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14-6698
Supreme fi u o ,ennsylvania COU of4Commo leas For Prothonotary Use Only: evils Teff' ver Sh t U Docket No: CUN1BLANtJ County �1&jjl� The information collected on this form is used solely for court administration purposes. This form does not i supplement or•replace thefiling and service of pleadings or other pa ers as required by law or rules of court. 1 Commencement of Action: S El Complaint ❑ Writ of Summons ® Petition _I Transfer from Another Jurisdiction El Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T CITIFINANCIAL SERVICING, LLC JERRY R. MYERS, SR.A/K/A JERRY R. MYERS &P/� Dollar Amount Requested: 17within arbitration limits i I Are money damages requested? 0 Yes J No (check one) [@ outside arbitration limits �0 'IN Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes El No P�A Name of Plaintiff/Appellant's Attorney: POWERS, KIRN&ASSOCIATES, LLC 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 { Cl Intentional ® Buyer Plaintiff Administrative Agencies l 0 Malicious Prosecution Debt Collection:Credit Card 0 Board of Assessment © Motor Vehicle © Debt Collection:Other I® Board of Elections j [3 Nuisance IJ Dept.of Transportation Premises Liability [ Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) [3 Employment Dispute: ' 0 Slander/Libel/Defamation Discrimination C El Other: Q Employment Dispute:Other Q Zoning Board T —' Other: I ® Other: O MASS TORT El Asbestos N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ril Toxic Waste Other: 0 Ejectment ❑ Common Law/Statutory Arbitration t B Eminent Domain/Condemnation ❑ Declaratory Judgment Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations I fx. Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ©Mortgage Foreclosure:Commercial 0 Quo Warranto ' Dental 0 Partition 0 Replevin Legal IJ Quiet Title 0 Other: Medical 0 Other: Other Professional: Updated 1/1/2011 s 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 Ei Eight Neshaminy Interplex Suite 215 f Trevose,PA 19053 ' (215)942-2090 ATTORNEYS FOR PLAINTIFF CITIFINANCIAL SERVICING LLC COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY vs. NO. JERRY R.MYERS, SR. COMPLAINT IN A/K/A JERRY R.MYERS MORTGAGE FORECLOSURE PATSY B.MYERS 9 DEAD END LANE SHIPPENSBURG,PA 17257 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 S / 32 S.Bedford Street Carlisle,PA 17013 �� I✓ `�S 717-249-3166 11 ' 800-990-9108 d a 2 (Gbh I sl3S�1S r 7 q n 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. (197 7), 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(3 0)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. Y 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 r (215)942-2090 ATTORNEYS FOR PLAINTIFF CITIFINANCIAL SERVICING LLC COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. JERRY R. MYERS, SR. COMPLAINT IN A/K/A JERRY R. MYERS MORTGAGE FORECLOSURE PATSY B. MYERS 9 DEAD END LANE SHIPPENSBURG, PA 17257 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. Citifinancial Servicing LLC (hereinafter referred to as"Plaintiff') is a Corporation with a principal place of business in O'Fallon,Missouri. 2. Jerry R. Myers Sr. a/k/a Jerry R. Myers and Patsy B.Myers (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 April 10, 2006,was recorded on April 12, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1946, Page 2814. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on September 26, 2014 in the Office of Recorder of Deeds in Cumberland County in Instrument#201421998. A copy of the Mortgage and Assignment of Mortgage is attached and made a part hereof as Exhibits `A' and `B'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on April 10,2006 in the original principal amount of$32,366.12,which is payable to Plaintiff in G r monthly installments with an interest rate of 9.26%. A copy of the Note is attached and made a part hereof as Exhibit `C'. 5. The land subject to the mortgage is 9 Dead End Lane, Shippensburg, PA 17257. 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 9 Dead End Lane, Shippensburg,PA 17257. 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 $26,279.63 Interest to 10/10/2014 $1,974.09 TOTAL $28,253.72 plus interest from 10/11/2014 at$6.75 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. Notice of Intent to Foreclose as set forth in Act of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on July 3.1, 2014. A copy of the Notice is attached and made a part hereof as Exhibit"D" and made a part hereof. s s K i Y WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendants, in the sum of$28,253.72,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,KIRN&ASSOCIATES, LLC BY: < ❑ Jill Manuel-Coughli , Esquire Id. No. 63252 Vlanta 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 i f I i i , 1 i i I i i i t , I i i I f "A" A i EXHIBIT "` " r t i i y v. LANDER Document Data n Page 1 of 1 Instrument#: 2006118 Recorded Date: APR 12, 2( 06 2946 Page: 2814 ) 12:00:00 AM Total Pages: 7 � Instrument Type: MORTGAGE County: CUMBERLAND Parcel Numbers: N/A ! Municipality: HOPEWELL TOWNSHIP Recording Status: VERIFIED { Notes: MORTGAGOR MYERS,JERRY R SR MORTGAGEE MYERS,PATSY B CITIFINANCIAL SER INC I i i I i ) 1 i I 3 f i I f 1 f ) I f i { http://www.landex.com/webstore/jsp/cart/DocumentSearchResults jsp?LastName=MYE... 09/30/2014 Y prepared by: IVV CITIFINANCIAL SERVICES, 24C. 4 S PAYETTE ST SHIPPENSBURG PA 17257 X006 �P� 1Z Return to: CITTFINANCIAL SERVICES, i I 244.S FAYETTE ST SHIPPENSBURG PA 17257 i Parcel Number: i MORTGAGE i THIS MORTGAGE is made this loth day of April , 2006 ,between the Mortgagor, � JERRY R. MYMS, SR. PATSY B. MYERS and the Mo (herein"Borrower% rtgagee, CITIFINANCIAL SERVICES, INC. a corporation organized and existing under the laws of Pennsylvania Whose address is 244 S PAYETTE ST SHIPPENSSURG PA 17257 (herein"Lender*). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 32,366.12 which indebtedness is evidenced by Borrower's note dated 04/10/2006 and extensions and renewals thereof(herein "Note").providing for monthly hwaurnents of principal and interest, with the balance of the indebtedness,if not sooner paid,due and payable on 05/14/2021 ; TO SECURE to Lender thea rep ymenc of the indebtedness evidences!by the Note, with interest thereon; the i payment of all-other sums, with the interest thereon, advanced m accordance herewith to pnutect the security of this Mortgage; and the perfornrmtx of the covenants and agreements of Borrower hereon contained. Borrower does hereby mortgage,grant and convey to Lender the following described property located in the County of ? CUNBMa AND ,State of Pennsylvania: - ALL THOSE CERTAIN PARCELS OF LAND IN HOPEWELL TOWNSHIP, CI7MBER7,AND COUNTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED IN BOOK 206, PAGE 133 3 IN SUBDIVISIONOOF6GGARYO02 BEING D. REIHARTT,FILM INWN AND $SIM&TED AS PLAT BOOR 4ZATgPA E1117 AND BEING MORE PARTICMARLY DESCRIBED AS A METES AND BOUNDS PROPERTY. BEING THE SAME PROPERTY CONVEYED BY FEE SIMPLE DEED FROM DAVID S.- I HALTEMAN AND REBECCA I HALT %N, HUSBAND AND WIFE TO JERRY R. MYERS SR 's AND PATSY B MYERS, DