator: Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Limit PAYS AS AGREED $253,994 $255,000 Monthly (due every month) $249,609 $600 08/2013 68 N/A Home Equity Line of Credit Jun Jul Aug Sep Oct Nov * * * 01/28/2005 $63,038 08/31/2013 200240XXXX Joint Account Status: High Credit: * PAYS AS AGREED Dec PAYS AS AGREED $120,000 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Num Type of Account E: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: :Date of First Delinquency: Comments: ber Mortgage 15 Years Date Opened 01/28/2005 08/31/2013 08/2013 $964 N/A Fannie Mae account 81 -Month Payment History Year Jan Feb Mar Apr 2013 2012 2011 2010 2009 2008 2007 2006 Closed Accounts Account Name Account Number HARRIS SAVINGS 5008XXXX ASSOC HARRIS SAVINGS ASSOCIATION SECOND & PINE STREETS HARRISBURG, PA -19105 (717) 236-4041 Account Number: Account Owner: Type of Account Term Duration: 4 of 22 May https://www.econsumer.equifax.com/otc/viewPopUpDetail. ehtml?pro... Balance Date Reported Credit Limit: Terms Frequency: Past Status Due Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Activity Designator: Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Jun Jul Aug Sep Oct * * * Date Opened 06/01/1996 5008XXXX Joint Account Mortgage 30 Years * * * * * Credit Limit Monthly (due every month) $63,038 $964 08/2013 99 N/A Conventional RE Mortgage Nov :Dec * BalanceDate Pa Reported Due Status SO 02/01/2005 PAYS AS AGREED Status: High Credit: Credit Limit: Terms Frequency: PAYS AS AGREED $100,000 Credit Limit Monthly (due every month) 11/21/2013 11:05 AM - Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... https://www.econsumerequifax.com/otc/viewPopUpDetail.ehtml?pro... Account Name Account Number Date Opened Date Opened: 06/01/1996 iDate Reported: 02/01/2005 iDate of Last Payment:. 01/2005 Scheduled Payment Amount: $656 • Date Major Delinquency First 'Reported: • Date Balance Reported Past Due Status : Balance: SO Amount Past Due: Actual Payment Amount: $656 Date of Last Activity: 12/2004 ' Months Reviewed: 99 Credit Limit .Creditor Classification: : Activity Designator: Transfer/Sold Charge Off Amount: Deferred Payment Start Date: • Balloon Payment Amount: Balloon Payment Date: "Date Closed: 02/2005 Type of Loan: Conventional RE Mortgage Date of First Delinquency: N/A . . . . Comments: - • -". .. .., _ .... . 81 -Month Payment History, No 81 -Month Payment Data available for display. SOVEREIGN 617406681709XXXX 07/01/1998 $0 03/01/2005 PAYS AS BANK AGREED • SOVEREIGN BANK PO Box 12646 Reading, PA -196122646 (215) 320-8400 Account Number: • ' 617406681709XXXX Status: PAYS AS AGREED Account Owner: IndiVidual Account. High Credit: $30,000 ;Type of Account [a: Nfortgage Credit Limits' • . Term Duration: 10 Years Terms Frequency: Date Opened: . 07/01/1998 Date Reported: 03/01/2005 Date of Last Payment: 'Scheduled Payment Amount: $364 Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: • Balloon Payment Amount: Date Closed: 02/2005 RE Mortgage Date of First Delinquency: N/A Comments: Balance: Amount Past Due: Actual Payment Amount: Date of Last Attivity: Months Reviewed: • . . . . . Activity Designator: Deferred Payment Start Date: Balloon Payment Date: Type of Lban: Monthly (due every month) $0 N/A N/A • Paid and Closed Conventional 5 of 22 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Closed Accounts Account Name Account Number AMERICAN HONDA 1677XXXX FINAN AMERICAN HONDA FINANCE 200 Continental Dr Newark, DE -197134334 (800) 916-9930 Account Number: Account Owner: Type of Account T: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: NIA Comments: 1677XXXX Co -maker Installment 48 Months 05/01/2001 09/01/2006 06/2005 S566 06/2005 https://www.econsumer.equifax.com/otc/viewPopUpDetail. ehtml?pro. _. Date Date Balance Opened Reported 05/01/2001 $0 09/01/2006 81 -Month Payment History No 81 -Month Payment Data available for display. Status: High Credit: Credit Limit: Terms Frequency: Past Due Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Activity Designator: Status PAYS AS AGREED Deferred Payment Start Date: Balloon Payment Date: Type of Loan: HARRIS SAVINGS 175100XXXX 07/01/1998 $0 ASSOC HARRIS SAVINGS ASSOCIATION SECOND & PINE STREETS HARRISBURG, PA -19105 (717) 236-4041 Account Number: 175100XXXX Account Owner: Type of Accounts: Term Duration: Individual Account. Installment 120 Months Date Opened: 07/01/1998 Status: 02/01/2005 High Credit: Credit Limit: Terms Frequency: Balance: PAYS AS AGREED $24,617 Credit Limit Monthly (due every month) $0 $566 06/2005 19 Paid and Closed Auto PAYS AS AGREED PAYS AS AGREED $30,000 Monthly (due every month) $0 '7 of 22 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores. Protection... https://www.econsumer.equifax.com/otc/viewPopUpDetail.ehtml?pro... Account Name Account Number Date Balance Date Past Status Opened Reported Due Date Reported: 02/01/2005 Amount Past Due: Date of Last Payment: 01/2005 Actual Payment Amount: $364 Scheduled Payment Amount: $364 Date of Last Activity: 12/2004 Date Major Delinquency First Months Reviewed: 78 Reported: Creditor Classification: Activity Designator: Transfer/Sold Charge Off Amount: Deferred Payment Start Date: Balloon Payment Amount: Balloon Payment Date: Date Closed: 02/2005 Type of Loan: Secured Date of First Delinquency: N/A Comments: Credit Limit 81 -Month Payment History No 81 -Month Payment Data available for display. MANUFACTURES & 1000019163824XXXX 06/01/1999 $0 12/01/2003 PAYS AS TRADE AGREED M & T BANK Attn: Cbd Team PO Box 900 Millsboro, DE -199660900 (800) 724-2440 Account Number: 1000019163824XXXX Status: PAYS AS AGREED Account Owner: Joint Account High Credit: $12,623 Type of Account 1: Installment Credit Limit: Term Duration: Terms Frequency: Date Opened: 06/01/1999 Balance: $0 Date Reported: 12/01/2003 Amount Past Due: Date of Last Payment: 12/2003 Actual Payment Amount: Scheduled Payment Amount: $266 Date of Last Activity: 12/2003 Date Major Delinquency First Months Reviewed: 54 Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: N/A Comments: 81 -Month Payment History No 81 -Month Payment Data available for display. Activity Designator: Paid and Closed Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Auto 8 of 22 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports; Credit Scores. Protection... https:// ww.econsumer equifax.com/otc/viewPopUpDetail.ehtml?pro... Account Name Account Number RBS, CITIZENS N.A. 271811XXXX CITIZENS BANK 1 Citizens Dr Riverside, RI -029153019 Account Number: Account Owner: Type of Account D: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: Comments: 81 -Month Payment History Year Jan Feb Mar 2010 2009 2008 2007 2006 Date Opened Balance Date Reported Past Due Status 06/01/2006 SO 10/01/2010 PAYS AS AGREED 271811 XXXX Joint Account Installment 60 Months 06/01/2006 10/01/2010 10/2010 $351 10/2010 N/A US BANCORP 51059XXXX US BANK 425 Walnut St Cincinnati, OH -452023956 (800) 331-4738 Account Number: Account Owner: Type of Account W: Apr May * * Status: High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Activity Designator: Deferred Payment Start Date: Balloon Payment Date: Type of Loan: PAYS AS AGREED 317,700 Credit Limit Monthly (due every month) 30 $180 10/2010 52 Paid and Closed Auto Jun Jul Aug Sep Oct Nov Dec * 51059XXXX 12/01/2003 $0 Joint Account Installment 12/01/2008 Status: High Credit: Credit Limit: PAYS AS AGREED PAYS AS AGREED $32,114 9 of 22 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number Term Duration: 60 Months Date Opened: 12/01/2003 Date Reported: 12/01/2008 Date of Last Payment: 12/2008 Scheduled Payment Amount: $597 Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: Comments: 12/2008 N/A Date Opened 81 -Month Payment History No 81 -Month Payment Data available for display. https://vww.econsumer.equifax.com/otctviewPopUpDetail.ehtml?pro... Balance Date Reported Terms Frequency: Past Due Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Status Credit Limit Monthly (due every month) $0 $570 12/2008 56 Activity Designator: Paid and Closed Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Auto ?Back to Top Revolving Accounts Revolving accounts are charge accounts that have a credit limit and require a minimum payment each month, such as most credit cards. Open Accounts Account Name Account Number AMERICAN EXPRESS AMERICAN EXPRESS PO Box 981537 El Paso, TX -799981537 (800) 874-2717 Date Opened Balance Date Reported -349991666646XXXX 04/02/2009 $8,595 09/16/2013 Account Number:-349991666646XXXX Account Owner: Type of Account 0: Term Duration: Date Opened: Date Reported: Individual Account. Revolving 04/02/2009 09/16/2013 Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Status: Past Due High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Status PAYS AS AGREED PAYS AS AGREED $8,595 $10,000 $8,595 09/2013 24 Credit Limit $10,000 10 of 22 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: Comments: 81 -Month Payment History Year Jan Feb :Mar 2013 2012 2011 2010 2009 N/A Date Opened https://www.econsumer.equifax.com/otc/viewPopUpDetail. ehtml?pro... Balance Date Reported Past Status Due Activity Designator: N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Limit Credit Card Apr :May :Jun Jul Aug Sep Oct :Nov * BANK OF AMERICA 546632033123X00X 03/13/1991 $23,536 09/11/2013 BANK OF AMERICA P.O. Box 982235 EI Paso, TX -799982235 Account Number: Account Owner: Type of Account : Term Duration: Date Opened: Date Reported: 546632033123XXXX Status: Individual Account. Revolving 03/13/1991 09/11/2013 Date of Last Payment: 09/2013 Scheduled Payment Amount: $517 Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: Comments: 81 -Month Payment History Year Jan Feb Mar 2013 * 11 of 22 * * N/A High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Dec * PAYS AS $35,700 AGREED Activity Designator: Deferred Payment Start Date: Balloon Payment Date: Type of Loan: PAYS AS AGREED $24,573 $35,700 Monthly (due every month) $23,536 $500 09/2013 99 N/A Credit Card Apr May Jun Jul Aug Sep :Oct Nov * Dec 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number Year 2008 2007 2006 Jan Feb Mar Apr * * Date Opened May Jun * lrttps://w w.econsumer.equifax.com/otchviewPopUpDetail.ehtml?pro... Balance Date Reported Jul Aug Sep * * * CAPITAL ONE BANK 480213982947XXXX 11/28/2006 $19,711 09/13/2013 USA CAPITAL ONE PO Box 30281 Salt Lake City, UT -841300281 Account Number: 480213982947XXXX Account Owner: Individual Account. Type of Account 0: Revolving Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: 11/28/2006 09/13/2013 09/2013 $276 Date of First Delinquency: N/A Comments: 81 -Month Payment History Year Jan Feb Mar Apr 2013 2012 2011 2010 2009 2008 * 2007 * 2006 13 of 22 * * * * May Jun * Status: High Credit: Credit Limit: Terms Frequency: Past Status Due Oct Nov * Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Credit Limit Dec * * PAYS AS $20,000 AGREED Activity Designator: Deferred Payment Start Date: Balloon Payment Date: Type of Loan: PAYS AS AGREED $20,168 $20,000 Monthly (due every month) $19,711 $300 09/2013 71 N/A Business Credit Card (individual has primary responsibility) Sep Oct Nov Dec * * * * * 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scores. Protection... https:// ww.econsumer.equifax.core/otc/viewPopUpDetail.ehtml?pro... Account Name Account Number CAPITAL ONE BANK 529149758822XXXX USA CAPITAL ONE PO Box 30281 Salt Lake City, UT -841300281 Account Number: Account Owner: Type of Account U: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: N/A Comments: Date Balance Date Opened Reported 06/08/2001 $16,867 08/21/2013 529149758822XXXX Status: Individual Account. Revolving 06/08/2001 08/21/2013 08/2013 $318 81 -Month Payment History Year 2013 2012 2011 2010 2009 2008 2007 2006 Jan Feb Mar High Credit: Credit Limit: Terms Frequency: Past Due Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Status PAYS AS AGREED Activity Designator: Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Limit $20,000 PAYS AS AGREED $19,809 $20,000 Monthly (due every month) $16,867 $400 08/2013 99 N/A Credit Card Apr May Jun Jul Aug Sep Oct Nov * * * * * * Dec * * * * * * * * CHASE BANK USA, 518445007010XXXX 04/01/1999 $0 NA Chase Card Services PO Box 15298 Wilmington, DE -198505298 (800) 955-9900 Account Number: 518445007010XXXX Status: 09/10/2013 PAYS AS $12,000 AGREED PAYS AS AGREED 14 of 22 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number Account Owner: Type of Account d: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: N/A Comments: Date Opened Individual Account. Revolving 04/01/1999 09/10/2013 12/2007 81 -Month Payment History Year Jan Feb Mar 2013 * 2012 2011 2010 2009 2008 2007 2006 * * * * DISCOVER FINANCIAL S https://w w.econsumer.equifax.com/otc/viewPopUpDetail.ehtml?pro... Balance Date Reported Past Credit Status Due Limit High Credit: $6.675 Credit Limit: $12,000 Terms Frequency: Monthly (due every month) Balance: $0 Amount Past Due: Actual Payment Amount: Date of Last Activity: 12/2007 Months Reviewed: 99 Activity Designator: N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Card Apr May Jun Jul Aug Sep Oct Nov Dec * * * * * 601100267182XXXX 01/14/2008 $5,245 09/11/2013 DISCOVER FINANCIAL SVCS LL PO Box 15316 Wilmington, DE -198505316 Account Number: Account Owner: Type of Account �J: Term Duration: Date Opened: Date Reported: Date of Last Payment: 15 of 22 601100267182XXXX Status: Individual Account. Revolving 01/14/2008 09/11/2013 09/2013 High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: * PAYS AS 87,700 AGREED PAYS AS AGREED $6,833 $7,700 Monthly (due every month) $5,245 11/21/2013 11:05 AM - Equifax Personal Solutions: Credit Reports, Credit Scores,. Protection... Account Name Account Number Scheduled Payment Amount: $105 Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date•of First Delinquency: N/A Comments: 81 -Month Payment History Year Jan Feb Mar 2013 * 2012 * 2011 * 2010 2009 * 2008 * * * * * * * * * Date Opened hitps://ww w.econsumer.equifax.com/otc/viewPopUpDetail.ehtml?pro... Balance Date Reported Date of Last Activity: Months Reviewed: Past Due Status Activity Designator: Deferred Payment Start Date: Balloon Payment Date: Type of Loan: 09/2013 68 N/A Credit Limit Credit Card Apr May Jun Jul Aug Sep Oct Nov Dec * GECRB/GE CAPITAL 602052241710XXXX 10/03/2011 $0 SPO GECRB/GE CAPITAL SPORT C/0 P.O. BOX 965036 ORLANDO, FL -32896-5036 (866) 396-8254 Account Number: Account Owner: Type of Account [d: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: * 602052241710XXXX Status: Individual Account. Revolving 10/03/2011 09/08/2013 02/2012 Date of First Delinquency: N/A 09/08/2013 High Credit: Credit Limit: Terms Frequency: * Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Activity Designator: Deferred Payment Start Da Balloon Payment Date: Type of Loan: PAYS AS $2,000 AGREED PAYS AS AGREED $1,217 $2,000 Monthly (due every month) $0 02/2012 23 N/A e: Charge Account 16 of 22 11/21/2013 11:05 AM ' Equifax Personal Solutions: Credit Reports, Credit Scores, Protection.. Account Name Account Number Comments: 81 -Month Payment History Year Jan Feb Mar Apr May Jun Jul Aug Date Opened https://www.econsumer.equifax.com/otc/viewPopUpDetail. ehtml?pro... Balance Date Reported 2013 2012 2011 * * * * * GECRB/SLEEPYS 601919100536XXXX 11/02/2007 $0 GEC RB/SLEEPYS C/O PO. BOX 965036 ORLANDO, FL -32896-5036 (866) 396-8254 Account Number: Account Owner: Type of Account Di: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: * 601919100536X0(XX Status: Individual Account. Revolving 11/02/2007 08/30/2013 06/2011 Date of First Delinquency: N/A Comments: 81 -Month Payment History Year 2013 2012 2011 2010 2009 2008 2007 17 of 22 Jan * * * Feb Mar * * * Past Status Due Credit Limit Sep Oct Nov Dec 08/30/2013 High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: PAYS AS $6,000 AGREED PAYS AS AGREED $4,132 $6,000 Monthly (due every month) $0 06/2011 69 Activity Designator: N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Charge Account Apr May Jun Jul Aug Sep Oct Nov * * * * * * * * Dec 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number KOHLS/CAPITAL ONE https://www.econsumetequifax.conilotc/viewPopUpDetail.ehtml?pro... Date Date Balance Opened Reported 639305058436XXXX 09/22/2010 $0 09/12/2013 KOHLS/CAPITAL ONE P0 Box 3115 Milwaukee, WI -532013115 Account Number: Account Owner: Type of Account La Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: 639305058436XXXX Status: Individual Account. High Credit: Revolving Credit Limit: Terms Frequency: 09/22/2010 09/12/2013 02/2013 Date of First Delinquency: N/A Comments: 81 -Month Payment History Year Jan Feb Mar 2013 2012 2011 2010 Closed Accounts * Account Name Account Number Apr May Ju Date Opened Past Due Status Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: PAYS AS AGREED Credit Limit $1,500 PAYS AS AGREED $113 51,500 Monthly (due every month) 50 02/2013 36 Activity Designator: N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Charge Account -Jul 'Aug Sep :Oct :Nov Dec * * * * Date Past Balance Status Reported Due AMERICAN -349991312464XXXX 07/01/2003 $0 04/01/2010 EXPRESS AMERICAN EXPRESS PO Box 981537 El Paso, TX -799981537 (800) 874-2717 Account Number: -349991312464XXXX Status: PAYS AS AGREED Credit Limit $16,300 PAYS AS 18 uf 22 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number Account Owner: Type of Account &J: Term Duration: Date Opened: 07/01/2003 Date Reported: 04/01/2010 Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Date Opened Terminated Revolving Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: Comments: 81 -Month Payment History Year 2010 2009 2008 2007 Jan Feb Mar 2006 2005 2004 2003 x * 04/2010 N/A Account dosed at consumers request https://wwweconsumer equifax.com/otc/viewPopUpDetail.ehtml?pro... Balance Date Reported Past Due High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Activity Designator: Status Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Limit AGREED $739 $16,300 $0 07/2009 1. Paid and Closed Credit Card Apr May Jun Jul Aug Sep Oct Nov Dec °Back to Top * Other Accounts These are all accounts that do not fall into the other categories and can include 30 -day accounts such as American Express. You have no accounts classified as "Other" on file eBack to Top Payment History Key Meaning Pays or Paid as Agreed: 30-59 Days Past Due: 30 60-89 Days Past Due: 60 90-119 Days Past Due: 90 Symbol Meaning 180+ Days Past Due: Collection Account: Foreclosure: Voluntary Surrender: 180 CA F VS Symbol 19 of 22 11/21/2013 11:05 AM - Equifax Personal Solutions: Credit Reports, Credit Scores. Protection... littps://www.econsumerequifax.com/otc/viewPopUpDetail.ehtml?pro... Meaning Symbol Meaning 120-149 Days Past Due: 120 Repossession: R 150-179 Days Past Due: 150 Charge Off: CO Symbol Inquiries A request for your credit history is called an inquiry.Inquiries remain on your credit report for two years. There are two types of inquires those that may impact your credit rating and those that do not. inquiries that may impact your credit rating These inquires are made by companies with whom you have applied for a loan or credit. Name of Company Date of Inquiry CAPITAL ONE 11/17/11 Creditor Contact Information CAPITAL ONE 15000 Capital One Dr Po # 96766 Richmond, VA 232381119 GEMB 10/02/11 Creditor Contact Information GEMS PO Box 981440 El Paso, TX 799981440 Inquiries that do not impact your credit rating These inquires include requests from employers, companies making promotional offers and your own requests to check your credit. These inquiries are only viewable by you. Company Information Date of Inquiry ND -21ST CENTURY 01/04/13 INSURANCE::3761181794 ND -BRISTOL WEST INSURANCE 12/27/12 COMPANY AR -CAPITAL ONE 07/17113 AR -CAPITAL ONE NTL ASSOC 08/19/13 PRM-CITI CARDS CBNA 04/02/13, 02/01/13, 01/04/13, 12/04/12, 10/30/12, 10/04/12 AR-CITIMORTGAGE 07/30/13 EQUIFAX 10/25/11 ND-EQUIFAX 10/24/11 Equifax Consumer Services 12/19/12 ND -Equifax Consumer Services 12/19/12 ND -Equifax Consumer Services 12/19/12 PRM -QUICKEN LOANS 10/15/12 20 of 22 11/21/2013 11:05 AM ' Equifax Personal Solutions: Credit Reports, Credit Scores. Protection.. https://www.econsumer.equifax.com/otc/viewPopUpDetail.ehtml?pro... Company Information Date of Inquiry PRM -RESIDENTIAL HOME FUNDING 06/25/13 CORP Prefix Prefix Description PRM Inquiries with this prefix indicate that only your name and address were given to a credit grantor so they can provide you a firm offer of credit or insurance. (PRM inquiries remain for twelve months.) AM or AR Inquiries with these prefixes indicate a periodic review of your credit history by one of your creditors. (AM and AR inquiries remain for twelve months.) EMPL Inquiries with this prefix indicate an employment inquiry. (EMPL inquiries remain for 24 months) Equifax or EFX Inquiries with these prefixes indicate Equifax's activity in response to your contact with us for a copy of your credit file or a research request. ND Inquiries with this prefix are general inquiries that do not display to credit grantors. (ND inquiries remain for twelve months.) ND MR Inquiries with this prefix indicate the reissue of a mortgage credit report containing information from your Equifax credit file to another company in connection with a mortgage loan. (ND MR inquiries remain for 24 months.) PR Inquiries with this prefix indicate that a creditor reviewed your account as part of a portfolio they are purchasing. (PR inquiries remain for 12 months.) 13Back to Top Negative Accounts Accounts that contain a negative account status. Accounts not paid as agreed generally remain on your credit file for 7 years from the date the account first became past due leading to the current not paid status. Late Payment History generally remains on your credit file for 7 years from the date of the late payment. You have no negative accounts on file. °Backto Top Collections A collection is an account that has been turned over to a collection agency by one of your creditors because they believe the account has not been paid as agreed. You have no Collections on file (MBack to Top Public Records Public record information includes bankruptcies, liens or judgments and comes from federal, state or county court records. You have no Public Records on file ejBack to Top Personal Information The following information is added to your file either when creditors enter requests to view your credit history, or when you report it to Equifax directly. Name: Darrell F. Sunday Social Security Number: XXX -XX -9529 Age or Date of Birth: October 21, 1955 Formerly known as: Darell F. Sunday 21 of 22 11/21/2013 11:05 AM r Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Address Information Current/Previous Street Address Current 142M8RNERGRD CARLISLE, PA 17015 Former Address 1 1215 MANOR DR APT 150 MECHANICSBURG, PA 17055 --' Former Address 2 192 HORNERS RD CARLISLE, PA 17013 Other Identification You have no other identification on file. Employment History You have no Employment 1-listory on tile. Alert(s) You have no Alerts on file. Consumer Statement You have no Consumer Statement on file. Date Reported Telephone First Reported 11/1996 Last Reported 09/17/2013 First Reported 10/2011 Last Reported 10/25/2011 First Reported 10/2011 Last Reported 10/25/2011 rpack to Top (717) 243- 590 Reported 10/2011 Dispute File Information f you believe that any ofthe iriformation found on this report is incorrect, there are 3 ways to launch an investigation about the iaformation on this report, When you fite a dispute, the credit bureau you contact is required to investigate your dispute within 30 days. They will not remove accurate data unless it is outdated or cannot be verified. To initiate a dispute online please visit https://www.aLequifax.com To check the statsvrviewxhe,cnuKnofyvu,dispuhep|eosevisithups:xww^aai.equUax.00m QQ8oukovTop ' 22 of 22 11/21/2013 11:05 AM POWERS KIRN & ASSOCIATES, LLC BY: HARRY B. REESE, ESQUIRE -PA ID # 310501 EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 TEL: (215)942-2090 CitiMortgage, Inc., ; COURT OF COMMON PLEAS:: Plaintiff/Movant, ; CIVIL DIVISION CUMBERLAND COUNTY v. 1 NO. 14 -5663 -CIVIL ATTORNEY FOR PLAINTIFF Darrell F. Sunday & Linda M. Sunday, Defendants/Respondents. ACTION IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, CitiMortgage, Inc., ("Plaintiff'), by its attorneys, Powers Kirn & Associates, LLC, moves this honorable Court for an Order granting summary judgment in favor of Plaintiff and against Defendants Darrell F. Sunday & Linda M. Sunday ("Defendants") pursuant to Pa.R.C.P. 1035 and C.C.R.P. 1035.2(a), and in support thereof states the following: 1. This is an action in mortgage foreclosure in which Plaintiff filed its Complaint on September 24, 2014. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A." 2. The Defendants filed an Answer on October 31, 2014 in which they effectively admitted all the allegations in Plaintiff's Complaint. A true and correct copy of Defendants' Answer is attached hereto as Exhibit "B." 3. The relevant pleadings are closed, there is no genuine issue as to any material fact, and therefore, Plaintiff moves the Court for the entry of summary judgment in its favor as a matter of law. 4. The Defendants have owned the premises being foreclosed without having made a regular mortgage payment since the payment due May 1, 2014. 5. The Defendants' Answer fails to respond to Plaintiff's Complaint, fails to offer any genuine issue as to any material fact, and does not contain valid defenses to the instant action in mortgage foreclosure. 6. The Defendants' Answer admits the existence of the loan that is the basis for this action, admits that the Defendants sought to refinance the loan, and admits that the Defendants are currently contemplating selling the property. 7. Plaintiff complied with the Pennsylvania pre -foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et seq.) True and correct copies of the combined Act 6/Act 91 Notices mailed to the Defendants on July 14, 2014 were attached as Exhibit "D" to Plaintiff's Complaint, and are attached hereto as Exhibit "A." 8. As set forth in Plaintiff's Complaint, Plaintiff is the current holder of the subject Mortgage by virtue of an Assignment of Mortgage recorded with the Cumberland County Recorder of Deeds. See, Exhibit "A," paragraph 3 and annexed Exhibits "A" and "B" (Copies of the Recorded Mortgage and Assignment of Mortgage.) 9. In addition to the amounts due and owing as set forth in the Complaint, additional sums due have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total amount due and owing, which sum can be calculated from the face of the Complaint, is as follows: Principal Balance $57,442.33 Interest (Accrued from 04/01/2014 to 1/03/2015) $2,278.31 Accrued Late Charges $96.46 Total Escrow (Real Estate Taxes & Water/Sewer) $11,183.87 MIP/PMI $0.00 Interest on Escrow Advance $0.00 Suspense/Credits ($0.00) TOTAL $71,000.97 WHEREFORE, Plaintiff respectfully prays that this Honorable Court grant its Motion for Summary Judgment, that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against Defendants Darrell F. Sunday & Linda M. Sunday in the amount of $71,000.97, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, POWERS KIRN & ASSOCIATES, LLC B Har C ' eese, Esquire PA Attorney ID No. 310 11 Attorney for Plaintiff/ avant EXHIBIT "A" POWERS, KIRN & ASSOCIATES, LLC Jill Manuel -Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id. No. 307968 Harry B. Reese, Esquire Id. No. 310501 Daniel C. Fanaselle, Esquire Id. No. 312292 Matthew J. McDonnell, Esquire Id. No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 (215) 942-2090 2r fiupir , Li 1:04 • .•) 4.; ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 PLAINTIFF VS, DARRELL F. SUNDAY LINDA M. SUNDAY 142 HORNERS ROAD A/K/A 142 HORNER ROAD CARLISLE, PA 17013 DEFENDANTS NOTICE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. lq_ LL3Orid COMPLAINT IN MORTGAGE FORECLOSURE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRN & ASSOCIATES, LLC Jill Manuel -Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id. No. 307968 Harry B. Reese, Esquire Id. No. 310501 Daniel C. Fanaselle, Esquire Id. No. 312292 Matthew J. McDonnell, Esquire Id. No. 313549 Eight Neshaminy Interpiex Suite 215 Trevose, PA 19053 (215) 942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 PLAINTIFF VS. DARRELL F. SUNDAY LINDA M. SUNDAY 142 HORNERS ROAD A/K/A 142 HORNER ROAD CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE 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. Darrell F. Sunday and Linda M. Sunday (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 January 28, 2005, was recorded on February 16, 2005 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1897, Page 1496. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on February 16, 2005 in the Office of Recorder of Deeds in Cumberland County in Book 715, Page 1233. A copy of the Mortgage and Assignment of Mortgage is attached and made a part hereof as Exhibits 'A' and '13'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on January 28, 2005 in the original principal amount of $120,000.00, which is payable to Plaintiff in monthly installments with an interest rate of 5.250%. A copy of the Note is attached and made a part hereof as Exhibit 'C'. 5. The land subject to the mortgage is 142 Homers Road a/k/a 142 Horner Road, Carlisle, PA 17013. 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 142 Homers Road a/k/a 142 Horner Road, Carlisle, PA 17013. 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 $57,442.33 Interest to 10/09/2014 $1,573.96 Accumulated Late Charges $96.46 Reconveyance $12.00 Release Fee $67.50 TOTAL $59,192.25 plus interest from 10/10/2014 at $8.2623 per day, costs of suit and attorney's fees. 8, Plaintiff is not seeking a judgment of personal liability (or an in personain 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 1680.403e. 11. 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. 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 $59,192.25, 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. BY: POWERS, KIRK & ASSOCIATES, LLC 1 li c ,1L3 - t ❑ Ji1 Manuel -Coughlin, Esquire Id. No. 63252 ❑ olanta 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 s AVTER RECORDING RETURN TO: COMMERCE BANK/HARRIS UlRG, N.A, 0LRMOTNE DRIVE, et7YTS 1LAMOYRB, PA 17043 ATMs •POST CLOSING PUON8 t PREPARED BYr MARCY CRAHDY COMMERCE SANK/HAR8I81317RG, N.A. 100 BRNATB AVENUE CAMP HILL, PA 17011 DEFINLTIONS ROBERT P. ZIEGLER RECORDER OF DEEDS 'aERLAt.D COUNTY- CA 20O5 FEB 16 Ail 9 01 [Space Above This Lfu For Recording Data( MORTGAGE aarrmr•• LOAN CUR _. PLNi 71•!18-0573.171 Words used in muhiple sections of this document are defined below and other words are defined in Sections 3, 11, D, 18, 20 and 21. Certain rules regarding the usage of words used in this document ere also provided in Section 16. (A) "Security instrument" means this document, which is doted aANT:ART 28, 2005 together with o11 Riders to this document. (B) "Borrower" is DARRSLL F. SUNDAY AND LINDA M. 6CNOAY, JOINT TENANCY Borrower is tho mortgagdr under this Security Instrument. (C) "Lender" is COMMERCE BANK/SAR]t1EBIIRG, N.A. Lender is rt NATIONAL A390CIATION organized and existing under the laws of PENNSYLVANIA 0 . Lender's address fa 100 SENATE AVBNIIB, CAMP HILL, PA 17011 Lender is the mortgagee under this Security Instrument, (D) "Note" means the promissory note signed by Borrower and dated JANUARY 28, 2005 The Note stares that Borrower owes Lender ONS Eluting D TWENTY THOUSAND AND 00/100 Dollars (U.S. $ 120, 000.00 ) plus interest Borrower has promised to pay lids debt in regular Periodic Payments and to pay the debt in full not Tater than (E) "Property" moans tba property that is described below under Lira heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and tato charges due under the Note, and all sums due under this Security instrument, plus interest. PENA1sV .VA,YIA-Sin;1a Fcmiilr•Fenirk MadRndd1C!4 c UNIFORM INSTRUMENT Yore: 3E09 tai rrOCVlr{r (Png" I aj1Qpages) coder»1.vrs os/asFxoor 8K 1897 PG 1496 (G) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following Riders are to be executed by Borrower [chem box as applicable]: 0 Adjustable Rate RiderCondominium Rider Seeond Horne Rider [0Halloon Rider 8 Planned Unit Developrnent Rider 0 Biweekly Payment Rider 1-4 Family Rider 0 Other(s) [specify) (i1) "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. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar rnganization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or 3fmilar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point•of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, acid automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (II) condemnation or other taking of all or any part of the Property; (iii) conveyance in llcv of condemnation; or (iv) misrepresentations of, or omissions as ro, the value and/or condition of the Property, (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due far (I) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §260I et seq.) and its implementing repletion, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instnuncnt, "RESPA" refers to all rcquiremenrs and restrictions that are Imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA, (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and)or this Security instrument. • TRANSFER OF RIGHTS (N THL' PROPERTY This Security lnstntrnent secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located In the COUNTY (Type of Recording Jurisdiction) Of CUMBRIA (Name of Recording Jurisdiction): ALL THAT CERTAIN TRACT OV LAND AND IMPROYtixdENTS SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY SOUNDER AND DESCRIBED IN BXRISIT • a ATTACHED HERETO. PENNSYLVANIA—Single Fmrdly—Fannte MudFreddre Mae UNIFORM INSTRUMENT Parra 34391/01 boomml (Page 1 #74 pager) acct.,:.ore oxloeneos BK1897PG1497 which has the address of 142 HORNER ROAD [Street] CAt2LZSLti , Pennsylvania 17013. ("Property Address"); [City' . • (Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing i$ referred to to this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all clams and demands, subject to any encumbrurices of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non•tutiform covens= with limited variations by jurisdiction to constitute a unifonn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay Ponds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency: However, If any check or outer instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender, (a) casks,; (b) money order, (c) certified check, bank cheek, treasurer's check or cashier's check, provided any such check. is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with tho notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insuf1rcient to bring the Loan current. Lender rnsy accept any payment or partial payment "insufficient to bring Ore Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the Mwe, but Lender U not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of its' scheduled dun date, thea Lender need not pay interest on unapplied funds. Lender may hold such unapplied fundi until Borrower makes payment to bring the Loan current. If Borrower docs not do so within a reasonable period of time, Lender shall either apply such Ponds or return them to Borrower. Ifni applied carller, sueh 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 Dorn 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, oft payments accepted and applied by Lender shall be applied In the following order of priority: (a) interest due under the Note; (b) principal dua under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied Grit to late charges, second to any other amounts due under this Security instrument, and then to reduce the principal balance of the Nom. If Lender receives a payment from Borrower lbr a delinquent Periodic Payment which includes a sufllcieat amount to pay any latu charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Ls outstanding, Lender may apply any payment received from PENNSYLVANIA *Siogla Runny—Ponotr Mae/Freddie Mee UNIFORM IHSTRVAIENT Form 30]91/01 noarl PAt (Pop 3 of 11 papa) aeC41171.1.vi1 ovoeI:eva BK 1897PG 1498 Borrower to the repayment of the Periodic Payments if, and to the eeiern ural, meet payment can be paid in full. To the extent that any excess exists atter rhe payment is applied to the ibII payment of one or more Periodic Payments, such excess may be applied to any loco charges due. Vohrntary prepayments shall be applied first to any prepayment charges and then as described in the Note. . Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the duc date, or change the amount, of Um Periodic Payments.. ' 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments ere duc 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 assessmenta and other items which can attain priority over this Security Instrument as a lien or encumbrance an the Property; (b) leasehold payments or ground rents oh the Property, if any; (c) premiums far any and all instuaiuc required by Lender under Section S; and (d) Mortgage Insurance preiniums, ifany, or any sums payable by Borrower to Lender in lieu of the paymeat of Mortgage Insurance premiums in accordance with the provisions Of Section 10. These items are called "Escrow Items." At origination or et any time during the term of the Loen, Lender nay require that Community Association Dues; Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow items u'niess Lender waives'Borrower's obligation'to paythe Funds for any or all Escrow Items, Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the, event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow. Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts'evidencing such peyrnent within such Mite 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" ie 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 slick revocation, Borrower shall pay to Lender all Funds, and In such amotmts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply ' the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under ROSPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured• by a federal agency, instrumentality, or entity (including Lender, If Lender !s an institution whose deposits are so bunted) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for bolding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Fends, Lender shall not bo required to pay Borrower any interest or carvings on the Funds. Borrower and Lender can agree in writing, however, that Interest shalt be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the execsa iimds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amotmt 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 droll 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. PENNSYLVANIA -Shale Forrely—Pennta We Freddie that UNIFURAt INSTRUMENT Perri 3a391/01 =WPM iPpge ! of 14 pager) L9C9r►it,Vri 01/9r/fart BK 18971'61499 Upon payment In full oral' sums secured by this Security instrument, Lender shall prompiiy rebind to Borrower any Funds held by Lender. 4. Charges; trent, Borrower shall pay al/ taxis, assessments; charges, fines, end impositions attributable to the Property which can attain priority over This Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow items, Borrower shall pay them In the manner provided in Section 3. • BorrowersbaI 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 by1 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 ]icn an spectrum 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 thls Security Instrument, Lender may give Borrower a notice identifying the Hen, 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 act forth above in this Section 4. Lender may require Borrower to pay a one-time charge for areal 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 fere, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance:This insurance shall ba maintained in the amounts (including deductible levels) and for the periods that Lander requires. What Lender requires pursuant to the preceding 'sentences can change during the term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowcr'a choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services. or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar.' changes occur which reasonably might affect such determination ar certification. Borrower shall also be responsible far the payment of any fees imposed by the Federal Emergency Management. Agency in connection with the review of any flood zone determination resulting from an abjection by Borrower. If Borrower foils to maintain any of the coverages described above, Lender may obtain insurance coverage, at Leader'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 err 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 then was previously in effect, Borrower acknowledges dna 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 Seeder 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 AU 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 politics and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obwins any form of insurance coverage, not otherwise required by Lender, for damage 10, or destruction o1 the Property, such policy shell include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of toss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in FrNNSYLVANM—Stagla Family-•Fonntr Weir MEM Mae UNIFORM INSTRUMENT Form 3039 L(01 oocwns (Page 5gflapager) torasaxl.vrs 01/01/1001 BK 1897PG 1500 writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoratfoa or repair of the Property, If the restoration or repair le economically feasible and Lender's security is not lessened Dtirtng such repair and restoration period, Lender shall have the right to hold stich 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 es the work is eomplered. Unless an agreement Is made in writing or Applicable Law requlras interest to be paid on such insurance proceeds, Lender shall not be •required to pay Borrower any. interest or earnings on such proceeds.' Fees for public adjusters, or other third parties, 'chained 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 lasuraace proceeds shall be applied to the slues secured by this Security instrument, whether or "not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section2. • If 8onowet abandons the Property, Leader may file;'negotiare and settle any available insurance claim end related matters: If Borrower does not respond within 30 days to a notice from Larder that tho Insurance carrier has offered to settle a claim, then Lender may negotlatc and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security innslnunent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to payamounts unpaid under the Note or this Security Instrument, whether or not then duo. . 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal resldence within 60 days after the execution of this Security Instrument and shall continue to eccupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees. in writing, which consent shall not be unreasonably withheld, or unless. extenuating circumstances exist which are beyond Borrower's convoL ?. Preservation, Maintenance and ProtecUea of the Property; Inspections. Borrower shall not destroy, damage or impair the Properly, allow, the Property to deteriorate or commit waste on the Property. Whether or ear 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 la Section 5 that repair or restoration is not economieally feasible, Borrower shall promptly repair the Property if damaged to ovoid further deterioration or damage. If insurance ar 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 o single payment or in a series ofprogress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Propeny, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasanabte entries upon and inspections of the Property. If it has reasonable cause, Lender may Inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower ar any persons or entities acting at the direction of Harrower 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 oceupancy 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 PENNSYLVANIA-SMg)eFamily—e'snnleModFreddle Mee UNIFORM INSTRUMENT Forgo 309 ncocoi acburs aslos/rear (Page 6ojripagt) 8K 1897PG 150 1 Security Instrument (such as a proceeding in bankruptcy, prooatc, fir condemnation ar 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 is protest Lender's Interest in the Property end. rights touter 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 surra secured by a lice which has priority over this Security Instrument; (b) appearing in court; end (c) -paying reasonable attorneys' fees to protect Ita interest in the Property and/or rightsunder this Security Instrument including its .secured position In d banlwptcy . proceeding, Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace ar bond up doors and windows, drain water from pipes, eliminate building or. other code violations or dangerous. conditions, and have utilities turned on or off. Ahhotigh Lender may take action Wider this Section 9, Lender docs not have to do so and is not under' any duty or obligation to do so. It is agreed that Lender incurs no liability fbr not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument these'amounts shall bear Interest at the Note rate from the dare of disbursement and shall be payable, with such interest, upon notice from Lender to, Borrower requesting payment. If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground Tease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge uuniess Lender agrees to the merger in writing. 10, Mortgage insurance. ((Lender required Mortgage Insurance as a condiiion of making the Lean, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mongagu Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at o cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from en alternate mortgage insurer selected by Lender. If substantially equiyateat Mortgage Insurance coverage Is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when aloe insurer= coverage ceased to be in effect, Lerider will accept, use and retain these payments as a non-refimdabte lass reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately pald in !till, and Lender shall not be required to pay Borrower any interest or earnings on nth loss reserve. Lender can no longnther require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Leader again becomes available, is obtained, and Lender requires separately designated payments toward thaprcntiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of taking the Loan and Bonower was required to make separately designated payments toward the premiums ter Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance fn 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 Leader providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest et literate provided in the Note. • Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur If Borrower docs not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force iron 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 arc 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 fields obtained from Mortgage insurance premiums). PENNSYt.VANiA—Single Family— Font* MtodPruldlrM eUNIFORMINSTRUMENT P1:41313039 UN (=WPM fPrrge 7 vj r 0 ji<rgr4) POELMINP VT[ e7/Or/70011 BX 1897 PGI 502 As a result of these agreements, Lender, any purchaser or the Note, another insurer, any reinsurcr, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a gonion of Borrower's payments for Mortgage hastnance, in exchange far sharing or modifying the mortgage insurer's risk, or reducing tosses. If such agreement provides that an affiliate of Lender takes a sharp of the insurer's risk in exchange for a share of the premfuins paid to the insurer, the strongmen! is often termed "captive reinsinrance." Rutter: - (a) Any such agreements will not affeet the amounts that Borrower has agreed to pay for Mortgage insurance; or -any other terms of the Loan, Such agreements wit/ not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. . (h) Any sueh.agreements will .not affect the rights Borrower has — if any — with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive" remain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. . If the Property is,damar ed, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Misecllaneous Proceeds unlit Lender has had an opportunity to inspect such Properly 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 dlsburserifent or in a series of prrigirss payments as the work is completed. Unless an agreement is trade in writing or Applicable Law requires interest to be paid on such Miseeilaneelrts Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the restoration or repair is net economical y feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whther or not then due, with the excess, If any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for In Section 2. In the event of a total taidng, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value Is equal to or greater Than the amount of the sums secured by this Security Instrument inunediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the suets secured by this Security Instruroent shall he reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sums secured imttcdiatelY before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Properly 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 falx market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured Immediately before the partial taking, destruction, or lass in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the atmos 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 nuke an award to settle a claim for damages, Borrower falls to respond to {.ender within 3D days after the date the nonce is given, Lender is autherizcd to collect and apply he' Miscellaneous Proceeds either to restoration or repair of the Property or to the suets secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. PENNSYINAVtA-Shri;teFuroly--FepornMgt/Freddie MooUNIFORMRiS RLJMENT Form 3439141 OCCUID23.111 02/01'/3201 Mao of M pager) BK 1897PG 1503 Borrower shall be in default Warty action or proceturng, 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 aro attributable to the Impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. • An Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied M the order provided for in Section 2. • 12. Iorrower Not Released; Forbearance By Lender Not n Waiver. Extension of the time for payment or modification of amortization of the surds 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 connnence proceedings` against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation; Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in °mounts less than the amount then due, shall not be a waiver of or preclude the exercise of any ,right or remedy. • 13, Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees thatBorrower'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 rnongnge, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personalty obligated to pay the sums scoured 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 Now without the magnet's consent Subject to the provisions of Section 18, any Successor in ]merest 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 Instmmient. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of oris Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charger. 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 United 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 orbyApplicable Law, If the Loan is subject to a law which sets maximum loan charges, and that law is ilnalty► 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 atnount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed tinder the Note orby making a direct payment to Borrower, Ha rcftmd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for wider 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. Pt:VNSYLVAN(MStngle fatty—Fannie ModPreddte Mae UNIFORM INSTRUMP.MT Farm 3039 1/01 mar PA, (Pnap 9 of 14 pages) ooemw.vss ot/egmes BKI.897PG.i 504: 15. Notices. All notices given by Borrower or Lender ib..airmection with this Security Instrument must be in writing. Any node= to Borrower in connection with this Security Instrument shalt 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 Appiicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrovier shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security instrument at any one time. Any notice to Lender shall be given 'by delivering it or by mailing it by int class mail to Lender's address stated herein unless Lender has designated another address by notice to .Borrower. Any notice in =mention with this Security instnurrent shalt not be deemed to have been giver' to Lender until actually, received by Lender. If any notice required ,by this Security Instrument is also required under Applicable saw, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.. • t6. Governing Law; Severability; Rales of Construction. This Security Instrument sh tl 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 arc subject to any requirements and limitations of Applicable Law. Applicable Law night explicitly or Implicitly allow the parties to agree by contract or it might be anent, 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 InsttumenI (a) words of the masculine gender sbnU mean and include corresponding neuter words or wards of the feminine gander; (b) words in the singular shall mean and include the plural and vice' versa; and (c) the word "may" gives sole discretion without any obtigadon to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. . 18. Transfer of the Property or a Benellelat Interest In Borrower. As wed 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 n 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 tender 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 roust pay ell suns secured by this Security Instrument. If Borrower fails to pay these stuns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate' After Acceleration. If Borrower meets certain condidorts, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power oinks contained in this Security tnstntmen, (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of o 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 fens, and other fees incurred for the purpose of protecting Leader's interest in the Property and sights under this Security Instrument; and (d) takes such action as Lender may reasonably require PENS 1SVJ.VAN1A—Singk Ftmlly-4a mar MadPreadle Mac UNIFORM INSTRUMENT Form 3035110) W[VIP410 (Page 10c/J/pngeil DOC IU.Mr er/otraeor BK1897PGI505. to assure that Lender's Interest in the Property and rights under this Security Instrument, end 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 morn of the following form+, as selected by Lender, (a) cash; (b) money order; (c) certified check, bank check, treastirer's check or cashier's check, provided any such check, is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully eilbctive es if no acceleration had occurred. I4owever, this right to reinstate shall not apply In the case of acceleration ander Section 18. • 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior 'notice to Borrower. A sale might result in a change in the entity (known as the "Loan Sotvicer") that collects Periodic Payments duo under the Note and this Security Instrument and perforins other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law, There also might be one or more changes of the Loan Syrvicer unrelated to a sale ofthe Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mvngage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to n successor Loan Servicer and art not assumed by the Note purchaser unless otherwise provided by the Note purchaser. . Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security instrument or that alleges that the other party has breached any provision of, or any duty owed by reason o1 this Security instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requiremeals 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 roust 'elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph..The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceice tion given to Borrower pursuant to Section 18 shall be deemed to satisfy . the notice and opportunity to take corrective action provisions of this Section 20. 2l. Hazardous Substances. As used In this Section 21: (a) "Hazardous Substances" arc those substances defined as toxic or hazardous substances, pollutants, or wastes by •Ertvirotunental Law and the following substances: gasoline, kerosene, other flarrunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing, asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" meats 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 rause or permit the presence, use, disposal, swinge, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that Is in violation of any Environmental Lew, (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 Haznrdoua Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Properly (including, but not limited to, hazardous substances in consumer products). Borrower elle ll promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or tlreet of release of any PENNSYLVANIA—Single Family—Yam* Mat/FreddieMu UNIFORM INSTRLINI tT Farm30.79 trot occuo t t (Page 11 of !! pegs) D0 irivil,Vlr 03/01/3DOS BK 1897PGi506 Nezardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value QC the Property. 11 Borrower learns, or Is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any hazardous Substance affecting the Property is necessary, Borrower shall promptly talcs all necessaryremedial actions in accordance with Environmental Law. Nothing hereill shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender funber 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 shalt notify Borrower of,.among other thingsr (a) the default; (b) the action required to cure the defauah (c) when the default mast• be carred; and •(d) that failure to cure the default a{ specified may result In acceleration of tits, sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate after aceeloratlon and the right to assert hm the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If_ the default Is not cured as specified, Lender at Its option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial preceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies previded in this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums' secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such oeclrrence, Lender shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Lender may charge Borniwcr a fee far re/casing 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 bcneiit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. • 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security instrtunent. 26. Purchase Money Mortgage. if any of the debt secured by this Security Instilment Is lent to Borrower to acquire title to the Property, this Security tnstmment shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA—Single Parany—Fanak Mar/Freddie (the UNIBORM INSTRUMENT Form ]5.191101 DOM I PAI2 (Pop 11 of 14 pages) aecCipae.9lf Oi/O5/20OS BK 1897PG 1507 BY $IGNING BBLOW, Borrower aceepts and agrees to the lams and covenants contained in this Security Instrument and ' er executed by Borrower and recorded with it PENNSYLVANIA—Single Fonriiy.-Fannie MadFreddte Mu UNIFORM INSTRUMENT Fel m23039 I/01 . OOCURAla (Prot!) of 11 Paged aoevs►m.VET FS10ar ela! BK 1897 PG 1508 F 1 lSpace Below This Line For Acknowtedgmentj u ' On this, the day of N. -nit -101y 200.5efore mc, 1 I /; , the undersigned officer, personally appeared 1 1.t Y iPel l & ' . O - "'k known to me (or satisfactorily proven) to be the person(s) whose namo subscribed to the within instrument and acknowledged that executed the same far the purposes therein contained, In witness whereof, I hereunto set my hand and official sea NOTARIAL SEAL • Canto E, Cook, Notary Public 1ty of Hurrlabura, Dauphin County y Corrtrnlaetcxl tcxpfitaa Aum. B, izocle My Commission Expires: CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within•aamed lenderis, 100 SENATE AVEN43, CAMP HILL, PA 17011 WI tn my hand thi 28TH day of 3ADt4AI , 3005 r4 nets t of Lender T Certify this to be recorded TTI Cumberland County PA Recorder of Deeds 1 PENNSYLVANIA-SingtoFamily—Fon ekMtdFr4ddttMeIINIFOta:vtINSTRUMENT Form3M91�r txx1/0* 1 (Page 14 q/N vacs) oeevtvu..rs islet/;tet 8K 1897PC 1589 1 4LG that certain lot of ground situate in the, Township of Middlesex, County of cucterland and State, of Pennsylvania more particularly bounded and described aa follows: at a•point in the center line of Horner Road (2r-576) at the line of lands now or formerly of Gail W. Janaik, which a.id point of beginning is North eighty,—eight—(99)• degrees' thirteen (13) minutes in (10) second . West twenty eight and ten one -hundredths (28.10) feet from an existing railroad spike in the centerline of South Middlesex Road (8.R. 1005); thence along the center line of Hornet Raad.(2L576) t'rth eighty-eight (88) degrees thirteen (13) minutes ten (10) almonds West two hundred ninety-five (295) feat to a point; thpnce.al.ang land° of the Estate of Margaret A. Sunday, WalterD. Sunday and arondolyn D. Senday, his wife, and Diane L. Bean and Clyde O. WAS/ ber huaband, North five (05). degrees, forty-five (45) ainute°, West twenty -live and wcalty-tido.. one- Oundrexlt s (25.22) Leet to a concrete •raoni eemt . an the northerndedicated right -of -sway line of Horner Road; thence further by rime North five (0) degrees forty-five (45) mindtaa Neat five hundred fifty (550) feat to a'set 3/4' steel bar; thence °till by sans South eighty-eight (88) degrees thirteen (13) 'urinates ten'(10). seconds Baat two hundred ninety-five (295) feet to a set 3/4' ateel bar on line of lands nom dr lace of t2;il..H. Jenaik; thence along said lands naw or • formerly of Janeik South five (05) degrees forty-five (45)' minutes fast dive hundred fifty (550) feet to ,a set 3/44 steel bar on the northern dedicated right -of -ray line of Horner Road; thence further by ease South Live (05) degrees forty-five (45) minutes Fast twenty-five and twenty-two one -hundredths (25.22) Leet to a point in the Canter line of Ramer Road at the point and glace of &MO3. Beare Lot No. ; 2 an Final Minor Subdivision Plan far The aatate of Margaret A. Sunday, which said Plan ie recorded in the Recorder of Deeds office in and for Cent,orland county, Pennsylvania in Plan Soak No. IA- , Page 414 B1{ 1 97PC 510 EXHIBIT "B" OFBE NT RYA CtiRi?ORhT. maw ALL WNW( W( THESE PRESENTS, that COMMERCE DANK/ HAItRISBgRG NATIO 4L At3,9QCIATIIIN. original mottgagee,•a-corporation organized ander the laws or -PENNSYLVANIA., . Party'oft]te fast part,for ancon • cansideantionay120.000.0Q and a6tar•valuabla considenttiwtlawful money of tho United Mates of/Undue, to it paid by .Citiyorteatte, Inc. a.Delaware Corporation, 1000 TechnolosvDrive. OsY Ion, -MO FUR lady of the,scoondpert; the receipt whenrefishereby acknowledged, has wild, assigned, tenanted and doashereby sell, Wirt and transferto.the said party oFthe second part, n71 t4ght,tJt10 and- interest of the aai6 pa itytho firatparrin anti to a.cetiain Tedi estate'Sacuritry In atrumant, dated the .ZSdh Uf .7aaary , nos rpilF.SamdaYand Linr�a Munda� and recorded in the Recorder -of Deeds tiff cemato tJlelandrectalisof the Deed Hook/Liber- (g / at PagdFolio 1'I•/'b • and -more -particularly described SLE°A" IN'WITNESS WHEREOF,said-party ofthe first part.haacaused these presents, #o be algna byite AMistant Vico President ibis 28th day of January, 2005, Witness: STA'' Ear PENNSYLVANIA. -COUNTY OF CMBERLAND COMMERCE liANKiHARRISBUR:0 NATIONAL A58.t3ClATION 100 SENATE AVENUE • 17,O,BOJC8599 CAMP'HTLL, PA 17011 That .-2arb* AssistantVica.Preaident -On this, the 2813 dgv of _January. 2005 before are, the undersigned Oleo; .personally appeared Rollin M 2erbe , who acknowledged herself to bethekelatarltNide Ito -skint ufConuneroo Bank/Harrisburg,-and that aha ea mob:Assistant Vice Pceslden bei g authorised todoerr, executed tha.fotegotrrglnatrvment for the piupoaee therein contained by signing the onto oftha corporatiorharself as : =. et:. V IN WITNESS '4V.13ERBOR, I hereunto, satiny hand and ofechil .1 •,.w,a� seal, 8J ( 715 FACE 1233 tbbtrrew Shoo Atka); &Jay Pak boor A9rnTwp.,anio nt hp'eaarrdK�b_n'/�VITA Oil 2E0 MmtCee rertsrr e,sotoolmCtr oke .4trg/v0to LT. that certain lot of ground eituato in the Stenahip o tilddlesex, County of 'Curtbarland and ,Ststo, of Pennsylvania more 'particularly tounded 'and described as tetaurnin at a point in the renter line of *Romer Road (1,--$76) at tho line of in now or fornerly -cif Gail W. Jensik, which Maid point of beginning is North sightreight, (e) degreestbirtee4 .(13) minutia _ten- (10) Aeconds.** tventy-eight and ten .one-hundredthe (28:10-) feet -from en &rioting railroad spike in 'the cantor 'line of ,Nomth Ua1eox Road .(S.R. 1005)r thence along the center litratsof Horner Road %%476) North eig)ty-40M (SS) 'degrees thirteen:(13) ten (10) areondaVest. tWo.huodred ninaty-fivei 129f) lot to a point.; theme lands of this Rotate of Margaret A. Sunday, Jialtar Th thesclay .and OcrendolynIt. Sunday,/hL wifai and Diane A. Beam ard ly& "Baath.leso bawd, North 'five 'degraee forty7five 14) minutes West tvvetrtfive.eMl• tventi-hro one-hundreiths ..(2522) feet ,to a. concrete .menixeont on the northern dedicated right-of...1w line of -Horner Rout- thence further ty -sem North LV* (go aegtee; torty'-five 445) minutes West live hinted -fifty (550) tot •tc 1:a 'brit 3/4` steal ba thence aria try .saaa 'douth. eightpeight .[(18) -degrees thirteen (i3)Ininu ten .(10) :moon& Snot two hundred ntruktr-five,(290) feet Ma A ast '3/4" steel ter -on Un :of :lands nee or of" Jeresik; thence along 'odd 1 -ands nee or lornerly 'of ,Jenelk -South t Lye 14,5)- degrees .1415r ,titutek Sant ftve lemdrod fiftY f551) feet to a set" 2/40 steel baron the northern dedicated .d.ght—of-vax Xins g Sooner Nadi thancl'iuttper.by same South five (05):4egrees forty-rfive (45.) minutes .0ast twenty -.five and _twenty -Ave .one-hundredthe (.25.V teat to t point in the canter lima -of fl e'.id et the point aril place of REGTRECNO. • 1341ING Lot No. Idct gnal Minor nubdiVisioniPian .for S'he Testate el Margaret sneaky, 4„thia raid P1a0 As recorded In tui Recorder a tear3s office in .and for ourbarlaM znentiy Pinnoylvenit In Plan Boat No. Page 1 Crrtify thia tO be recorded 'timberland County PA • V, .44.44,- 4•-" BOOK 715 ?AGE 1234 , _ • •;1`, .• •. cvasp.-MICA Recorder of Deeds ., ' EXHIBIT "C" JANUARY 28, 2005 [Date] 142 HORN$R ROAD, CARLIS NOTE LOAN St HARRISBURG PIMNSYLVANIA [City] [State] PA 17013 [Property Address] BORROWER'S PROMISE TO PAY In return for a loan that I have recetved, l promise to pay U S $ 120, 000.00 (thus amount is called "Pnnctpal"), plus interest, to the order of the Lender The Lender is COMMERCE BAND/EARRI3 URG, NA 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 Pnncipal has been paid I wilt pay interest at a yearly rate of 5 250 The interest rate required by this Section 2 is the rate 1 will pay both before and alter any default described ,n Section 6(B) of this Note 3 PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month I will make my monthly payment on the 1sT day of each month beginning on APRIL 1, 2 005 l will make these payments every month unnl I have paid all of the principal and interest and any other charges described below that I may owe under this Note Each monthly payment will • be applied as of its scheduled due date and will be applied to interest before Principal If, on 2dARCR 1, 2 020 , I still owe amounts under this Note, I will pay those amounts m full on that date, which is called the "Matunty Dare " 1 will rriake my monthly payments at 4 LBMOYNS DRIVE, SUITS 100, LEMOYNE, PA 17043 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 $ 964 65 4 BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any tune before they arc due A payment of Pnnctpal only is known as a "Prepayment " When t make a Prepayment, I will tell the Note Holder m writing that 1 am doing so 1 may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note I may snake a full Prepayment or parual Prepayments wuhuuL payrag a Prepaymt:nt charge the Note Holder will use my Prepayments to reduce the amount of Principal that 1 owc under this Note However, the Note Holder may apply my Prepayment to the accnied and unpaid mrerest 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 ofmy monthly payment unless the Note Holder agrees m writing to those changes 5 LOAN CHARGES If a law, which applies to this loan and which sets tnaxtmum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lurut, and (b) any sums already collected from me which exceeded pemutted linins will be refunded to me The Note Holder may choose to make this refund by reducmg the Principal I owe under this Note or by making a direct payment to me If a refund reduces Principal, the reduction will be treated as a partial Prepayment MULTISTATE FIXFD RATE NOTE --Single Family—Fannie aladFreddx Mae (UNIFORM INSTRUMENT Form 3200 1/01 OO[/CFA( (page 1 or3pages) nocuerA1 7Th 02/21/2nD/ 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 25 calendar days after the date it is due, I will pay e late charge to the Note Holder The amount of the charge will be 5 000 of my overdue payment of principal and interest ]'will pay this late charge promptly but only once on each late payment (B) Default if 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means (D) No Wanner B) Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay tmmechately 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 to full as described above, the Note Holder will have the right to be paid back by me for alt ofits costs and expenses in enforcing this Note to the extent not prohibited by applicable law Those expenses include, for example, reasonable attorneys' fees 7 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivenng it or by mailing it by first class mail to nie at the Properly Address above or at a different address•if 1 give the Note Holder a notice of my different address Any notice that iraist be given to the Note Holder under this Note will be given by dehven ng it or by mailmg it by first class mail to the Note bolder at the address stated in Section 3(A) above or at a different address ill am given a notice of that different address 8 OBLIGATIONS Oil PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the pronuses made in this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things Any person who takes over these obligations, . including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made to this Note The Note Holder may enforce its nghts under this Note against each person individually or against all of tis together This means that any one of us may be required to pay all of the amounts owed under this Note 9 WAIVERS 1 and any other person who has obligations under this Note waive the nghts 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 nonce to other persons that amounts doe have not been paid 10 UNIFORM SECURED NOTE This Note is a uniform tnstnunent with limited vanations in some jurisdictions In addition to the protections given to the Note Holder under this Note, a Moi igage, Deed of frust or Sccunry 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 pronuses which I make in this Note That Security Instrument describes how aid under what conditions I may be required to make wnediate payment in full of all amounts 1 owe under this Note Some of those conditions are described as follows 'Wall 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 req wre unmediate payment in full of all suets secured by this Secunty Instrument However, this option shall not be exercised by Lender of such exercise is prohibited by Applicable Law 11111 TISTATE FiXFD RATE MOTE—Singkk 1 amity—Fannie 11seiFreddio;We UNIFORM I STRUMIEAT Form 3200 lit)l ooeucena (page 2013 pages) DOCOC:riI ort t/ot/'20r If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less . rhaa 30 days from the date the notice is given in accordance, with- Section IS within which Borrower must pay all sums secured by this Security Instrument If Borrower falls to pay these sums prior to the expiration of this penod, Lender may invoke any remedies permitted by this Security Instrument without further notice or detnand on Borrower WITNES ORROWER - - BORROWER - LI SEAL(S) OF THE UNDERSIGNED L F SUNDAY - DATE - M SUNDAY DAT WITROtTF RECOURSE!, PAY TO THE ORDER OF CITIMORTGAGB, INC BY COMMERCE BANX/EARRISBURG, N A tit�xhaw�'Rj Pay to 8u, vide: of ILS Dat,t. Laeehuta Si Vi.. Pr�nd�nt CIttMottgai.e Inc t Odartgagt. Inc [Scgn Onsutcl Only] MULTISTATE FIXFU RATE NOTE—Single FamJy--FaomcMae/I ratlike Mac UNIFORM INSTRUMENT Form 3200 IAD DOCUCFM (page 3 at 3 pages) nOCJCTai VTY 07/29/2004 , i CleMatigage,.Inc, PG Sox 9090 Temecula, CA 02509-9090 Send Payment la CitifyIalgago, Inc, PO Box 869196 Des tvloInas. IA 50368-D196 Send- Ccure'epOrdigice Citilvlortgege, 6400 Las Colinas Blvd, Irving, TX 75039 1111111111111111 47 20140714.168 11/1 flint! Hi II 11 bit, Ito 1.1111110 DARELL F SUNDAY 142 HORNERS CARLISLE; PA 17b15 -85118 - PRESORT Fir,sKlass U.S. Pnstage,anil Fees Paid wso CiTIPAACT91 Date: 07/14/2014 OARELL F SUNDAY 142 HORNER'S RD CARLISLE, PA 17015-S508 RE Property Address: 142 HORNERS ROAD CARLISLE, PA 17013 CitiMortgage Loan Sent Via.certified Mail 9307 1100 1170 •0-730 0803 47 • ACT 91 NOTICii, 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 theAlefatilt is. provided in the attached pages. The HOMEOWNER'S EMRGENCY MORTGAGE ASSISTAN,CE PROGRAM (iEmAP) may be able to help save your home. This Notice explains:bow 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 yon meet with the Counseling Agency. The name, address; and phone numher.of Consumer Credit Counseling Agencies serving your County are liste.d at the end af 70 have any quPstionc, you may call the Pennsylvania HOUSilla 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 Age-ncy may be. able to help explain it. You may .also want to contact an attorney inyour-area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO FS DE SUMA. IMPORTANCIA, PUES AFECTA SV DERECII0 A CONTINUAR VTVIENDO EN SU CASA. SI NO COMPRENDE.EL CONTENIDO DE FSTABOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA OTIPAACT91 PDge Lnf 6 4307 100 1170 0752 aao 4? HOUSING FINANCE AGENCY) SI CARGOS AL NUIVIERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL. CUA1 PUEDE SAL VAR SU CASA DE LA PERD1D DEL DERECHO A REM:N.11R SU IUPOTECA. HOMEOWNER'S NAME(S): DARELL F SUNDAY' LINDA. M SUNDAY PROPERTY ADDRESS: LOAN -ACCT. NO.: ORIGINAL LENDER: 142 HORNERS ROAD CARLISLE, PA 17013 COMMERCE BANK / HARRIBURG, N.A. CURRENT LENDER/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASISTANCE WHICH CAN SAYE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTUREMORTGAGE PAYMENTS 1F YOU COMPLY WITH THE PRO V5IONS OF TFIE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU N1AY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSEDBY CIRCUNISTANCES BEYOND YOUR CONTROL, • IF YOU HAVEA. REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER.ELIGLBILITY,REQUIREM:ENTS ESTABLISHED BY THE PENN$YLVANLii HOUSTNWIT.NANCE.A GEN CY; 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 clate:of.fli.fs Notice (plus three (3) days for mailing). During that time you must arrange and attend- a "face-to4ace" meeting with one of the consumer credit counseling agencies. listed at the end of this Notice THIS TIEETTNC, _MUST OCCUR WITHIN '1IIIRTY.: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. Ti4RPART'OF THIS NC'TICE CALLED "HOW T() CURE YOUR. MORTGAGE DERAULTEXPLAINS- 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 talcoaction against you for thirty (30) days after the date of this meeting. The natn, 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. Achise.your lender immediatth of your intentions. APYLICATION 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 Aitistance Program Application with one of the designated Consumer credit counseling agencies listed at thOend of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in CITIPAACT91 Page. 2 f)f6 9307 1100 1170 0752 0803 47 submitting a complete application to the Peimsylvania. Housing %finance Agency. To to utporarily stop the lender from filing a foreclosure action, your application MUST be fdrwarded to RHEA and received within thirty (30) days of your face-to-face meeting with the counselingagency. YOU SHOULD FILE AHEMAPAPPLICATION ALS'SOON ASPOSSIBLE. IP YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POOTMAR7 1X4TE OF THIS.NOT7CI AND FILE AN APPLICATION Wt.TH PI3'FA WITHIN 30 DAYS OF THAT, MELsTTYG, THEN THE LENDER WILL .BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST 'YOUR PROPERTY, AS EXPLAINED ABOVE,INTHESECTIONCALLED 'ETEiV1POR4RYSTAY OFFORE 'LOSURE'. YOU IIAVE THE RIGHT TO FILE A f1EMAP APPLICATION EVEN BEYOND THESE AVE' PERIODS. A LATE AP.PLICA77ON WILL NOT PREVENT TBE LENLDE.R FROM STARTING NG A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS' EVENTUALLY APPROVF_D .AT ANY TIME BEFORE A SHERIFF'S SALE,. THE FORECLOSURE WILL RE STOPPED. AGENCY ACTION — Available fords for emergency mortgage assistance are very limited. They will bo 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 itYeceives your application. During that time, no foreclosure proceedings will be pursued' against you if you have Ind the time requirements- set forth .above.. You. will be ngtitied directly by the Pennsylvania Housing Finance Agency ofits decision on your appliction. NOTE: IF YOO ARE'CURRENTLY PROTECTED 13Y THIS 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 DEET. (Cf you have fled bankruptcy you. can st{Il apply for Emergency Mortgage Assistance.) HOW TO CURE, YOUR MORTGAGE DEFAULT (03ring it up tt>;•date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located, at: 42 l3ORNERS ROAD CARLISLE, PA 17013 IS SERIOUSLY .1N DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following moats and.the following amounts are now past due: 05/01/14 through 07/01/14 3 (di $964.65/month 2 ® $48.23/late charge/month Other charges (cxplaittlitehize): Uncollected Late Charges: TOTAL AMOUNT PAST DUE: $2,990.41 $.96.46 $3,086.87 HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notico BY P PING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,086.87, PLUS ANY MORTTAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE .DURING THE THIRTY (30) DAY PERIOD. Payments trust be made either by cash, cashier's check. certified check or money order made payable and sent to: Crnr.ACT91 PERO 3of6 CitiMortgage, Inc. P.O. BOX 183040 Columbus, OH 43218-3040 9307 1100 1170 0752 0803 47 IF YOU DO•NOT CURE THE DEFAULT — If you do not core the d..fault,within THIRTY (30) DAYS of the date of this Notice; the; lender Intends to exercise its rights to accelerate:the morttaoe.deht. This means that the entire outstanding.lnnlattcc of this dCb't will be considered due immediately and you may lose the chance to pay the mongage in mrrntbly installments. If'full payment of.the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneya to'atart legal action to foreclose anon your mortgaged property. IF TRF MORTGAGE IS FORECLOSED UPON -- The A ortgaged property will be sold by the Sherif to pay off the mortgage debt. If the lender refers your cast 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 5.50.00. however, if legal proceedings ate started against you, you 'will have to pay all reasonable attorney's Pecs actually incurred by the lender even if they. exceed $50.00. Any attorney's fees will be added to the amount you owe the tender, which may also include other reasonable costs. If you erre the default within the THIRTY (30) DAY period, you will not he•rcauired to pay attortie''s fees. • . O'.T}TER LENDER REMEDIES — The lender may also sue you personally' 'for the unpaid principal balance -and all other sums due under the mortgage. R1GB? TO CURE THE DEFAULT PRI OR TO SHERIFF'S SALE — if you have not cured the default within the TIIIlt Y (0) DAY period -arid foreclosure proceedings have begun, you Still bare the right,to:durc .the default and prevent the stile at any time itis to One hour before the Sheriffs Sale_ You ma'Y::do so by Paving:the total.anlount then nest due, plus any late or other charges then due, -reasonable.attorney's fees and costs connected with the foreclosure sale and any otber.costs connected with the Sheriff's Sale as segelficd in writing by the lender and by perforroinOE ajy other reouirernehts under the rnnrteage. 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 Sate of the mortgaged property could be held would be approximately 6 months from the date of this-Notfee. 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. NOW TO CONTACT THE LENDER: Nanta of Lender: CitiMortgage, lnc. Address: P.O. Box 12213 Tucson, AZ 85732-2218 Phone Number; 1-1377-362-0175 Pax Number: I -B66-4,10-8147 Contact Person: MarkAnthony hu•Qand E -Mail Address; tnarkenthony.b.harttand©citi.com EFFECT OF,SPLERIFP'S'SALE You should realize that a Sheriffs Sale will and your ownership of the mortgaged property and your right to ot:cupy it.. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fttmisbings and other Belongings could be started by the lender of 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, chargee and attorney's fees and costs arc paid prior to or at the sale and that the other requirements of the mortgage are satisfied. CrrlPAA CTS i Pose 4 of 6 9307 1100 1170 0752 0803 47 YOU MAY ALSO HAVE THE RIGHT: I TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE. MORTGAGE DEBT OR .T0 BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIS DEBT. 6 TO HAVE THIS DEFAULT CURED BY ANY THERD PARTY ACT[N0 ON YOUR BEHALF. • TO HAVE THE MORTGAGERESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED., IF YOUCURE THE DEFAULT. (HOWEVER, YOU DONOT ILAVE THIS RIGHT TO CURE YOURDE,FAULT MORE THAN THREE TIMES TN ANY OALENDAR YEAR): P TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTFIERLAWSLTIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. 6 TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION I3Y THE LENDER 6 TO SEEK PROTECTION UNDER TRE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING .A,GENCIF,S 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 gurpose. CITIPAACT91 S nf 6 9n7 Jana 117D D'?sa aso 4? HEIVIAT. Consumer. Credit Counseling Agencies cOMBERTAND:Connty . Repalint erdatcrE If1/16/2013 10:43 AM Advantage Credit Counseling Senice/C CCS: of Western PA 20110Linglestown Road Fiarrisburg, PA.. 17102 888-511-2227 Housing Alliance di Yorkft Housing Resources 290 West Market Strecr York, PA 17401 717-855-7752 PathStone Corporation 1625 North Front St* Harrisburg, PA. 13102 717-234-6616 PA Intferfalta Community Programs Int 40 E High Sfre, Go ityburg,PA.. 17325 717-334-1518 Pap: 6 616 Community Action Commission of Capital Rion 1514 Derry Street Harrisbarg, PA. 17104 717-232-9757 M-aranathe 43. Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 Pal/Stone Corporation. 450 Cleyeland Ave Charnbrahurg. PA. 17201 717-264-5913. PEWA. 21 t North Front Street Hanisburg.,PA 17110 717-780-3940._ 8110-342-2397 HC 9307 1100 1170 UM 0803 47 CItiMortgage, Inc. FO Box 9090 Temecula, CA 92589-9090 Send Payment to; Clh'Mortgaga, Inc. PO Box 889196 Des Moines. IA 50368-9198 Send Correspondencela CltiMortgage, Inc. 6400 Las Colinas 81vd. !wing, TX 75039 ILII I fl II 1 11 9307 1105 1170 0752 0803 30 2o14074:168 f111r1i[r�flffnfr�f'lrf'111�'ii'111'!f 111'�tl'IZlf��111f1,f,f1�1 LINDA M SUNDAY 142 HORNERS RD CARLISLE, PA 17015-8508 PRESORT First -Class Mail U.S. Postage and Feces Paid WSO CITIPAACT91 Date: 07/14/2014 LINDA M SUNDAY 142 HORNERS RD CARLISLE, PA 17015-5508 RE: Property Address: 142 HORNERS R.OAD *LISLE. PA 17013 CitiMortgage Loan Senx Via Certified Mail 9307 1100 1170 0752 0803 30 ACT 91 NOTICE TAICE ACTION TO SAVE OUR 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 HOMEOW'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ME -MAP) rnav 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 yam County are listed at the end of this Notice. If you have air/ questions, you nia.v -ead the Pennsylvania Housing Finance Agency toll-free at 1-800-342-2397. (Persons with irnpaired hearing can.cali (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counse trig .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 tiitd a .lawyer. LA NOTIFICACI5N EN ADSON€`I'O ES DE SOMA XMPORTANCLA, PUES AFECTA SU DER CRO A CONPINUAR VIVIENDO EN SU CASA. SI NO COMFBENDE.EL CONTENIDO DE ESTA N'OTIFICACI<)N OnTENGA UNA T.RADUCCION IN IEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA CrrIPAACT91 Page 1 of 6 9307 1100 1170 0752 0803 30 HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCTONADO ARRIBA. PUEDE SER LEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA. PERDIDA DEL DERECTIO A REDIMIR SU RJPOTECA. HoMEOWNEWS NAME(S): LINDA M SUNDAY DARELL F SUNDAY PROPERTY ADDRESS': 142 HORNER'S ROAD CARLISLE, PA 17013 LOAN ACCT. NO,: ORIGINAL LENDER: COMMERCE BANK/ HARIUBLJRG, N.A. CURRENT LENDER/SERVICER: CitiMorvtge, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP *YOIJ AEFUTUBE MORTGAGE PAYMENTS JF YOU COMPLY -WITH THE PROVISIONS TBE HOMEOWNER'S EMERGENCY MORTGAGEASSISTANCE ACT OF 1983 (TJ3E "ACM YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU FIAVEA REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AMD • II? YOII.MEEI OBER ELIGIB4,11y-REQuiREMENTS ESTABLISHED BY THE Pmst4SYLVANIA:BOVS*G.T.DIANCE Aa/40. I LMPORARY 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 (p1cisAhree-(3) days for mailing). Dining that time you must arrange and attend a "face-to-face" meeting with one ofihe consumer credit counseling agencies listed at the end of this Notice. TRIS MEETING MUST .00CUR WITHIN THIRtY-THREE (331 DAYS OF THE DATE OF I:HIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DA.TE. 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 ielepheneniunbers 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 onlynecessary to schedule one face-to-face meeting. Advise:your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Thur mortgage is in default for the reasons set.farth tater in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistancefrom the liomesNyner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counselinc, agencies have applications for the Frog= and they will assist you in CITIPAACT91 PAge Z of 6 9307 1100 1170 075.2 0803 30 submitting a complete application to the Pennsylvania Housing'Financc Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to P1 -17A and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY PlITFIIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH. PIMA WITHIN' 30 DAYS OF THAT MELTING, THEN !'HE LENDER WILL BE TEMPORARILY PREVENTED ° FROM STARTING A FORECLOSURE AGAINS.T YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "T.EMPORARYSTAYOFFORECLOSURE". YOU HAVE TIIE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE. LENDER FROM STARTING A FORECLOSURE ACTION. BLIT IF YOUR APPLICATION IS EVENTUALLYAPPROVF,D AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -= Available: fiu ids'for .emergency mortgage assistance are very limited_ They will be disbur';ed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency bas 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. Yon will be notified directhy by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILTNG OFA PETITION JN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTfCE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT 13E CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CO E:YOUR Mb TC GE DEFAULT (Brine .1t.up.tc date). N, TU'tE :Ok; `1'IF`DEFAULT -. The MORTGAGE debt held by the above lender on your property located at: 142 HORNERS ROAD CARLISLE, PA 17013 IS SERIOUSLY IN DLzFAULT'because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and.the following amounts are now past due: 05/01/14 through 07/01/14 3 a©. $964.65/month 2.c(... $48.23/late cbargehnoath Other charges (explain/itemize): Uncollected Late Charges: TOTAL AMOUNT PAST DUE: $2,990.41 $96.46 $3,086.87 .ILOW TO CURE THE DEFAULT — Yoa may cure the default within THIRTY (30) DAYS of this date of this notice 13Y PAYING TAE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH 1S $3,086.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME. DUE DURING THE THIRTY (30) DAY PERIOD. Payments must bo made either by -cash, cashier's Check, certified check or money order made payable and sent to: CitiMortgage, Inc. P.O..BOX 183040 Columbus, OH 43218-3040 CrnWMCf9.t Yap 5 or 9307 3100 1170 0752 0803 30 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 thai tha 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 fill 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 TEE 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, np to 550.00- However, if legal proceedings arc started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed S50.00. Any atterucy's fees will be added to the amount you owe the lender, which may also include other reasonable costs. U you cure the default within the THIRTY (30) DAY period, you will not he required to pay attornevss 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'Tb .MIRE THE DEFAULT PRIOR TO SHERIFF'S SALE — if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have began, 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 caving 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 aad any other costs connected with the Sheriff's Sale as specified in writing by the lender and :by performing. any other ren uirementr ender the mn Qe. Curing your default iu 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 Sheriti'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 ;;ale. will be sent to you before the sale. Of course, the amount needed to cure the default will. ncreaso the longer yea meat. Yoe} may find out at anytime exactly what the required payment or action will be by contacting..the lender. HOW TO CONTACT TICE LENDER: Nano of Lender: CitiMortgage, Inc. Address: P.O.. Box 1.2218 Tucson.: AZ 85732-2218 Phone Number: 1-877-361-0173 Fax Number: 1-866-940-8147 CAttnntTerson: Ni :tkA.nthonvNnrtland E -Mail Address: markenthony.b.hartland(citi_com EFFECT OF SHERIFF'S SALE -- You should reali7.@ that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the -Sheriff's Sale, a lawsuit to remove you and your i r nishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may not scll 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 arc satisfied. C17IPMCT93 Page 4of6 4307 1100 1170 0752 0803 30 YOU MAY ALSO HAVE.THE RICRTz • 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 I3Y ANY THIRD PARTY ACTING ON YOUR BEHALF. 6 TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, LE YOU CURE THE DEFAULT, (HOWEVER, YOU DONOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES TN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTI-EERLAWSUTT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TQ SUCH ACTION BY THE LENDER. 4 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON IRK ATTACHED LIST This is au attempt to collect a debt andany information obtained will be used for that purpose. C1T/PAACT91 Page 5 of 6 9307 11E10 1170 0752 0803 30 IIEMAP Consumer Credit Counseling Agencies. CUMBERIAND, County Repurt tom irptioml: 10/16/2013. 1043 AM Advantage Cr editCounseling.ServIceICCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-5H-2227 Housing Alllance.offorls/Y.HousIng Resources 290 Wwlylarket'S tkeCT York PA 1.7401 717-855-2752 PathStone Corporation 1625 North From St Harrisburg, PA 17102 717-234-6616 PA Interfaith Community. ProgromE Inc 40 E High Street CieUysb urg, PA . L7325 717-334-1518 Page 6 ur 6 Community. Action Commission of Capital Region 1514 Derry Sheet Harrisburg, PA 17104 717-252-9757 Ailaranotha 43 Philadelphia Avenue Waynesboro, PA 17263 717.762-3285 PathStone COO Oration 450 CleveikteAvc CnambersUtug. PA. 17201 717-264-5913 PIMA 211 North Front Street Harrisburg:13A 17110 71;7-780-3940 800-342-2397 l4C 9307 11013 1170 0752 0803 30 VERIFICATION Christina Loudermilk, hereby states that 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. AFFIANT: Ey.AL• o��.,,•+,P.,�,�,, Printed Name: Christina Loudermilk Title: Vice -President -Document Control employed by CitiMortgage, Inc. Plaintiff: CitiMortgage, Inc. Date: &p f f,, co! PLAINTfl r : FILE #: 14-1353 NAME: SUNDAY, DARRELL F. & LINDA M. EXHIBIT "B" October 29, 2014 Court of Common Pleas Civil Division Cumberland County ‘!TlMa2TC-11 L --/ 2y C. ; i N2,4 5f 2../wD4 /l . ' 4 y RE: No. 14-5663 Civil Complaint in Mortgage Foreclosure — In response to the above referenced suit filed against Darrell F. Sunday and Linda M. Sunday, we provide the following. 1. Citimortgage, Inc. represents that they are the Owner's of the Mortgage. They in fact are not. The Mortgage is owned by Fannie Mae. The sale of the referenced Mortgage was never disclosed to us. It is our position the Citimortgage, Inc. does not have standing to file this suit and the suit should be dismissed. See EXHIBIT "A". 2. We were provided the documentation that the Mortgage was being transferred from Commerce Bank to Citimortgage. Neither Commerce Bank nor Citimorgage, Inc. ever disclosed that the Mortgage was owned by Fannie Mae. See EXHIBIT "B" 3. In the Complaint filed by Powers, Kim & Associates, LLC on behalf of Citimortgage, Inc. There is no documentation disclosing that the mortgage is owned by Fannie Mae. 4. There are two (2) documents included that were sent via certified Mail without any documents proving we ever received them. On PAGE 3 OF 6 of each document, we are given the opportunity to CURE THE DEFAULT BY PAYING $3,086.87. The Complaint was filed on September 24, 2014. On September 8, 2014, we sent Citimortgage, Inc. a payment in the amount of $4,099.75 which would have brought our obligations up to date. Citimortgage, Inc. refused our attempt to CURE THE DEFAULT and returned the check. See EXHIBIT "C". 5. Earlier this year, Citimortgage, Inc. offered us the opportunity to Refinance and reduce the monthly payment to an amount that we could afford. Citimortgage, Inc. denied our application. 6. We have a line of credit with Citibank, N.A. currently in the amount of $250,000.00. This Line of Credit was issued from Citibank N.A. based on information provided from Citimortgage, Inc. and was only offered to us based on the fact that that Citimortgage, Inc. owned our Mortgage, which as shown in EXHIBIT "A", they do not.. We request documentation that Citibank, N.A. has been notified of this action of foreclosure as they will not receive the arinoptAft49Ahem if the house is sold via Sherrill Sale or Short Sale. 1xgQ0 OtiT11138Wf10 IC 10011101 7. I have included a copy of the latest credit Report from Equifax. This document shows that I have never failed to pay my obligations to anyone. I do not intend to fail to pay my obligations now. However if Citimortgage, Inc. is allowed to continue with foreclosure, it will be out of my control. See EXHIBIT "D". 8. On October 29, 2014 my wife contacted the Cumberland County Bar Association. She was advised that we should file an application to refinance. On the same day, I contacted Michelle at Citimortgage, Inc. and was told that 1 could complete the Application on-line by going to www.citimortgaoe.com which I attempted to do. What I found is that Citimortgage, Inc. has removed the application from their Website. She was also informed that Citimortgage, Inc. has the most foreclosures of any other mortgage company in the State of Pennsylvania and that they are the most uncooperative mortgage company in allowing a foreclosure to be mitigated. 9. We have tried to refinance the mortgage both thru Citimortgage, Inc. and HARP. Unfortunately we have not been successful. 10. We intend to sell the house. 1 would ask the Court to provide us a reasonable amount of time to prepare the house for sale and sell it. I am confident that this will allow all amount due creditors to be paid in full. We respectfully as the Court to dismiss this Complaint base on the fact that Citimortgage, Inc does not own the Mortgage and has no standing and has never disclosed that the mortgage was actually owned by Fannie Mae. We also respectfully ask the court to allow us time to sell the house so that we can pay our obligations. Respectfully submitted, Darrell F. Sunday and Linda M. Sunday 142 Horners Road Carlisle, PA 17015, f EXHIBIT "A" Fannie Mae Loan Lookup : Fannie Mae • of 2 (Mtp 1!www fanniemae.com) ii OWYOUROPTEONS (1) . httpsi/knowyouroptions.comfloanlookup Search About Us (labout-famrie -nee) I Progress (!progress) 1 Fannie Mao Help (lfind- resowresimortgage assfstancelfanz a-maremortgage-hetpcanters) 1 Loan Lookup (floanlookup) 1 Questions (!contact -us) 1 En Esparto! (impanel) Rent (/rent/overview) Buy (/buy/overview) Sell (/seu/overview) Refinance (/refinance/overview) Modify (/modify/overview) Avoid Foreclosure (/avoid -foreclosure) Get Help (/find-resources/mortgage-assistance) Find Resources (find -resources) Home (4 Fannie Mae Loan Lookup Results: Match Found It appears that Fannie Mae owns your loan, DARRELL SUNDAY based on the information you entered: 142 HORNERS RD CARUSLE, PA 17015 Last 4 Digits of Social Security Number. **— Mortgage Loan Closing Date: 01-28-2005 Mortgage Company: CITIMORTGAGE, INC. Results—Our Records indicate: • Fannie Mae owns your loan that was closed on or before May 31, 2009. Knowing the Loan Closing Date is important because some programs such as the Home Affordable Refinance Program (HARP) (/refinance /home -affordable -refinance -program), are available only for the loans closed on or before May 31, 2009. You may be eligible for this program. • You may also be eligible for the Home Affordable Modification Program (HAMP) (/modify/home-affordable- modification-program) or other mortgage assistance programs available exclusively for Fannie Mae -owned loans. • There may be circumstances that prohibit you from financing home energy Improvements with a Property Assessed Clean Energy (PACE) loan since Fannie Mao owns the first mortgage on your home. Contact your mortgage servicer before getting a PACE loan. Options Finder. To help you find the option(s) that might be best for your situation, please answer the questions below 10/29/2014 2:45 FN Fannie Mae Loan Lookup : Fannie Mae of 2 littps://knoWyoUrOptions.com/loanloolcup Have you been delinquent on your mortgage in the past Yes No 12 months? Note: to this case. 'delinquent' means you have paid your mortgage payment late by 30 days or more at any time In the last 6 months Or, that you had more than one tate payment or made a paymerd more than 30 days late In the 6.month period Prior to the last 6 months. Do you anticipate having difficulty paying your mortgage Yes No in the near future (next 2-3 months)? Submit Next Steps: Request an Appointment to Get Hetp (lloanlookupimaaflhamplmhcform) Content the Fannie Mae Mortgage Help Center Network for free housing counseling and assistance with your mortgage. Look for a Foreclosure Prevention Event in your Area(Ifind.resourceslmortgageassistance lforeclosu re -prevention -events) Talk In person with housing counselors and mortgage companies to get the help you need. Explore KnowYourOptions.com (1) Review the useful Infofrnation and tools on this site to team more about your options. Contact Your Mortgage Company (lfind-resourcedmortgage-assistancelhetpful-contactslyour- mortgage-company) Confrrn these results and obtain additional information regarding your mortgage by contacting your mortgage company. ! •-'(httpJAvww.fanniemae.00m) 0 2014 Fannie flea Prlvacy (httpiaannlemae.conmortat/prNaey-statementhtmt) 1 Lepel(http•JMww.fanniemae.coft/portaNeget•dieclosure.htmt)1 FAO(nnd4esource8ntormation-and•toois/regs)1 Stle Map (!site -map) 10/29/2014 2:45 Ply NOTICE OF ASSIGNMENT, SALE OR TRANSFER . OF SERVICING RIGHTS . SUNDAY • . • . 77774403stiNDAT In accordance with Section 6 of Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2605) you are hereby notified that the servicing of your mortgage loan, that is, the right to collect payments from you, has been assigned, sold or transferred from • COMMERCE BANK/HARRISBURG, N.A. 100 SENATE AVENUE CAMP HILL, PA 17011 . • 717-612-2090 • • CITIMORTGAGE, INC. • • 1000 TECENOLOOY DRIVE. MAIL STATION 321' O'FALLON, MO 63304 . The effective date of this•transfer is APRIL 1, • 2005 • Transferor) to . (Transferee). The assignment, sale or transfer of the servicing of the mortgage loan does not affect any term or condition of the security instruments, other than terms directly related to the servicing of your loan. TRANSFEROR SERVICER- The name of an individual employed by COIsHaRcE BANK/EARRISBURG, N.A. • or a department where you may direct inquiries related to the transfer of the servicing rights of your mortgage is . CLOSING DEPARTMENT . and the toll-free or collect call telephone number is 717-612-1090 . . . • ' TRANSFEREE SERVICER - the name of an individual employed by CITIMORs GAGE, . INC. or a department where you may direct inquiries related to the transfer of the servicing rights of your mortgage loan is CUSTOMER SERVICE,' DEPARTMENT •. . and the toll-free or collect call telephone number is •800-283-7918 ' The date on which •COMMERCE. BANK/EARRIBBURG, N.A. , the transferor servicer, will stop accepting payments on your mortgage loan is APRIL 1, 2005 . . . and the date that CXTIMORTGAGE, INC. • • •' • the transferee, will begin accepting your payments is APRIL 1, 2005 . Send all payments on or alter that date to your new servicer. . . The transfer of servicing rights may affect the temu•of or the continued availability of mortgage life or disability insurance or any other type of option insurance in the following manner. . You should take the following action to maintain coverage: . . • You should also be aware of the following information, which is set out in more detail in Section 6 of the Real Estate • Settlement Procedures Act (RESPA) (12 U.S.C. 2605): .. During the 60 -day period following the .effective date of the transfer of the loan servicing, a loan payment received by your old . servicer before its due date may not be treated by the new loan servicer as late, and a late fee may not be imposed on you, ' ' Section 6 of RESPA (12 U.S.C. 2605) gives you certain consumer rights. If you send a "qualified written request' to your loan • servicer coacerning the servicing of your loan, your servicer must provide you with a written acknowledgment within 20 • . ' . .. Business Days 'of receipt of your request. A "qualified written request" is a written correspondence, other than notice on a ' . ' payment coupon or other payment medium supplied by the servicer, which includes your name and account number, and your reasobs for the request. If you want to send a "qualified written request" regarding the servicing of your loan, it must be sent to this address: CITIM0RT0A08, INC. . . BOX 8003, S. HACKENSACK, NJ 07600 . • • Not later than 60 Business Days after receiving your request, your servicer must make any appropriate corrections to your account, and must provide you with a written clarification regarding any dispute. During this 60 -Business Day period, your servicer may not provide information to a consumer reporting agency concerning any overdue payment related to such period or qualified written. request. However, this does not prevent the servicer from initiating foreclosure if proper grounds exist under the mortgage documents.' . A Business Day is a day on which the offices of the business entity are open to the public for carrying on substantially all of its business functions, • : . Section 6 of RESPA also provides for damages and costs for individuals or classes of individuals in circumstances where servicers are shown to have violated the requirements of that Section. You should seek legal advice if you believe•your rights have been violated. Present Servic COMNERCS BADUC./BARRISBURG, N.A. Docusra oU1sso cowrra.vax osnsnros FuturoServicer • CITIMORTGAGE, INC. • ASSIGNMENT OF SECURITY INSTRUMENT BY A CORPORATION KNOW ALL MEN BY THESE PRESENTS, that COMMERCE BANK/ . ' • • HARRISBURG. NATIONAL ASSOCIATION. original mortgagee, a corporation organized under the laws of• PENNSYLVANIA, Party of the first part, for and in •• consideration of $120,000.00 and other valuable consideration lawful money of the • United States of America, to it paid by . • CitiMortgage, Inc. a Delaware Corporation, 1000 Technology Drive; O'Fallon. MO 63304 Party of the second part, the 'receipt whereof is hereby acknowledged, has sold, • assigned, transferred and does hereby sell, assign and transfer to the said party of the • . second part, all right, title and interest of the said•party the first part in and to a certain • real estate security instrument, dated the 28th • of January , 2005 ' ' Darrell F. Sunday and Linda M. Sunday .• and recorded in the Recorder of Deeds office amount the land records of the Deed Book/Liber • • at Page/Folio , and more particularly described as follows: SEE EXHIBIT "A" .• IN WITNESS WHEREOF, said party of the first part has caused these presents to be• signed ' by its . Assistant Vice President • this 28th day of ' January. 2005. Witness: STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND • COMMERCE BANK/HARRISBURG NATIONAL ASSOCIATION ' 100 SENATE AVENUE • P.O.BOX 8599 • CAMP'HILL, PA 17011 Assistant Vice President • • • On this, the 28th day of _January. 2005 before me, the undersigned officer, personally appeared Robin M. Zerbe , who acknowledged herself to•be the Assistant Vice President of Commerce Bank/Harrisburg, and that she•as such Assistant Vice President being authorized to do so, executed the foregoing instrument for the purposes therein contained by' signing the name of the corporation herself as Assistant Vice President. • IN WITNESS WHEREOF, I hereunto set my hand and official seal. S6 -0k- D(.O ' Notary Public • Notartai stag • Sharon E. Maisano, Notary Patio . LLNetAlien Tv ,CunbalandCounty My Comni sion E res Jity 10, 2008 • tvtamber, Pemnytvaia Assodatk n 0f Warts • . • • FEDERAL TRUTH -IN -LENDING DISCLOSURE STATEMENT Names of Borrower(s):E=.vi ettrY . • Date: 01/28/05 • • • PropertyLocation: 142 HORNER ROAD, CARLISLE, PA 17013 Lmuler COMMERCE BANR/HARRISBURG, N.A. ' • Loan Number: 77774402 8 UNDAY ANNUAL PERCENTAGE RATE. The cost of your . credit as a yearly rate. .. "•: • • ,5.302 % . FINANCE CHARGE • ' • The dollar amount the credit will cost you. . • • • . . - 954,516.80 • Amount Financed • The amount of credit provided to you or on your behalf. • • • • • . $119,120.97 • Total of Payments The amount you will have paid after you have made • all payments as scheduled. , $173,637.77 You have the right to receive at this Mite an Itemization of the Amount Financed. • • • p I want. an itemization. • •1 do not want an itemization. Payment Schedule • . NUmber of MONTHLY • Payments are Due ' Number of MONTHLY • Payments are Due • • • Payments ' Payments of • MONTHLY beginning: Payments • • Payments of MONTHLY beginning: • • ' ' • i79 • . 96465 APRIL 1, 2005 965.42 MARCH 1, 2020 • . • • ' O This loan has a demand feature 0 Variable Rate: Disclosures about the variable rate feature have been provided to you earlier. 011 Variable Rate Not Applicable • • . Security: 0 You arc giving a security interest in the property being purchased [2 Other (describe): REAL PROPERTY YOU ALREADY. OWN Late Charge: .If payment is more than 15 days late, the penalty charge is 5.000 . % of the payment. Filing Fees/Recording Fees:. $ • . • • Prepayment: If you pay off this loan early, you 0 May . M will not have to pay a penalty. And you 0 may M will not. • • • * • be entitled to a refund of part of the finance charge. • — . Assumption: Someone buying your home • gl.will not be aUowed to asstune the rents. hider of this mortg,age on the original terms. • • 0 raay, subject to conditions, be allowed to assume the remainder of this mortgage on the original terms: Required Deposit: If Lender requires you to maintain a deposit as a condition of the loan, the annual percentage rate does not reflect the effect of the required depo'sit.. Property Insurance is required to obtain credit and may be obtained from anyone you want who is acceptable to this Lender. O Property Insurance is not available through Lender. . • O If you obtain Property Insurance from . • , you will pay $ • for a term of . CREDIT LIFE AND DISABILITY INSURANCE are not required to obtain credit and will not be provided at the time of closing. You may bc offered these plans after closing, but they are not in effect at this time. No such insurance will be in force until you have completed an application, the insurance company has issued the policy, and the effective date of that policy has been provided. . See- your loan documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 1/ We acknowledge receipt of a completed copy of this disclosure. SIGNED AND DATED: • - BORROWER - LINDA M. SUNDAY - DATE ReggfiEVIIE 10//3/2,61 ITEMIZATION OF 'AMOUNT FINANCED DATE JANUARY 26, 2005 BORROWER(S): ' DARRELL U. SUNDAY 4 LINDA N. SUNDAY PROPERTY ADDRESS: 142 HORNER ROAD, CARLISLE, PA 17013 LOAN AMOUNT: $120,000.00 ITEMIZATION OF THE AMOUNT FINANCED OP S TOTAL PREPAID FINANCE CHARGES: $879.03 119,120.97 LOAN I, 77774402BUNDAY . Amount Paid to Others on Your Behalf Amount • Amours included in Finance Charge and APR Origination Fee to 5 x Discount Pee to - - 5 • x Appraisal Fee to • BYEVRN te. EARRETT. SRA. URFA S 50.0.0 Credit Report Fcc to: S Lender's Inspection Fee to: 5 x Mortgage Inv. Application Fee to: S x COMMITMENT/UNDERWRITING PRE TO, $• 245.00. X Processing Fee: S 75.00 ' X Tax Service Fee to: ' . S x Interest: . S 466.03 X UPFRONT PMI PEEL S Mortgage Insurance Fee to: S . x Settlement Pa to: • • • S Abstract or Title Search to: . 5 • Title Examination Fee to:. • 5 • • Title Insurance Binder to: - S • Document Preparation Fee to: S Notary Fee to: ' . $ Attorney's Fee to: S Title Insurance Fee to: • S • Recording Fees to: S .— City/County/Stamps to: 5 State Tax/Stamps to: S Survey Fee to: S Pest Inspection Fee to: S OlherFeeto: COURIER PEE TO UNISNIPPERS 5 25.00 X Other FatO: ' DOCUMENT PREPARATION $ 150.00 - OOurFeeto: FLOOD CERTIFICATION TO V.O. DETERMINATION QVC INC $ 6.00 X• Other Fee to: • 5 x Other Pec to: S Other Pee to: . S Other Fee to: S - x Other Fee to: ' . S Other Fa to: 5 x • Other Fa to: - S x • Other Fee to: S . x Other Fax to: • ' • S x Other Fee to: - 5 x • Other Fee to: . S x Other Fee to: - $ X ' Other Fee to: . .. $ x Other Fee to: • 5 Other Fee to: $ ' Other Fee to: 5 Other Pee to: S Other Fee to: $ Other Fee to: - S Other Fee to: • 5 . • Other Fee to: S Other Fee to: 5 • Other Fee t0: CLO82N0 PROTECTION LETTER S 35.00 x Other Fee to: • 5 Other Fee to:. $ Other Fee t0: ASSIGNMENT OF MORTGAGE 5 27.00 X Other Fee to: S Other Fee to: . - • $ Other Pcc to: . S - . Other Fee to: S Other Fee to: S Other Fee to: S Other Fee to: S . Other Fee to: •. 5 ' Other Fee to: ' ' 5 - Odor Fee to: • 5 Otha Fec to: S - • ' Total Prepaid Finance Charges: ' • 5 079.03 - MAWOWEM - DARRELL P.. BOND TE NO bOG9CUldr22.VTX 0,/0,/2006 N. FONUAZ - DATE - COMMERCE BANK/HARRISBURG, N.A. 100 SENATE AVENUE, CAMP HILL, PA 17011 Borrower(s): DARRELL F. SUNDAY LINDA M. SUNDAY • • • LoanNo: •0020024.01882 Initial Amortization Schedule General loan parameters: Appraised Value: 3418,000;00 . Sales Price: N/A • Original Principal Balance: $120,000,00 . . Term in Months: 180 • • Interest Rate: 5.250 Pymt Payment ' • Payment # Date • Amount 1 04/01/.05 .'$964.65. 2 05/01/05 $964.65• ' 3 06/01/05 $964.65 4 07/01/05 $964.65 5 08/01/05 $964.65 6 09/01/05 $964.65 7 10/01/05 $964.65 8 11/01/05 $964.6$. 9 12/01/05 6964.65 1.0 01/01/06 $964.65 • 11 02/01/06 1964.65 12 03/01/06 5964.65 13 04/01/06 6964.65 14 05/01/06 ' $964.65 15 06/01/06 $964.65 • 16 07/01/06 $964.65 17 08/01/06 $964.65 18 09/01/06 $964.65 19 10/01/06 $964.65 20 11/01/06 $964.65 • 21 12/01/06 $964.65 ' 22 01/01/07 $964.65 23 02/01/07 $964.65 24 03/01/07 $964.65 25 04/01/07 $964.65 26 05/01/07 3964.65• 27 06/01/07 3964.65' 28 07/01/07 $964.65 29 08/01/07 $964.65 30 09/01/07 $964.65 31'10/01/07 $964.65 32.11/01/07 1964.65 • 33 12/01/07 $964.65 34 01/01/08 8964.65 '35 02/01/08 $964.65 36 03/01/08 ' $964.65 37 04/01/08 , $964.65 38 05/01/08. : 6964.65 • 39 06/01/08 . $964.65 40 07/01/08 $964.65 • 41 08/01/08 $964.65 42 09/01/08 $964.65 43 10/01/08 • $964.65 . 44 11/01/08 $964.65 45 12/01/08 $964.65 46 01/01/09 $964.65 47 02/01/09 $964.65 48 03/01/09 $964.65 • 49 04/01/09 $964.65 ' •50 05/01/09. $964.65. • 51 06/01/09 $964.65 52 07/01/09 •3964.65 ••53 08/01/09 $964.65 54 09/01/0.9 • 6964.65 55 10/01/09 $964.65 56 11/01/09 • $964.65 57 12/01/09 $964.65 58 01/01/10 $964.65 59 02/01/10 . $964.65 60 03/01/10 $964.65 BWEgiNTX 4/31/7006 • Interest Principal Portion Portion $525.00 $439_.65 $523.08 6441.57. $521.14 $443.51 $519.20 $445.45 $517.26 $447.39 $515.30 3449.35 $513.33 $451.32 $511.36 $453.29 $455.28 $457.27 $459.27 $461.28 $463.30 $465.32 $467.36 $469.40 3471.46 $473.52 $475.59 $477.67 $479.76 $481.86 $483.97 $486.09 $488.21 $490.35 $492.49 $494.65 $496.81 $498.99 $501.17 $503.36 $505.56 $507.78 $510.00 $512.23 $514.47 $509.37 $507.38 $505.38 $503.37 $501.35 $499.33 $497.29 $495.25 $493.19 $491.13 $489.06 $486.98 $484.89 $482.79 $480.68 $478.56 . $476.44 $474.30 3472.16 $470.00 $467.84 $465.66, $463..48 $461.29 $459.09 $456.87 $454.65 $452.42 $450.18 $447.93'•$516.72 $445.67, $518.98 $443.40 $521.25 $441.12:'$523.53 $438.83 $525.82 $436.53.'$528.12 $434.22 $530.43 $431.90 '$532.75 $429.57 $535.08 $427.22. $537.43 $424.87 $539.78 $422.51 $542.14 1420e14 $544.51 $417.76 $546.89 $415.37 $549.28 .$412.96 $551.69 $410.55 $554.10 $408.12 $556.53 $405.69 $558.96 $403.24 $561.41 $400.79. $563.86 $398.32 $566.33 $395.84' $568.81 Principal & Interest $964.65 $964.65 $964.65 • $964.65 $964.65 $964.65 $964.65 $964.65 $964.65• $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 3964.65 3964.65 $964.65 $964.65 $964.65 3964.65 $964.65 $964.65 $964.65 $964.65 3964.65 $964.65 $964.65 $964.65 $964.65' $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 • $964.65 $964.65 $964.65 $964.65 $964.65 $964.66 $964.65 $964.65 $964.65 $964.65 $964.65 $964..65 $964.65 $964:65. $964.65 $964.65 $964.65 $964.65 $964.65 $964.65 $964.'65. PAOQ 1 OD 3 Interest Paid $525.00' $1,048.08' $1,569.22 Remaining Resulting .Balance LTV $119,560.35 28.60 $119,118.78 28.50 $118,675.27 28.39 $2,088.42 $118,229.82 28.28 $2,605.68 $117,782.43 28.18 33,120.98. 3117,333.08 28.07 $3,634.31 $116,881.76 27.96 $4,145.67 $116,428.47 27.85 $4,655.04 5115,,.973.19 27.74 35,162.42' $115,515.92 27.64 . $5,667.80 .$115,056.65 27.53' $6;171.17 1114,595.37 27.42 $6,672.52 $114,132.07 27.30 $7,171.85 6113,666.75 27.19 $7,669.14 $113,199.39 $8,164.39 3112,729.99 $8,657.58 $112,258.53 $9,148.71 , $111,785.01 $9,637.77 . $111,309.42 510,124.75 .3110,031.75 $10,609.64 $110,351.99 $11,092.43 $109,870.13 $11,573.11 •3109,386.16 $12,051.67 $108,900.07 $12,528.11 1108,411.86 $13,002.41 $107,921.51 $13,474.57 $107,429.02 313,944.57. $106,934.37 $14,412.41 $106,437.56 $14,878.07 $105,938.57 $15,341.55 $105,437.40 $15,802.84 $104,934.04 $16,261.93 $104,428.48 316,718.80" $103,920.70 $17,173.45 $103,410.70 $17,625.87 $102,898.47 $18,076.05 $102,384.00 $18,523.98 $101,867.28 $18,969.65 $101,348.30 $19,413.05 $100,827.05 $19,854.17 $100,303.52 $20,293:00 $99,777.70 820,729.53 899,249.58 $21,163.75 .698,719.15 $21,595.65 $98,186.40 522,025.22 $97,651.32 $22,452.44 $97,113.89 $22,877.31 $96,574.11 523,299.82 396,031.97 $23;719.96 $95,487.46 824,137.72 • $94,940.57 324.,553.09 $94,391.29 $24,966.05 $93,839.60 $25,376.60 $93,285.50 325,784.72' $92,728.97 $26,190.41 $92,170.01 $26,593.65 $91,608.60 $26,994.44 $91,044.74 327,392.76 390,478.41 $27,788.60 589,909.60 27.08 26.97 26.86 26.74 26.63 26.51 26.40 26.28 26.17 26.05 25.94 25.82 25.70 25.58 25.46 25.34 25.22 25.10 24.98 24.86 24.74 24.62 24.49 24.37 24.25 24.12 24.00 23.87' 23.74 23.62 23.49 23.36 23.23 23.10 22.97 22.84 22.71 22.58 22.45 22.32 22.18 22.05 21.92 21.78 21.65 21.51 54'8 49'8 • 48'8 EO'6, cc's' T9'6 09'6 .8L,6 L6'6 91'01 'cos ESOT tL'OT 06'OT 80'11 9Z'tT 44'11 69'TT 08'Tt 86'tt 9T'Lt £E'Zt TS'Zt WET 98'ZT £0'ET WET 8E'Et WET LL'Et 68'ET 90'bt £Z'bt 65'41 95'9T £L'9T, .68'bt 90'S1 LZ'St 6£651 SS'ST tL'ST LB'St E0'9T 61'91. .SE'9T TS'9T L9'9T £8.9t 86'91 -T'LT 6Z'Lt 54'Lt 09'61 SL'LT 16'LT 90'8t 16'81 9('81 TS'et 99'81 t8'Bt 96'8T Ot'6t 56'61 O4'6T 45'61 69''61 £8.61 L6'6t LT'OL 96'0Z 04'06 bS'0L 89'OL Z8'OZ 96'06 01'16 LC -Et 4£'8L£'SE$ 0664£1'9£$ S6'LE6'9E$ OS'LEL'LE$ LS'££S'B£$• Lt'9Z£'6E$ ZE'Stt'04$ £0'106'04$: 6£'.£89'14$ OL'L94'Z4S 69'L(Z'E4$ 08'600'99$ 9S'8LL'b4$ b6'£45'S4$ 00.90£'94$ 4L'490'L4$ 8t'OZ8'LP$ EE'LLS'et$ •OZ'TLE'64S T8'990'059 LT'608'05$'. 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Resulting ' ..# • • Date • Amount . Portion . Portion Interest Paid Balance LTV • • • 141 12/01/16 $964.65 $154.56 $810.09 3964.65.• $50,533.90 $34,518.25 8.26 142.01/01/17 $964.65 3151.02"• $813.63 $964.65 •.$50,684.92 '$33,704.62 8.06 143 02/01/17 •3964.65 $147.46 $817.19 $964.65 $50,832.38 '$32,887.43 7.07 144 03/01/17 $964.65 3143.88 6820.77 $964.65 550,976.26• $32,066.66 7.67- 145.04/01/17 8964.65 3140.29 $824.36 6964.65 351,116.55 631,242.30 7.47 5 146 05/01/17 6964.6 '•$136.69 .$827.96 3964.65 ' $51,253.24 $30,414.34 7.28 147 06/01/17 $964.65 $133.06 $831.59 $964..65 ' 351,386.30 $29,582.75 '7.08. 148'07/01/17. $964.65 • $129.42 3835.23 $964.65 $51,515.72 $28,747:52 6.88 149 08/01/17 $964.65 . $125.77 $838.88 $964.65 : $51,641.49 $27,908.64 6.68 150 09/01/17 : $964.65 ' $122.10 4842.55 3964.65• $51,763.59 $27,066.09 • 6.48, 151 10/01/17 • $964.65 3118.41 . 6846.24, $964.65 $51,882.00' $26,219.85 .6.27 152.•11/01/17 '.3964.65 3114..71 .$849.94 $964.65 • $51,996:71 $25,369.91 6.07 153 12/01/17 .•6964.65 3110.99• $853.66 3964.65' $52,107.70 324,516.25 5.87 ' 154 01/01/18 $964.65 $107.26 '$857.39 $964.65 $52,214.96 $23,658.86 5.66 155 02/01/18 $964.65 3103.51' '$861.14 $964.65 •$52,318.47 $22,797.72 5.45 156 03/01/18 $964.65 $99.74 $864.91 $964.65 052,418.21 $21,932.81 5.25 157'04/01/18 $964.65 395.96' 3868.69. 3964.65, $52,514.17 $21,064.12 5.04 158 05/01/18 3964.65 $92.16 $872.49 $964.65 • $52,606.33 $20,191.63 4.83 159 06/01/18 $964.65 588.34 $876.31 $964.65 ' $52,694.67 $19,315.32 4.62 160 07/01/18 $964.65 $84.50 •6880.15 $964.65 $52,779.17 $18,435.17' 4.41 161 08/01/18 : $964.65 380.65• $884.00 $964.65 $52,859.82 $17,551.17 • 4.20 • 162 09/01/18 ' 6964.65 $76.79 1887.86 $964.65 $52,936.61 $16,663.31 3.99 • 163 10/01/18 $964.65 • $72.90 . $891.75 ' 3964.65' ' $53,009.51 '$15,771.56 3.77' 164 11/01/18 $964.65 $69.00 ' $895.65 $964.65 $53,078.51 $14,875.91 .3.56 165 12/01/18 $964.65 565.08 6899.57 ' $964.65 $53,143.59 313,976.•34 3.34 166 01/01/19 $964.65 $61.15•.,$903.50• $964.65 453,204.74:. $13,072.84 •3.13. 167 02/01/19 $964.65 $57.19 $907.46 3964.65• 553,261.93 $12,165.38. 2.91 168 03/01/19 $964.65 553.22 $911.43 $964.65 $53,315.15 $11,253.9$ 2.69 169 04/01/19 . $964.65 $49.24 $915.41 • $964.65 $53,364.39 $10r338.54 .'2.47 . 170 05/01/19 $964.65 '345.23 $919.42 3964.65• $53,409.62 $9,419.12 , 2.25 171 06/01/19'' $964.65 ' .641.21' 3923.44• $964.65 $53,450.83 38,495.68 2.03 172 07/01/19 ' $964.65 $37.17 $927.48 $964.65 $53,488.00'.$7,568.20 1.81 173 08/01/19 $964.65 $33.11 $931.54 $964.65 153,521.11• $6,636.66 1.59 .' 174 09/01/19 .$964.65 $29.04 ' 5935.61 $964.65 $53,550.15 $5,701.05 1.36 175 10/01/19 $964.65 $24.94 $939.71 3964.65 • 153,575.09 34,761.34' 1.14 176 11/01/19, $964.65 320.83• 3943.82 3964.65 353,595.92 33,817.52 0.91 177 12/01/19 • '5964.65 $16.70 . $947.95 $964.65 $53,612.62 $2,869.57 0.69 178 01/01/20 3964.65' $12.55 $952.10 $964.65 $53,625.17„ $1,917.47 0.46 • 179 02/01/20 $964.65 $8.39 ' .3956.26 $964.65 $53,633.56 $961.21 • 0.23 •' 180'03/01/20 .$965.42 $4.21 $961.21 $965.42 $53,637.77 $0.00 ' 0.00 THIS AMORTIZATION SCHEDULE IS BASED ON THE TERMS SET FORTH ABOVE AND ASSUMES THAT PAYMENTS ARE MADE AS SCHEDULED AND THAT NO PREPAYMENTS OCCUR PRIOR TO THE MATURITY DATE OF THE LOAN. IT IS PROVIDED AS AN EXAMPLE ONLY IF IT IS FOR AN, ADJUSTABLE RATE MORTGAGE LOAN, IT ASSUMES HYPOTHETICAL INTEREST RATE AND PAYMENT CHANGES THATM . AY DIFFER FROM, ACTUAL CHANGES. SORROWBR - DARRBLL F. SUNDAY - DATE - • . • - BORROWER - LINDA M. SUNDAY- DATE DOCVuu2,21 4/14/2004 PHOS 3 01. 3 EXHIBIT "C" Vi 1 PAY TO THE ORDER OF GWEN D. SUNDAY 1 HOOVER ROAD CARUSLE, PA 1701SC',S`, 1 a DATE 00 !A M&TBank %drip awe., offo o447 #2ao24o/gg2-0 .1:03L30N551: 0 2145 1$ 0g6.1• DOLtARS moSdect. 267404)111/21152/.45 Y& �" CLOSURE L DFU4 5 5 q33 B043.4 33 651126'14 • EXHIBIT "D" ' Equifax Personal Solutions: Credit Reports, Credit Scores,. Protection... ltttpsi/www.econsumer.equifax.comlotc/riewPopUpDetail.ehtml?pro... Debt to Credit Ratio by Account Type NOTE: Total may not equal 10096 duo to roundtng. Account Age Usually, it Is a good idea to keep your oldest credit account open, as a high average account age generally demonstrates stability to tenders. Also, especially if you have been managing credit for a short time, opening many new accounts will lower your average account age and may have a negative impact. Length of Credit History 22 Years, 6 Months Average Account Age 9 Years, 11 Months Oldest Account BANK OF AMERICA (Opened 03113/1991) Most Recent Account CAPITAL ONE AUTO FIN (Opened 12/03/2011) Inquiries - Requests for your Credit History Numerous inquires on your credit file for new credit may cause you to appear risky to lenders, so It Is usually better to only seek new credit when you need it. Typically, lenders distinguish between Inquiries for a single loan and many new loans in part by the length of time over which the inquiries occur. So, when rate shopping fora loan its a good idea to do it within a focused period of time. Inaulrigs In the Last 2 Years 2 Most Recent Inquiry CAPITAL ONE AUTO FIN (11117/111 Potentially Negative Information Late payments, collections and public records can have a negative impact on your credit standing. The more severe and recent they are, the more negative the potential impact might be. Public Records 0 Nenative Accounts 0 Collections 0 Mortgage Accounts Mortgage accounts include first mortgages, home equity loans, and any other loans secured by real estate you own. Open Accounts Account Name Account Number Date Balance Date Past Status Credit Opened Reported . Due Limit CITIBANK, N.A. 6100548-271422XXXX 12/12/2007 $249,609 08/30/2013 PAYS AS $255,000 ----., AGREED 2 of 22 11/21/2013 11:05 AM ------=:_Y:= Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number CITIBANK NA. PO Box 769006 San Antonio, TX -782459006 (800) 6850935 'Account Number. Account Owner. • Type of Account : Term Duration: Date Opened lntpsJ/anew.econsumer.equif x.coMatc/viewPopUpDetaiLehtml?pro... Balance Data Reported 6100548-271422XXXX Status: Individual Account. Line of Credit Date Opened: 12/12/2007 Date Reported: 08/30/2013 Date of Last Payment: 08/2013 Scheduled Payment Amount: $557 Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date •of First Delinquency: N/A Comments: Credit tine suspended, Variable adjustable Rate 81 -Month Payment History. Year Jan Feb Mar '2013 2012 2011 * 2010 • '2009 * * 2008 2007 * * * * * CITIMORTGAGE 200240XXXX CITIMORTGAGE PO Box 6243 Sioux Fails, SD.571178243 (800) 283-7918 Account Number. Account Owner, 3of22 • Past Status Due Credit Limit PAYS AS AGREED High Credit: $253,994 Credit Limit: $255,000 Terms Frequency: Monthly (due every month) Balance: $249,608 Amount Past Due: Actual Payment Amount: 5800 Date of Last Activity: 08/2013 Months Reviewed: 88 Activity Designator: N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Home Equity Line of Credit Apr 'May :Jun .Jul Aug Sep Oct Nov Dec * * * * * .. ..*. * *, .. * * * * *. * * * * * * * * * * * .. * * *. 9 9 *... ...... _. .. * * * * * .. •. • 01/28/2005 $63,038 08/31/2013 200240XXXX Joint Account Status: High Credit: PAYS AS AGREED PAYS AS AGREED $120,000 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scones, Protection... Account Name Account Number Type of Account ©: Term Duration: . .Date Opened: Date Reported: Date of Last Payment: ,Scheduled Payment Amount: 'Date Major Delinquency First Reported: :Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: :Date of First Delinquency: Comments: Mortgage 15 Years Date Opened 01/28/2005 08/31/2013 08/2013 $984 N/A Fannie Mae account 81 -Month Payment History .F•et) Mar .................. Year Jan Apr May 2013 • * * * ................ .... 2012 •* 2011 .2010 2009 • • 2008 2007 •* 2006 Closed Accounts https://www econsumer.equifax.com/otc/viewPopUpDetail.ehtml?pro... Balance Date Past Status • Credtt Reported Due Limit Credit Limit: Terms Frequency: Monthly (due every month) Balance: $83,038 Amount Past Due: Actual Payment Amount: $964 Date of Last Activity: 08/2013 Months Reviewed: 99 Activity Designator: N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Conventional RE Mortgage :Jun Jui .Aug 'Sep Oct * * * * * f. .. * * * w * * * * • A... • * * * . • • * * Account Name Account Number HARRIS SAVINGS 5008XXXX ASSOC HARRIS SAVINGS ASSOCIATION SECOND 8 PINE STREETS HARRISBURG. PA -19105 (717) 236-4041 Account Number. 5008XXXX Date Balance Date Opened Reported •Nov .Dec w * • w * • • * w * * • * * • • * Past Status Due 05/01/1996 $0 02/01/2005 PAYS AS AGREED Account Owner. Joint Account Type of Account Q Mortgage Term Duration: 30 Years 4 of 22 Status: High Credit: Credit Limit: Terms Frequency: PAYS AS AGREED $100,000 Credit Limit Monthly (due every month) 11/21/2013 11:05 Av1 i f Equifax Personal Solutions: Credit Reports, Credit Scares; 5 of 22 io hops J/www. econsume r.equifax.conVotc/viewPopupDetailehtml?pro... Account Name Account Number Gate Balance Date past Opened Reported:' Due •- . Date Opened: 05/01/1996 Balance: IDate Reported: 02/01/2205 !Dete of test Payment: _ • 0112005 '.S ,cheduled Payment Amount: $656 :Date Major Delinquency First :Reported: :Creditor Classification: ;Charge Off Amount: 4BalloonPayment Amount: Date Closed: • • • Status .`• $0 Amount Past Due: Adual Payment Amount Date of Last Activity: • Months Reviewed: 5656 12/2004 99 Credit Limit Activity Designator. Transfer/Sold • Deferred Payment Start Date: •.... _......._._._.._...._..__...... Balloon Payment Date: _. _..,..,._......... 02/2005 Type of Loan: Conventional RE Mortgage ;Date of First Delinquency: N/A Comments: 81 -Month Payment History{ !No 81 -Month Payment Data available for display. SOVEREIGN 617405681709XXXX 07/01/1998 sa 03/01/2005 PAYS AS BANK AGREED SOVEREIGN BANK PO Box 12646 Reading, PA -196122646 (215) 320.8400 :Account Number: 617406681709XXXX Status: PAYS AS AGREED lAccount Owner:......._._ individual Account. High Credit: $30.,000 ;Type of Account 0: :Term Duration: •Date Opened:_, :Date Reported:_........-...._.. Date of Last Payment: tScheduled Payment Amount: Date •Majdr'Oelinqu envy First Reported: . :Creditor Classification: Mortgage CredItLlrnit:•• •. - 10Years Terms' Frequency: • Monthly (due every month) 07/01/1998 Balance 50 03/01/2005• Amount Past Due: Actual Payment'Amount: $384 bate of Latt Activity: N/A Monthe Reviewed.; •N/A Gharge Off Amount: ;Balloon Payment Amount: :Date Closed: 02/2 'Date of First Delinquency: N/A Comments: Activity Designator. Paid and Closed Deferred Payment Start Date: ......__..___....---.-.--- Balloon PAymeni Dale:.-_.._.._—._ ......_._.... 006_......--•--.._____ Type of Loan: Conventional RE Mortgage 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Closed Accounts Account Name Account Number AMERICAN HONDA I677XXXX FINAN AMERICAN HONDA FINANCE 200 ConUnental Dr Newark, DE -197134334 (800) 916-9930 Account Number: 1677)000( • . . 'Account Owner. Type of Account 0: Term Duration: .Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: 'Creditor Ciassification: Co -maker Installment 48 Months 05/01/2001 09/01/2008 06/2005 $566 Charge Off Amount: Balloon Payment Amount: Date Closed: 06/2005 Date of First Delinquency: NIA . .Comments: Itttps:/nyww.econstuner.equifaxc,orolotclviewPopUpDetail.ehtmllpro... Date Date Balance Opened Reported Past Due Status 05/01/2001 $0 09/01/2006 PAYS AS AGREED 81 -Month Payment History No 81 -Month Payment Data available for display. Status: High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: . . PAYS AS AGREED . . . $24,617 Credit UmIt Monthly (due every month) 00 0566 06/2005 19 Activity Designator. Paid and Closed . . . . . . Deferred Payment Start Date: Balloon Payment Date: • Type of Loan: . . HARRIS SAVINGS 175100XXXX 07/01/1998 $0 ASSOC • HARRIS SAVINGS ASSOCIATION SECOND & PINE STREETS HARRISBURG, PA -19105 (717) 238-4041 Account Number 175100:000C Account Owner. Individual Account. .. . . . . .. . ... ... Type of Account Ca: Installment . . . Term Duration: 120 Months DateOpened: 7 of 22 07/01/1998 Auto . . . . . 02/01/2005 PAYS AS AGREED Status: - PAYS AS AGREED High Credit $30,000 • Credit Limit: Terms Frequency: Monthly (due every month) . . 00 Balance: 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: 02/01/2005 01/2005 $364 Charge Off Amount: Balloon Payment Amount: :Date Closed: 02/2005 Date of First Delinquency: N/A Comments: Date Opened 81 -Month Payment History No 81 -Month Payment Data available for display. ht tpsi/www.econsumer.equifax.com/otc/viewPopUpDetai l.ehtml?pm... Balance Date Past Reported • Due Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Status . $364 12/2004 78 Credit Limit Activity Designator: Transfer/Sold Deferred Payment Start Date: Balloon Payment Date: Type of Loan: MANUFACTURES & 1000019163824XXXX 06/01/1999 $0 TRADE M & T BANK Attn: Cbd Team PO Box 900 Millsboro, DE -199660900 (800) 724-2440 Account Number: • Account Owner Type of Account 0: .Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: .Date Major Delinquency First ;Reported: Creditor Classification: .Charge Off Amount: Balloon Payment Amount: 1000019163824X OO( Status: Joint Account Installment 06/01 /1999 12/01/2003 12/2003 5266 .Date Closed: .Date of First Delinquency: N/A Comments: 81 -Month Payment History No 81 -Month Payment Data available for display. 8of22 12/01/2003 High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity:.12/2003 Months Reviewed: 54 Secured PAYS AS AGREED PAYS AS AGREED $12,623 Activity Designator: Paid and Closed Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Auto 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scorns, Protection... Account Name Account Number RBS, CITIZENS N.A. 271811XXXX CITIZENS BANK 1 Citizens Dr Riverside, RI -029153019 .Account Number httpsJ/www.econsumer.equifax.com/otch iewPopUpDetaiLehtm1?pro... OpenedDate Date Balance Reported Past Due Status 08/01/2005 30 10/01/2010 PAYS AS AGREED 271811 XXXX Account Owner Joint Account Type of Account 0: Installment Term Duration: 80 Months Date Opened: 08/01/2008 Date Reported: 10/01/2010 Date of Last Payment: 10/2010 Scheduled•Payment Amount: $351 Date Major Delinquency First • Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: 10/2010 N/A Date of First Delinquency: Comments: 81 -Month Payment History :Year.Jan Feb•Mar 201 •' * 2009 • • * 2008 • 2007 •• 2006 * US BANCORP 51059XXXX US BANK 425 Walnut St Cincinnati, OH -452023956 (800) 331-4738 Account Number. Apr • • * May • * * * 51059XXXX :Jun * Status: High Credit: Credit Limit: Terms Frequency: Monthly (due every month) Balance: $0 Amount Past Due: Actual Payment Amount: $180 Date of Last Activity: 10/2010 Months Reviewed: 52 PAYS AS AGREED $17,700 Credit Limit Activity Designator. Paid and Closed Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Auto Jul .Aug Sep Oct• • * • • - 12/01/2003 30 12/0112008 •Account Owner. Joint Account Type of Account W: Installment 9 of 22 Status: High Credit: Credit Limit: Nov 'Dec « « * *_. * * .. ...• • PAYS AS AGREED PAYS AS AGREED $32,114 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Term Duration: Date Opened: Date Reported: Account Number Date opened 60 Months 12/01/2003 • 12/01/2008 Date of Last Payment: 12/2008 Scheduled Payment Amount: $597 Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: 12/2008 Date of First Delinquency: N/A Comments: 81 -Month Payment History No 81 -Month Payment Data available for display. https://www.econsumer equifax.com/otcMewPopUpDetail, ehtml?pro... e Past Balance Reported Due Terms Frequency: Balance: Amount Past Due: Actual Payment Amount 8570 Date of Last Activity: 12/2008 Months Reviewed: 56 Status Credit Limit Monthly (due every month) $0 Activity Designator. Paid and Closed Deferred Payment Start Date: Balloon Payment Date: Type of loan: Auto eBackto Top Revolving Accounts Revolving accounts are charge accounts that have a credit limit and require a minimum payment each month, such as most credit cards. Open Accounts Account Name Account Number Date Opened AMERICAN •-349991666646XXXX 04/02/2009 EXPRESS AMERICAN EXPRESS PO Box 981537 El Peso, TX -799981637 (800) 874-2717 Account Number. Balance Date Past Reported Due $8,595 09/16/2013 -349991888846XXXX Status: High Credit: Credit Limit: Terms Frequency: Account Owner Individual Account. Type of Account : Revolving Term Duration: Date Opened: 04/02/2009 Date Reported: 09/16/2013 Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First •Reported: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Status PAYS AS AGREED PAYS AS AGREED $8,595 $10,000 $8,595 09/2013 24 Credit Limit $10,000 10 of 22 11/21/2013 11:05 AM - Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number .Creditor Classification: :Charge Off Amount: •Balloon Payment Amount: 'Date Closed: :Date of First Delinquency: N/A Comments: Date Opened lutps://www,eoonsumer equifax.com/otc/viewPopUpDetail.ehtml7pro... Balance Date • Past Status , RCredit Reported ' Due Limit Activity Designator. N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Card 81 -Month Payment History ;Year Jan :Feb :MarApr :May !JunSe :Jul ',AugAu 2013 * * ** * •2012 * * * * • 2011 * * :2010 * .2009 • * * * * * * * * • * ,Oct NovjDec • • ♦ • BANK OF AMERICA 546632033123XXXX 03/13/1991 $23,536 09/11/2013 PAYS AS $35,700 AGREED • BANK OF AMERICA P.0. Box 982235 El Paso, U-799982235 Account Number. 546832033123XXXX Status: PAYS AS AGREED ................... ....... $24,573 $35,700 ............................... Monthly (due every month) Balance: $23,536 Amount Past Due: Actual Payment Amount: $500 Date of Last Activity: 09/2013 Months Reviewed: 99 Account Owner, Individual Account. High Credit: 'Type of Account L: Revolving Credit Limit: Term Duration: Terms Frequency: • Date Opened: 03/13/1991 • Date Reported: 09/11/2013 • Date of Last Payment: 09/2013 Scheduled Payment Amount: 5517 Date Major Delinquency First Reported: Creditor Classification: • Charge Off Amount: •Balloon Payment Amount Date Closed: Date of First Delinquency: N/A Comments: Activity Designator. N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Card 81 -Month Payment History Year Jan :Feb 'Mar .Apr May Jun :Jut ;Aug •Sep Octi:Nov :Dec :2013 " * * • 11 of 22 1121/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... I ttps:/h+nvweconsun1erequifax.comfotdviewPopUpDetail.ehtml?pro... Account Name Year ,2008 2007 2006 Account Number Date Opened Jan Feb Mar Apr •May .Jun * • * CAPITAL ONE BANK 480213982947XXXX USA CAPITAL ONE PO Box 30281 Salt Lake City, UT -841300281 Balance Date Reported 'Jul Aug Sep * * * * * * * * • 1128/2006 $19,711 09/13/2013 Account Number. 480213982947XXXX Account Owner. Individual Account. Type of Account Revolving 'Term Duration: Date Opened: 11/28/2006 Date Reported: 09/13/2013 Date of Last Payment: 09/2013 Scheduled Payment Amount: $276 Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: N/A Comments: 81 -Month Payment History Year Jan 'Feb •Ma 2013 2012 • 2011 2010 2009 2008 2007 2006 13 of 22 * Apr May Jun * * * * * * * * Status: High Credit: Credit Limit: Terms Frequency: Past Status Due Credit Limit Oct Nov Dec * . .. .+. Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: PAYS AS $20,000 AGREED PAYS AS AGREED $20,168 $20,000 Monthly (due every month) $19,711 $300 09/2013 71 Activity Designator: N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Business Credit Card (Individual has primary responsibility) Jul Aug Sep Oct Nov * *. * * * * * * *... * * .. * * 1 * * * * * * 1 * * * * * * * * * 11/21/2013 11:05 AM i • Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... https f/www.econsumerequifax.comlotc/viewPopUpDetail.ehtml?pro... Account Name Account Number Date Balance Date Past Status Credit Opened Reported . Due Limit CAPITAL. ONE BANK 529149758822XXXX 06/082001 $16,867 08/21/2013 PAYS AS $20,000 USA AGREED CAPITAL ONE PO Box 30281 Salt Lake City, UT -841300281 Account Number. 529149758822XXXX Status: PAYS AS AGREED Account Owner. Individual Account. High Credit: 519,809 Type of Account W: Revolving Credit Limit: $20,000 Term Duration: Terms Frequency: Monthly (due every month) ;Date Opened: 06/082001 Balance: 516,867 Date Reported: 08/21/2013 Amount Past Due: Date of Last Payment: 0812013 Actual Payment Amount: 5400 Scheduled Payment Amount: $318 Date of Last Activity: 08/2013 •Date Major Delinquency First Months Reviewed: 99 Reported: Creditor Classification: Activity Designator. N/A Charge Off Amount: . Deferred Payment Start Date: Balloon Payment Amount Balloon Payment Date: Date Closed: Type of Loan: Credit Card Date of First Delinquency: N/A Comments: 81 -Month Payment History :Year Jan Feb Mar Apr :May ,Jun Jul Aug SepOctovDec 2013. •. • • • +...... OND. • 2012 • • * • • • • * • 2011 *. .. * • • *. *... •. • •• 2010 • * • • • • • • * • 2009 .2008 2007 2006 * * • * • • * * • • * * .* * *.. * * * * • • • • • * 4 * • * •• • * ••• * * .. .. .. * :. CHASE BANK USA, 518445007010XXXX 04/01/1999 $0 09/10/2013 PAYS AS $12,000 NA AGREED Chase Card Services PO Box 15298 Wilmington, DE -198505298 (800) 955-9900 Account Number: 518445007010)00X Status: 14 of 22 PAYS AS AGREED 11/21/2013 11:05 AM ' Equifax Personal Solutions: Credit Reports, Credit Scores, Protection.. Account Name Account Number Account Owner Type of Account 0: Term Duration: Date Opened Individual Account. Revolving Date Opened: 04/01/1999 Date Reported: 09/10/2013 Date of Last Payment 12/2007 Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount Date Closed: Date of First Delinquency: N/A Comments: 81 -Month Payment Hlstory Jan Feb Mar •Apr •May • • • • • • :. • • • •• . •. • • «. • • • • • Year 2013 2012 2011 2010 2009 2008 2007 2006 • • DISCOVER FINANCIAL S • • • ltttpsi/ vweconsumecequifax.corn/otc/viewPopUpDetaiLehtml?pro... Balance Date Past Reported Due High Credit: Credit LImi: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: Months Reviewed: Status Credit Limit $6,675 $12,000 Monthly (due every month) $0 12/2007 99 ... Activity Designator. N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Card Jun Jul Aug Sep •Oct Nov Dec • • • • • •. * • • • • • • • • • • • • • •. •. •. • .. • • • • • • • • .. .. .. • .. .• .. * • * .. : .. 601100287182XXXX 01/142008 $5,245 09/11/2013 DISCOVER FINANCIAL SVCS LL PO Box 15316 Wdminglon, DE -198505316 'Account Number. Account Owner. Type of Account a Term Duration: Date Opened: Date Reported: Date of Last Payment: 15 of 22 601100267182XXXX Individual Account. Revolving 01/14/2008 09/11/2013 09/2013 Status: High Credit: Credit Limit: Terms Frequency: PAYS AS 57,700 AGREED PAYS AS AGREED $6,833. .... . $7.700 Monthly (due every month) Balance: $5,245 Amount Past Due: Actual Payment Amount 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scores: Protection... Account Name Account Number Scheduled Payment Amount: $105 Date Major Delinquency First Reported: Creditor Classification: 'Charge Off Amount: Balloon Payment Amount: Date Closed: Date.of First Delinquency: N/A Comments: 81 -Month Payment History Year •Jan Feb :Mar Apr 2013 2012 2011 2010 2009 2008 * * * • • * * * Date Opened lrttps J/www.econsumer. equifax.com/otchMiewPopUpDetait ehtml?pro... Balance Date Past Reported Due Status Credit Limtt Date of Last Activity: 09/2013 Months Reviewed: 88 Activity Designator. N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Credit Card May Jun Jul Aug Sep Oct Nov Dec • • . • * • • • * * * *. . . . * .. * ... . * * * * * . * * * .. *. * * • GECRB/GE CAPITAL 602052241710XXXX 10/03/2011 $0 09/08/2013 SPO • GECRBIGE CAPITAL SPORT C/O P.O. BOX 365036 ORLANDO, FL -32896-5036 (866) 396-8254 Account Number 602052241710XXXX • Account Owner. Individual Account. Type of Account ©: Revolving Term Duration: Date Opened: 10/03/2011 Date Reported: 09/08/2013 •Date of Last Payment: 02/2012 Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: N/A 16 of 22 PAYS AS $2,000 AGREED Status: PAYS AS AGREED High Credit: $1.217 • Credit Limit: $2,000 Terms Frequency: Monthly (due every month) Balance: $0 Amount Past Due: Actual Payment Amount: Date of Last Activity: 02/2012 Months Reviewed: 23 Activity Designator. N/A . Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Charge Account 11/21/2013 11:05 AM ' Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number Comments: 81 -Month Payment History Year •Jan Feb .Mar 2013 '2012 * 2011 Date Opened hl tpsJ/www.econsumer.equifaxcom/otc/viewPopUpDetai.l.ehtml?pro... Balance Date Reported Past Status Due Credit Limit •Apr May Jun Jul 'Aug Sep Oct 'Nov Dec GECRB/SLEEPYS 601919100538XXXX 11/02/2007 $0 GECRI3/SLEEPYS C/0 P.O. BOX 965036 ORLANDO, FL -32896.5036 (866) 396-8254 Account Number. Account Owner Type of Account 0: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: *Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: Date of First Delinquency: Comments: 81 -Month Payment History 'Year .Jan Feb Mar 2013 ,2012 2011 2010 2009 2008 2007 17 of 22 * 601919100536XXXX Individual Account. Revolving 11/02/2007 08/30/2013 06/2011 N/A .Apr :May * * * *. 08/30/2013 * PAYS AS $6,000 AGREED Status: PAYS AS AGREED High Credit: $4,132 Credit Limit: $8,000 Terms Frequency: Monthly (due every month) Balance: $0 Amount Past Due: Actual Payment Amount: Date of Last Activity: 06/2011 Months Reviewed: 69 Activity Designator. Deferred Payment Star Balloon Payment Date: Type of Loan: N/A Date: Charge Account iJun Jul Aug 'Sep Oct Nov Dec * * * * * * M i * * * * * * 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scores: Protection... hltps:Nww-w.econsumer.equifax.condotGriewPopUpDetail.ehtnil?pro... Account Name KOHLS/CAPITAL ONE Account Number Date Opened 539305058436XXXX 09/22/2010 $0 Balance Reported Duet Status 09/12/2013 PAYS AS AGREED KOHLS/CAPITAL ONE P0 Box 3115 Milwaukee, W1-532013115 Account Number: Account Owner: .Type of Account ©: Term Duration: Date Opened: Date Reported: Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Charge Off Amount: Balloon Payment Amount: Date Closed: 639305058436XXXX Individual Account. Revolving 09/22/2010 09,12/2013 02/2013 Date of First Delinquency: N/A Comments: B1 -Month Payment History. Year Jan Feb :Mar 2013 • 2012 * 2011 2010 • * Closed Accounts * Account Name Account Number AMERICAN EXPRESS Apr :May Date Opened -349991312484XXXX 07/01/2003 AMERICAN EXPRESS PO Box 981537 EI Paso• TX 799981537 (800)874-2717 Account Number: 22 Status: High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: 02/2013 Months Reviewed: 36 Credit Limit $1,500 PAYS AS AGREED $113 $1,500 Monthly (due every month) Activity Designator: N/A Deferred Payment Start Date: Balloon Payment Date: Type of Loan: Charge Account .Jun *Jul 'Aug Sep :Oct :Nov Dec. * * * * e Balance Retported Duet Status $0 04/01/2010 PAYS AS AGREED -349991312464XXXX Status: * Credit Llmtt $16,300 PAYS AS 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Account Name Account Number Account Owner. Type of Account Q Term Duration: Date Opened: 07/01/2003 Date Reported: 04/01/2010 :Date of Last Payment: Scheduled Payment Amount: Date Major Delinquency First Reported: Creditor Classification: Date Opened Terminated Revolving 'Charge Off Amount: Balloon Payment Amount: Date Closed: 04/2010 Date of First Delinquency: N/A Comments: Account close 81 -Month Payment History Year Jan 2010 ` 2009 * 2008 2007 * * '2008 2005 2004 2003 Feb r • Mar Apr :May https://www.econsumecequifax.com/otclviewPopUpDetaitehtml?pro... BalanceDate Reported Past Due High Credit: Credit Limit: Terms Frequency: Balance: Amount Past Due: Actual Payment Amount: Date of Last Activity: 07/2009 Months Reviewed: 1 Status Credit Limit AGREED $739 $16,300 SO Activity Designator: Patti and Closed Deferred Payment Start Date: • Balloon Payment Date: Type of Loan: Credit Card at consumers request .Jun Jul Aug :Sep :Oct •Nov :Dec * * * * r• • * * * * ✓ r a r • r w w • * .... * ... • . r r * ®back to Top • • • * * * • • • r r * * Other Accounts These are all accounts that do not fall into the other categories and can Include 30 -day accounts such as American Express. You have no accounts classified as "Other" on file tsBack to Too Payment History Key Meaning Pays or Paid as Agreed: • 30.59 Days Past Due: 30 60.89 Days Past Due: 60 90-119 Days Past Due: 90 Symbol Meaning 180 180+ Days Pest Due: Collection Account CA Foreclosure: F Voluntary Surrender.: VS Symbol 19 of 22 11/21/2013 11:05 AM Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... https!/www.econsumerequifax.com/otcMewPopUpDetail.ehtml?pro... Meaning 120-149 Days Past Due: 120 150179 Days Past Due: 150 Symbol Meaning Repossession: R Charge Off: CO Symbol Inquiries A request for your credit history is called en Inquiry.lnquiries remain on your credit report for two years. There are two types of Inquires those that may Impact your credit rating and those that do not. Inquiries that may impact your credit rating These Inquires are made by companies with whom you have applied for a loan or credit. Name of Company Date of inquiry CAPITAL ONE 11/17/11 Creditor Contact Information CAPITAL. ONE 15000 Capital One Dr, Pod 96766 Richmond, VA 232381119 GEMB 10/02/11 Creditor Contact Information GEMS PO Box 981440 El Paso, TX 799981440 Inquiries that do not Impact your credit rating These Inquires include requests from employers, companies making promotional offers end your own requests to check your credit. These Inquiries are only viewable by you. Company Information Date of Inquiry ND 21ST CENTURY 01/04/13 I N S U RAN C E::3761181794 ND -BRISTOL WEST INSURANCE 12/27/12 COMPANY AR -CAPITAL ONE 07/17/13 AR -CAPITAL ONE NTL ASSOC 08/19/13 PRM-CITI CARDS CBNA 04/02/13, 02/01/13, 01/04/13, 12/04/12, 10/30/12, 10/04/12 AR-CITIMORTGAGE 07/30/13 EQUIFAX 10/25/11 ND-EQUIFAX 10/24/11 Equifax Consumer Services 12/19/12 ND -Equifax Consumer Services 12/19/12 ND -Equifax Consumer Services 12/19/12 PRM -QUICKEN LOANS 10/15/12 20 of 22 11/21/2013 11:05 AM • Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... Mtps://wwvw.econsurnerequifau.com/otc/viewPopUpDetaiLehtnil?pro... Company Information Date of Inquiry PRM -RESIDENTIAL HOME FUNDING 08/25/13 CORP Prefix Prefix Description PRM Inquiries with this prefix indicate that only your name and address were given to a credit grantor so they can provide you a firm offer of credit or insurance. (PRM inquiries remain for twelve months.) AM or AR Inquiries with these prefixes Indicate a periodic review of your credit history by one of your creditors. (AM end AR inquiries remain for twelve months.) EMPL inquiries with this prefix Indicate an employment Inquiry. (EMPL Inquiries remain for 24 months) Equifax or EFX Inquiries with these prefixes indicate Equifax's activity in response to your contact with us for a copy of your credit fife or a research request. ND inquiries with this prefix are general Inquiries that do not display to credit grantors. (ND inquiries remain for twelve months.) ND MR Inquiries with this prefix indicate the reissue of a mortgage credit report containing information from your Equifax credit file to another company in connection with a mortgage loan. (ND MR Inquiries remain for 24 months.) PR Inquiries with this prefix indicate that a creditor reviewed your account as part of a portfolio they are purchasing. (PR inquiries remain tor 12 months.) ®Eackto Top Negative Accounts Accounts that contain a negative account status. Accounts not paid as agreed generally remain on your credit file for 7 years from the date the account first became past due leading to the current not paid status. Late Payment History generally remains on your credit file for 7 years from the date of the late payment. You have no negative accounts on file. Back to Top Collections A collection Is an account that has been turned over to a collection agency by one of your creditors because they believe the account has not been paid as agreed. You have no Collections on fife ®Back to Top Public Records Public record information includes bankruptcies, liens or judgments and comes from federal, state or county court records. You have no Public Records on file ®)lack to Too Personal Information The following Information is added to your file either when creditors enter requests to view your credit history, or when you report it to Equifax directly. Name: Darrell F. Sunday Social Security Number: XXX -XX -9529 Age or Date of Birth: October 21, 1955 Formerly known as: Darell F. Sunday 21 of 22 11/21/2013 11:05 AIN 1 ▪ Equifax Personal Solutions: Credit Reports, Credit Scores, Protection... https://www.econstunerAuifax.condotchiewPopUpDetaiLehtxrd?pro... Address Information 22 of 22 Current/Previous Street Address Date Reported Telephone Current 142 HORNERS RD First Reported 11/1995 CARLISLE. PA 17015 Lest Reported 09/17/2013 ••• .. Former Address 1 1215 MANOR DR APT 150 First Reported 10/2011 MECHANICSBURG, PA 17055 Last Reported 10/252011 Former Address 2 192 HORNERS RD First Reported 1012011 CARLISLE, PA 17013 Last Repotted 10/25/2011 .. . . .. .. . . .. ..__ ...... . .. ... . ........ .. ..... ... ..... ...... .... Other Identification You have no other Identification on The, Employment History You have no Employment History on file. Alert(s) You have no Alerts on file. Consumer Statement You have no Consumer Statement on file. tatBack to Tog (717) 243-1590 Reported 10/2011 Dispute File Information If you believe that any of the information found on this report is incorrect, there are 3 ways to launch an Investigation about the information on this report When you file a dispute, the credit bureau you contact is required to investigate your dispute within 30 days. They will not remove accurate data unless it is outdated or cannot be verified. To initiate a dispute online please visit https://www.eLequifax.com To check the status or view the results of your dispute please visit httpsi/www.atequifax.com ;Mack to Top 11/21/2013 11:05 AM POWERS KIRN & ASSOCIATES, LLC BY: HARRY B. REESE, ESQUIRE -PA ID # 310501 EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 TEL: (215)942-2090 CitiMortgage, Inc., Plaintiff/Movant, v. Darrell F. Sunday & Linda M. Sunday, Defendants/Respondents. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 14 -5663 -CIVIL ACTION IN MORTGAGE FORECLOSURE PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT I. HISTORY OF THE CASE This is an action in mortgage foreclosure in which Plaintiff filed its Complaint on September 24, 2014. The Defendants thereafter filed an Answer on October 31, 2014. The relevant pleadings are closed, there is no genuine issue as to any material fact, and Plaintiff now moves this Court for the entry of an Order granting summary judgment in Plaintiffs favor. II. STATEMENT OF PERTINENT FACTS A. The Defendants' Mortgage loan is in default. Plaintiff filed the instant action in mortgage foreclosure against the Defendants as a result of the Defendants' default upon the Mortgage entered into between the parties. The Defendants' Mortgage loan is in default because the payment due May 1, 2014.and all subsequent payments have not been made. B. Plaintiff is the real party in interest and has standing to bring this action. Plaintiff owns and holds the subject Note and Mortgage as set forth in Plaintiff's Complaint and the notarized Affidavit in Support of Plaintiffs Motion for Summary Judgment that has been filed simultaneously with Plaintiffs Motion and this brief. Plaintiff is in possession of the original signed Note and is the current Mortgagee of record by virtue of Assignment of Mortgage recorded with the Cumberland County Recorder of Deeds. C. Plaintiff complied with all Pennsylvania pre-foreclosure demand requirements. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et sec.) and Act 91 (35 P.S. Section 1680.401c, et semc.) True and correct copies of the combined Act 6/Act 91 Notices mailed to the Defendants on July 14, 2014 were attached to Plaintiff's Complaint and are attached to Plaintiff's Motion for Summary Judgment as Exhibit "A." After demand, the Defendants failed to cure the default and Plaintiff filed this action. III. STATEMENT OF THE QUESTION INVOLVED Where there is no genuine issue as to any material fact, should Summary Judgment in Mortgage Foreclosure, as a matter of law, be granted in Plaintiffs favor where the Mortgage that is the subject of this action in mortgage foreclosure is in default due to the Defendants' failure to make payments thereunder? SUGGESTED ANSWER: YES IV. ARGUMENT Pursuant to Pa.R.C.P. 1035.1, et seq., "Motion for Summary Judgment," any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action.... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary because there is no genuine issue of material fact concerning the existence of the Defendants' obligation or their default upon that obligation. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary Judgment may be entered against a party who does not respond. The "Note" to Pa.R.C.P. "Rule 1035.2 Motion," states that: Partial Summary Judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. The Defendants' Mortgage account is due contractually for the period from May 1, 2014 to date, a period of nine months to the time of filing of this Motion. As a result of the Defendants' nonperformance, the present action was filed, and, as of this date, the Defendants have failed to bring the account current. Plaintiffs affidavit and the exhibits accompanying Plaintiffs Motion and the pleadings demonstrate that the subject mortgage was signed by the Defendants and recorded with the Cumberland County Recorder of Deeds, that the mortgage is in default, and that the amount due Plaintiff is correct. Accordingly, as there is no dispute as to any genuine issue of material fact, Plaintiff is entitled to judgment as a matter of law, and the entry of summary judgment is appropriate under Pa.R.C.P. 1035.1 et seq. When a motion for summary judgment has been properly supported with corroborating documentation, the adverse party may not claim that the averments in the pleadings alone are sufficient to raise a genuine issue for trial and must demonstrate by specific facts contained within depositions, answers to interrogatories, admissions, or affidavits that there is a genuine issue of material fact for trial. Marks v. Tasman, 589 A.2d 205, 206 (Pa. 1991); Pape v. Smith, 323 A.2d 856 (Pa.Super. 1974). Allowing the non-moving party to avoid summary judgment where they have no evidence to support an issue on which they bear the burden of proof runs contrary to the spirit of the summary judgment rule. Ertel v. Patriot News Co., 674 A.2d at 1042. Forcing parties to go to trial on a meritless claim under the guise of effectuating the summary judgment rule is a perversion of that rule. Id. The purported denials contained in the Defendants' Answer to the Complaint constitute a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 constitutes an admission, and such an admission will support Summary Judgment. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub -division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub -division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). (Subsections 1029(d) and 1029(e) have been omitted for purposes of the within Motion only). The averments in Defendants' Answer do not respond to Plaintiffs Complaint and do not admit or deny any of the averments therein. Notwithstanding, the Defendants' Answer admits the existence of the loan that is the basis for this action, admits that the Defendants sought a refinance or modification of the loan, and admits that the Defendants are currently contemplating selling the property. The Defendants' claim that payment sufficient to cure the default was tendered is undermined by the copy of the check they attach in support of said claim. Pursuant to the terms of the subject Mortgage, Plaintiff is entitled to require that tender of payment to cure default after acceleration be made by "(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check..." See, Mortgage, Paragraph 19 ("Borrower's Right to Reinstate After Acceleration.") The check referenced in paragraph 4 of the Defendants' Answer, a copy of which was attached to the Answer, is a personal check. As set forth above, Plaintiff may require that payment to cure default after acceleration be made by certified payment. Accordingly, Plaintiff was not required to accept the personal check tendered by the Defendants after default. The purported defense raised in the Defendants' Answer that Plaintiff is not the current holder of the Mortgage is not correct and is countered by the recorded Mortgage and recorded Assignment of Mortgage, which were both attached to Plaintiff's Complaint. Accordingly, the Court should deem the averments in in the Defendants' Answer admissions. The Defendants were informed of the default and the amount needed to bring the loan current prior to Plaintiff's initiation of this action pursuant to Pennsylvania law. See, combined Act 6/ Act 91 Notice attached to Plaintiff's Complaint. Since the Defendants have the knowledge of, and the means necessary for obtaining the denied information, including the total sum due, the denials are, in fact, admissions. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). In a mortgage foreclosure action, summary judgment is proper where it is admitted that the mortgage is in default, the mortgagor has failed to pay interest on the obligation, and that the recorded mortgage is in the amount specified. Cunningham v. McWilliams, 714 A.2d 1054, 1057 (Pa.Super. 1998), citing Landau v. Western Pennsylvania National Bank, 282 A.2d 335 (Pa. 1971). This is true even if the mortgagor has not admitted the specific amount of indebtedness in their pleadings. First Commonwealth Bank v. Olde Post Office Complex P'ship, 2010 Pa. Dist. & Cnty. Dec. LEXIS 484 at *4-5(Pa. County Ct. 2010), (citing Landau v. Western Pennsylvania National Bank, 282 A.2d 335.) "[I]n an action on a note secured by a mortgage, Plaintiff presents a prima facie case by showing the execution and delivery of the note and its nonpayment [...] [w]here defendant does not attempt to controvert the assertion that he failed to make payments as required under the terms of the note, the material facts cannot be in dispute." First Commonwealth Bank, supra, citing CoreStates Bank N.A. v. Cutillo, 1999 PA Super 14, 723 A.2d 1053, 1056 (Pa. Super. 1999) (internal quotations and citations omitted). In this case, the pleadings, exhibits and Plaintiff's Affidavit in Support attached to the Motion establish conclusively that the Defendants executed a mortgage and note in favor of the Plaintiff; that the Defendants are in default under the terms and conditions of the subject note and mortgage; all payments made by the Defendants have been properly credited to the account and all charges have been properly assessed to the account. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et sec.) and Act 91 (35 P.S. Section 1680.401c, et seg.) as previously set forth. V. CONCLUSION The Defendants' Answer fails to offer any genuine issue as to as to any material fact and does not constitute a valid defense to the instant action in mortgage foreclosure. The Answer also fails to set forth factual grounds precluding the Defendants' obligation to pay the Mortgage, and therefore, it should be rejected by the Court. The allegations of the Complaint are, in fact, uncontroverted. As set forth above, the Defendant's Answer has been interposed for the purpose of delay only, and does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action per se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff (moving party) is entitled to Summary Judgment as a matter of law. Respectfully submitted, BY. r C . Rise, Esquire PA Attorney ID No. 310511 Attorney for Plaintiff • I1-tS' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CitiMortgage, Inc. ) Plaintiff, ) ) vs. ) ) Darrell F. Sunday & ) CASE NO. 14-5663 Civil Linda M. Sunday, ) Defendants. ) ) AFFIDAVIT Christina Loudermilk, being first duly sworn on oath, deposes and states as follows: 1. I am employed by CitiMortgage, Inc. as a Vice -President -Document Control. In that capacity, I am authorized to execute this affidavit on behalf of CitiMortgage, Inc. The statements made in this Affidavit are based on my personal knowledge. 2. In my capacity as a Vice President -Document Control, I have access to CitiMortgage, Inc.'s business records, including the business records for and relating to the account that forms the basis of this foreclosure action. I make this affidavit based upon my review of those records and from my own personal knowledge of how they are kept and maintained. The loan records are maintained by CitiMortgage, Inc. in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. 3. I reviewed CitiMortgage, Inc.'s business records, and I relied upon these records for the statements made in this Affidavit, which include but are not limited to the Mortgage, Note, and CitiMortgage, Inc.'s electronic servicing system. True and correct copies of the Mortgage and Note are attached hereto. 4. By letter dated July 14, 2014, a Notice of Intention to Foreclose ("Notice") was sent to the Defendant as required pursuant to Pennsylvania law. The Notice is a business record of CitiMortgage, Inc., maintained in the regular course of business. I make this affidavit based upon my review of that record relating to the Defendant's loan and, from my personal knowledge of how it is kept and maintained. The Notice is maintained by CitiMortgage, Inc. in the course of its regularly conducted business activities and is made at or near the time of the event, by or from information transmitted by a person with knowledge. A true and correct copy of the Notice is attached hereto. 5. The date of the mortgage is January 28, 2005 for the property located at 142 Homers Road a/k/a 142 Homer Road, Carlisle, PA 17013. CitiMortgage, Inc. has the right to foreclose based upon the following: CitiMortgage, Inc. is the servicer for the loan. An assignment of Mortgage was recorded on February 16, 2005, and a true and correct copy is attached hereto. 6. The subject Mortgage is in default under the terms of the loan documents and the default has not been cured, making the entire balance due pursuant to the terms of the loan documents. 7. As a result of the default, the amount due as of January 3, 2015, exclusive of attorney's fees and costs is as follows: Principal Balance $57,442.33 Interest Due from 04/01/2014 through $2,278.31 01/03/2015 at 5.250% Accrued Late Charges $96.46 Escrow Escrow Deficiency -Real Estate Tax Paid on 10/16/14 $1,805.09 Escrow Deficiency- Real Estate Taxes Paid on 10/16/14 $4,262.79 Escrow Deficiency- Real Estate Taxes Paid on 10/16/14 $4,173.44 Hazard Insurance $0.00 Mortgage Insurance Premium/ Private Mortgage Insurance $0.00 Credits $0.00 Water/Sewer $942.55 Total Escrow $11,183.87 Broker's Price Opinion/Appraisals $0.00 Property Preservation $0.00 Property Inspections $0.00 Suspense ($0.00) Miscellaneous Charges/Credits as Follows: $0.00 Total By: $71,000.97 AFFIANT Christina Loudermilk Date: i O l g l ) 0A- Subscribed and sworn to before me this ?el' day of , 20 ff , by P 3.1-'. Pock -g. ill; k 7/4z%" `' , Notary Public State of /N) 1-0e le -y My commission expires: 6-I 8-1 I Personally Known t.- OR Produced Identification A)//31 - Type of Identification Produced: KELLIE WILLIAMS Notary Public, ID #468733 State at Large, Kentucky 2016 My Commission Expires June 18, ATTACHMENTS JANUARY 28, 2005 [Date] NOTE SUNDAY LOAN # MIMI402SUNDAY HARRISBURG PENNSYLVANIA [City] [State] 142 HORNER ROAD, CARLISLE, PA 17013 [Property Address] 1 BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U S $ 120 , 000.0 0 (this amount is called "Pnncipal"), plus interest, to the order of the Lender The Lender is COMMERCE BANK/HARRISBURG, 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 5 250 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note 3 PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month I will make my monthly payment on the 1ST day of each month beginning on APRIL 1, 2005 I will make these payments every month until I have paid all of the principal and interest and any other charges descnbed below that I may owe under this Note Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal If, on MARCH 1, 2020 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date " 1 will make my monthly payments at 4 LEMOYNE DRIVE, SUITE 100, LEMOYNE, PA 17043 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 $ 964 65 4 BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due A payment of Pnncipal only is known as a "Prepayment " When I make a Prepayment, I will tell the Note Holder in writing that t 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 fhe Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Prmcipal amount of the Note If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes 5 LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from me which exceeded permitted limits will be refunded to me The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me If a refund reduces Principal, the reduction will be treated as a partial Prepayment MULTISTATE FIXFD RATE NOTE—Single Family—Tannic Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 DOCUCFAI (page 1 of 3 pages) D000CTA1 VTX 02/26/2004 r 41.1111114 402SUNDAY 6 BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, i will pay a late charge to the Note Holder The amount of the charge will be 5 000 of my overdue payment of principal and interest 1 will pay this late charge promptly but only once on each late payment (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means (D) No Waner B) Note Holder Even if, at a time when 1 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 tune (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law Those expenses include, for example, reasonable attorneys' fees 7 GiVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address Any nonce that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address . 8 OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made m this Note The Note Holder may enforce its rights under this Note against each person individually or against all of us together This means that any one of us may be required to pay all of the amounts owed under this Note 9 WAIVERS I and any other person who has obligations under this Note waive the nghts of Presentment. and Notice of Dishonor "Presentment" means the right to require the Note Holder to demand payment of amounts due "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid 10 UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some junsdictions In addition to the protections given to the Note Holder under this Note, a Moi tgage, Deed of frust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note That Security instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note Some of those conditions are described as follows If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require unmediate payment in full of all sums secured by this Security lnstturnent However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law MUI TISTATE FIXFD RATE NOTE—Singlt.1 molly—Fannie diar/Freddie Mac UNIFORM I\STRUMiE\T Form 3200 MD D0CUCPA2 (page 2 of 3 pages) DOCDC►A2 Pit 1/06/2003 M 01111104 4 02 SUNDAY 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 m 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 penod, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower WITNES M- - - A i'..cs ` } SEAL(S) OF THE UNDERSIGNED l z$•Q•S ORROWER - DAR - BORROWER - LI L F SUNDAY - DATE - MMl !( ,a; SUNDAY - DATA- WITHOUT RECOURSE, PAY TO THE ORDER OF CITIMORTGAGE, INC BY COMMERCE BANK/HARRISBURG, N A IN M ZERBE Pay to tic oidci of AMC CittMottgiLe Inc V , E PRESIDENT MULTISTATE FIXFD RATE MOTE—Smglc Family—FannicMae/Frcddie Mac UNIFORM INSTRUMENT DOCUCFA3 (page 3 of 3 pages) DOCUCll13 VTX 09/29/2004 [Sign Oi iginal Only] Form 3200 1/01 AFTER RECORDING RETURN TO: COMMERCE BANK/HARRISBURG, N.A. 40LEMOYNE DRIVE, SUITE LEMOYNE, PA 17043 ATTN: POST CLOSING PHONE: PREPARED BY: MARCY CRANDY COMMERCE BANK/HARRISBURG, N.A. 100 SENATE AVENUE CAMP HILL, PA 17011 .ROBERT P. Z EGLER i; CO;'•,DER OF DEEDS j = 1•;}:. ,:D, '45 FEB 16 fill 9 01. [Space Above This Line For Recording Dataj MORTGAGE DEFINITIONS SUNDAY LOAN #: r4402SUNDAY CA88 #: PIN: 21-08-0573-121 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security L:strument" means this document, which is dated JANUARY 28, 2005 together with all Riders to this document. (B) "Borrower" is DARRELL F. SUNDAY AND LINDA M. SUNDAY, JOINT TENANCY Borrower is the mortgagor under this Security Instrument. (C) "Lender" is COMDIERCE BANK/HARRISBURG, N.A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of PENNSYLVANIA . Lender's address is 100 SENATE AVENUE, CAMP HILL, PA 17011 Lender is the mortgagee under this Security Instrument. (1)) "Note" means the promissory note signed by Borrower and dated JANUARY 28, 2005 . The Note states that Borrower owes Lender ONE HUNDRED TWENTY THOUSAND AND 00/100 Dollars (U.S. $ 120, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA—Single Family --Fannie Alae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 u0CUIPA 1 (/'age 1 of 14 pages) noCnn:salons ol/11/2oos BK 1897 PG 1 14 96 I402SUNDAY (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider Balloon Ridcr [] Planned Unit Development Rider 0 Biweekly Payment Rider 0 1-4 Family Rider Other(s) [specify] (IH) "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. (I) "Community, Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and . its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY (Type of Recording Jurisdiction) of CUMBERLAND (Name of Recording Jurisdiction): ALL THAT CERTAIN TRACT OF LAND AND IMPROVEMENTS SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED IN EXHIBIT " " ATTACHED HERETO. PENNSYLVANIA—Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DOtU IPA2 (Page 2 of 14 pages) DOCD1Da2.VTX 01/06/2005 BK 1897PG 1497 Form 3039 1/01 111104402SUNDAY which has the address of 142 HORNER ROAD [Street] CARLI SLE , Pennsylvania 17 013 ("Property Address"); [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from PENNSYLVANIA --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 DOCu IPA} (Page 3 of 14 pages) D0c015A3.VTX 01/06/2005 91 l 897PG 1498 4402stmbAY Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under 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 items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be paid wider this Section. Borrowcr shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. Inthe 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 famish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the. Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Bon -ower 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. PENNSYLVANIA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039.1/01 UOCUIPA4 (Page 4 of 14 pages) 000011,24.VTY. 01/06/5005 BK 1897PG 1499 OWN 402SUNDAY Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone detertnination and certification services and subsequent charges each time rcmappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at 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 tequires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of Loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in PENNSYLVANIA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 uoeufPA5 (Page 5 of 14 pages) D0001PA5.Vrx 01/06/3005 BK 1897 PG 1500 amok 4 0 2 SUNDAY writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower 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. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of 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 PENNSYLVANIA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 ROCUIPA6 (Page 6 of 14 pages) mCU1PA6.VTX 01/66/2005 - - BK 1897 PG 1501 111 402SUNDAY Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. . Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that arc 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). PENNSYLVANIA --Single Family—Fannie MaeYFreddle Mac UNIFORM INSTRUMENT Form 30391/01 DOCUIPA7 (Page 7 of 14 pages) DOC91Da1.vn 01/06/2005 BK 1897 PG 1502 WIN 40asuNnnx As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower 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. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property innnediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. PENNSYLVANIA—Single Family—Fannic Mac/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 noel; T PAs (Page 8 of 14 pages) aCCO1Pae.VTX 01/06/2005 aK 1897PG l 503 611111114402SUNDAY 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 be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors m Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of ,the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co- signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section .18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. PENNSYLVANIA—Single family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DOCUiP. (Page 9of14 pages) DOCe1PA9.vrx O1/06/2005 BK1897PG15O4 Form 30391/01 t402SUNDAY 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 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. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instnunent. 16. Governing Law; Severability; Rules of Construction. This Sccurity 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 m the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 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 PENNSYLVANIA--Singlc Fancily --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 DOCUIPAM (Page 10 of 14 pages) D0001PAA.VTX 01/06/2005 BK1897PG1505 1402SUNDAY to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstatc shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the. "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Notc, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period alter the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any PENNSYLVANIA --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 DOCuiPAf (Page 11 of 14 pages) DOCO1PAa.VTY 01/06/1005 BK1897PGi506 402SOHDAY Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to 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 Law. • 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, 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. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to timeunderthe Note. PENNSYLVANIA --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 I/01 POCWWPAI2 (Page 12 of 14 pages) ooccinAc.vrx ot./oc/coos 897PG 507 402SUNDAY BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and ' - • ider executed by Borrower and recorded with it. - BORROWER - Ia=NDA M. SUNDAY PENNSYLVANIA -Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039l 1 ROCU I PAI7 (Page 13 of 14 Pages) ecarlean.v17 01/06/7007 1;'K 1897PG 1508 ellik 402SUNDAY 'Space Below This Line For Acknowledgment] Commonwealof ennsy vania, County of U \N"-- On hOn this, the day ofn%r\/ Zefore me, j /�k , , the undersigned officer, personally r rel M k.�. r tat/ 1.r.1 nel a lenL ncia j known to me (or satisfactorily proven) to be the person(s) whose name subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained. appeared In witness whereof, I hereunto set my hand and official seen ' 1 NOTARIAL SEAL • Carrie E. Cook, Notary Public City of Harrisburg, Dtluphln County My Commission Expires Aug. 8, 2001 2+6 yTitle of 0 ficer My Commission Expires: CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within -named lender is . 100 SENATE AVENUE, CAMP HILL, PA 17011 Witness my hand this 28TH day of 'TANIIARY, 2005 Agent of Lender �rG nciSVIOL I Certify this to be recorded In Cumberland County PA Recorder of Deeds PENNSYLVANIA --Single Family --Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 30391/01 DOCUI PSV 4 (Page 14 of 14 pages) OOCOlPAZ.VT= 01/06/2005 BK 1897PG 1509 ALL that certain lot of ground situate in the Township of Middlesex, County of Cumberland and.State, of Pennsylvania more particularly bounded and described as follows: BEGINNING at a point in the center line of Horner Road (T-576) at the line of lands now or formerly of Gail W. Jensik, which said point of beginning is North eighty-eight (88) degrees' thirteen (13) minutes ten (10) seconds West twenty-eight and ten one -hundredths (28.10) feet from an existing railroad spike in the center line of South Middlesex Road (S.R. 1005); thence along the center line of Horner Road (T-576) North eighty-eight (88) degrees thirteen (13) minutes ten (10) seconds West two hundred ninety-five (295) feet to a point; thence along lands of the Estate of Margaret A. Sunday, Walter D. Sunday and Gwendolyn D. Sunday, his wife, and Diane L. Beam and Clyde O. Beam, her husband, North five (0S) degrees forty-five (45) minutes West twenty-five and twenty-two one -hundredths (25.22) feet to a concrete,monument on the northern dedicated right-of-way line of Horner Road; thence further by same North five (05) degrees forty-five (45) minutes West five hundred fifty (550) feet to wast 3/4" steel bar; thence still by same South eighty-eight (88) degrees thirteen (13)'minutes ten (10) semis East two hundred ninety-five (295) feet to a set 3/4' ateel bar on line of lands now or lase of Gail. fit. Jensik; thence along Said lands now or formerly Of Jeneik South five (05) degrees forty-five (45)• minutes Fast five hundred fifty (550) feet to a set 3/4" steel bar on the northern dedicated right-of-way line of Horner Road; thence further by same South five (05) degrees forty-five (45) minutes East twenty-five and twenty-two one -hundredths (25.22) feet to a point in the center line of Horner Road at the point and place of BEGINNING. BEING Lot No. ,2 on Final Minor Subdivision Plan for The Estate of Margaret A. Sunday, which said Plan is recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Plan Book No. 7.2. , Page 44. ",���,e.!?ti"rtty%�a%':�v"",:f';? .:'.•.:+'�',h,?1'3me ;,i;Si�,t"e :.y:;tn 61(1897PG1510 . . •pL St -110 Q-- ASSIGNMENT 11oIQ- ASSIGNMENT OF SECURITY INSTRUMENT BY A CORPORATION KNOW ALL MEN BY THESE PRESENTS, that COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION. original mortgagee, a corporation organized under the laws of PENNSYLVANIA, Party of the first part, for and in consideration of $120.000.00 and other valuable consideration lawful money of the United States of America, to it paid by CitiMortgage, Inc. a Delaware Corporation, 1000 Technology Drive, O'Fallon.M0 63304 Party of the second part, the receipt whereof is hereby acknowledged, has sold, assigned, transferred and does hereby sell, assign and transfer to the said party of the second part, all right, title and interest of the said party the first part in and to a certain real estate security instrument, dated the 28th of January , 2005 Darrell F. Sunday and Linda M. Sunday and recorded in the Recorder of Deeds office amount the land records of the Deed Book/Liber 1$9 7 at Page/Folio 11-19G and more particularly described as follows: SEE EXHIBIT "A" IN WITNESS WHEREOF, said party of the first part has caused these presents to be signed by its Assistant Vice President this 28th day of January. 2005. Witness: • LULu W % Lt V1,4 CC ccn }- 41 :r .ca C: 4 ea a � L._ C LJ LL ▪ ▪ . C=2 C=2 t • STATE OF PENNSYLVANIA COMMERCE. BANK/HARRISBURG NATIONAL ASSOCIATION 100 SENATE AVENUE P.O.BOX 8599 CAMP HILL, PA 17011 /BY: Robin M. Zerbe • Assistant Vice President COUNTY OF CUMBERLAND On this, the 28th day of January, 2005 before me, the undersigned officer, personally appeared Robin M. Zerbe , who acknowledged herself to be the Assistant Vice President of Commerce Bank/Harrisburg, and that she as such Assistant Vice President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation herself as Assistant Vice President. IN WITNESS WHEREOF, hereunto set my hand and official seal. /H \Notary Public itrt• 71.5 ,GE 1233 Notarial Seel SFm n E. Maisano, Notary Public LOW aknTwp., Cutbertard County My Ctnrisslan Expitte AP/ 10, 2006 Member, Pernsytrania Assoaaton Of Wades ALL that certain lot of ground situate in the Townahip of Middlesex, County of Cumberland and,State, of Pennsylvania more particularly bounded and described as follows: • BEGINNING at a point in the center line of Horner Road (T-576) at the line of lands now or formerly of Gail W. Jensik, which acid point of beginning is North eighty-eight (88) degrees' thirteen (13) minutes ten (10) aeconds West twenty-eight and ten one -hundredths (28.10) feet from an existing railroad spike in the center line of South Middlesex Road (s.R. 1005); thence along the center line of Horner Road (T-576) North eighty-eight (88) degrees thirteen (13) minutes ten (10) seconds West two hundred ninety-five (295) feet to a point; thence along lands of the Estate of Margaret A. Sunday, Walter D. Sunday and Gwendolyn D. Sunday, his wife, and Diane L. Beam and Clyde 0. Beam, her husband, North five (05) degrees forty --five (45) minutes West twenty-five and twenty-two one -hundredths (25.22) feet to a concrete •monument on the northern dedicated right-of-way line of Horner Road; thence further by name North five (05). degrees forty-five (45) minutes West five hundred fifty (550) feet to a'set 3/4" steel bar; thence still by same South eighty-eight (88) degrees thirteen (13)'minutes ten (10) seconds Fast two hundred ninety-five (295) feet to a set 3/4" steel bar on line of lands now or lade of Jensik; thence along said lands now or formerly of Jensik South five (05) degrees forty-five (45) minutes Fast five hundred fifty (550) feet to a set 3/4" steel bar on the northern dedicated right-of-way line of Horner Road; thence further by same South five (05) degrees forty-five (45) minutes East twenty-five and twenty-two one-hundredtha (25.22) feet to a point in the center line of Horner Road at the point and place of BEGINNING. - BRING Lot No. ;2 on Final. Minor Subdivision Plan for The Estate of Margaret A. Sunday, which said Plan is recorded in the Recorder of Deeds Office' in and for Cumberland County, Pennsylvania in Plan Book No. 73_. , Page ii fy this to be recorded unsberland County PA BOOK 715 f'Att 1234 _ ... .. :�;?;<�:5•?5•k:_y:; eta++,"M", '�Ni Recorder of Deeds • CitiMortgage, Inc. PO Box 9090 Temecula, CA 92589-9090 Send Payment to: CitiMortgage, Inc. PO Box 689196 Des Moines, IA 50368-9196 Send Correspondence to: CitiMortgage, Inc. 6400 Las Colinas Blvd. Irving, TX 75039 1 1 1 9307 1100 1170 0752 0803 47 20140714-168 rinlr���I�I����It�lrllllrrlrlllllr��rlllllrlltrinllr�u�llltll DARELL F SUNDAY 142 HORNERS RD CARLISLE, PA 17015-8508 PRESORT First -Class Mail U.S. Postage and Fees Paid W SO CITIPAACT91 Date: 07/14/2014 DARELL F SUNDAY 142 HORNERS RD CARLISLE, PA 17015-8508 RE: Property Address: 142 HORNERS ROAD CARLISLE, PA 17013 CitiMortgage Loan #: immv882 Sent Via Certified Mail 9307 1100 1170 0752 0803 47 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 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 IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA CITIPAACT91 Page 1 of 6 9307 11017 1170 0752 0803 47 HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DARELL F SUNDAY LINDA M SUNDAY PROPERTY ADDRESS: 142 HORNERS ROAD CARLISLE, PA 17013 LOAN ACCT. NO.: r 882 ORIGINAL LENDER: COMMERCE BANK / HARRIBURG, N.A. CURRENT LENDER/SERVICER CitiMartgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE .AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT.' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling 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. Only consumer credit counseling agencies have applications for the program and they will assist you in CITIPAACT91 Page 2 of 6 9307 1100 1170 0752 0803 47 submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT 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: 142 HORNERS ROAD CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05/01/14 through 07/01/14 3 @ $964.65/month 2 G $48.23/late charge/month Other charges (explain/itemize): Uncollected Late Charges: TOTAL AMOUNT PAST DUE: $2,990.41 $96.46 $3,086.87 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 $3,086.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc. P.O. BOX 183040 Columbus, OH 43218-3040 CITIPAACT91 Page 3 of 6 9307 1100 1170 0752 0803 47 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 be required to pay attorney's fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principalbalance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then 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 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: P.O. Box 12218 Tucson. AZ 85732-2218 Phone Number: 1-877-362-0175 Fax Number: 1-866-940-8147 Contact Person: MarkAnthony Hartland E -Mail Address: markanthony.b.hartland®citi.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION 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. CITIPAACT9I Page 4 of 6 9307 1100 1170 0752 0803 47 'L'tlf4� YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT 1N 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 COUNSELLNG AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON TRE ATTACHED LIST This is an attempt to collect a debt and any information obtained will be used for that purpose. CITIPAACT9I Page 5 of 6 9307 1100 1170 0752 0803 47 HEMAP. Consumer. Credit Counseling Agencies CUMBERLAND County Report last updated:. 10/16/2013 10:43 AM Advantage Credit Counseling Service/CCCS. of Western PA 2000 Linglestown Road Harrisburg, PA. 17102 888-511-2227 Housing Alliance of York/Y. Housing Resources 290 West Market Street York, PA 17401 717-855-2752 PathStone Corporation 1625 North .Front St Harrisburg, PA. 17102 717-234-6616 PA Interfaith Community Programs Inc 40 E High Street Gettysburg,. PA .17325 717-334-1518 Community Action Commission of Capital Region 1514. Berry. Street Harrisburg, PA. 17104 717-232-9757 Maranatha 43. Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PathStone Corporation 450 Cleveland Ave Chambersburg, PA .17201 717-264-5913 P.HFA 2.1.1 North Front Street Harrisburg,. PA 17110 717-780-3940 800-342-2397 Ht Page6of6 9307 1100 1170 0752 0803 47 CitdMortgage, Inc. PO Box 9090 Temecula, CA 92589-9090 Send Payment to: CltiMortgage, Inc. PO Box 889196 Des Moines, IA 50368-9196 Send Correspondence to: CitiMortgage, Inc. 6400 Las Colinas Blvd. Irving, TX 75039 KI ` ilii iii i 930? 1100 1170 0752 0803 30 20140714-168 Iltl'l'I'I1111"I'II II'I"I'II'II'Ill''I'ii'III'III II'IIIII'i''''i LINDA M SUNDAY 142 HORNERS RD CARLISLE, PA 17015-8508 PRESORT First -Class Mail U.S. Postage and Fees Paid wso CITIPAACT91 Date: 07/14/2014 LINDA M SUNDAY 142 HORNERS RD CARLISLE, PA 17015-8508 RE: Property Address: 142 HORNERS ROAD CARLISLE, PA 17013 CitiMortgage Loan #: im1882 Sent Via Certified Mail 9307 1100 1170 0752 0803 30 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 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 IMPORTANCIA, PUES AFECTA SU DERECIIO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF1CACION OBTENCA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA CITIPAACT91 Page l of 6 9307 1100 1170 0752 0803 30 4 HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): LINDA M SUNDAY DARELL F SUNDAY PROPERTY ADDRESS: 142 HORNERS ROAD CARLISLE, PA 17013 LOAN ACCT. NO.: IIIMPINIM 882 ORIGINAL LENDER: COMMERCE BANK / HARRIBURG, 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 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. Only consumer credit counseling agencies have applications for the program and they will assist you in CITIPAACT91 Page 2 of 6 9307 1100 1170 0752 0803 30 submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 .DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE_ ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT 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: 142 HORNERS ROAD CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05/01/14 through 07/01/14 3 @ $964.65/month 2 @ $48.23/late charge/month Other charges (explain/itemize): Uncollected Late Charges: TOTAL AMOUNT PAST DUE: $2,990.41 $96.46 $3,086.87 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 $3,086.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CITIPAACT91 Page 3 of 6 CitiMortgage, Inc. P.O. BOX 183040 Columbus, OH 43218-3040 9307 1100 1170 0752 0803 30 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 considereddue 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 550.00. However, if legal proceedings arc 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 pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principalbalance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, Mus 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: P.O. Box 12218 Tucson, AZ 85732-2218 Phone Number: 1-877-362-0175 Fax Number: 1-866-940-8147 Contact Person: MarkAnthony Hartland E -Mail Address: markanthony.b.hartland@citi.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION 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. CITIPAACT91 Page 4 of 6 9307 1100 1170 0752 0803 30 •, 1 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 TH:E SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT . TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST This is an attempt to collect a debt and any information obtained will be used for that purpose. CITIPAACT91 Page 5 of 6 9307 1100 1170 0752 0803 30 4 j.o A HEMAP Consumer. Credit Counseling. Agencies. ... . CUMBERLAND County Report last updated: 10116/1013.10:43 AM Advantage. Credit. Counseling ServiceICCCS of Western PA 2000 Linglestown Road Harrisburg, PA 171.02 888-511-2227 Housing Alliance. of York/Y. Housing Resources 290 West Market Street York, PA 17401 717-855-2752 PathStone Corporation 1625 North Front St Harrisburg, PA 17102 717-234-6616 PA Interfaith Community. Programs.Inc 40 E High Street Gettysburg,. PA .17325 717-334-1518 Community. Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PathStone Corporation 450 Cleveland Ave Chambersburg, PA .17201 717-264-5913 P.HFA 211 North Front Street Harrisburg, PA 17110 717-780-3940. 800-342-2397 HC Page6of6 9307 1100 1170 0752 0803 30 POWERS KIRN & ASSOCIATES, LLC ATTORNEY FOR PLAINTIFF BY: HARRY B. REESE, ESQUIRE -PA ID # 310501 EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 TEL: (215)942-2090 CitiMortgage, Inc., ; COURT OF COMMON PLEAS Plaintiff/Movant, ; CIVIL DIVISION CUMBERLAND COUNTY v. NO. 14 -5663 -CIVIL Darrell F. Sunday & Linda M. Sunday, : ACTION IN MORTGAGE FORECLOSURE Defendants/Respondents. CERTIFICATE OF SERVICE TO THE PROTHONOTARY: The undersigned hereby certifies that pursuant to Pa.R.C.P. 440 true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support, Affidavit in Support, Proposed Order and this Certificate of Service were served upon the following person(s) named herein at their last known address or their attorney of record via USPS First Class Mail. DATE SERVED: TO: Darrell F. Sunday 142 Horners Road Carlisle, PA 17013 Defendant Pro Se Darrell F. Sunday 1 Hoover Road Carlisle, PA 17013 Defendant Pro Se Linda M. Sunday 142 Horners Road Carlisle, PA 17013 Defendant Pro Se Respectfully submitted, POWERS KIRN & ASSOCIATES, LLC BY: a y B. eese, Esquir Id. No. 310501 Attorney for Plaintiff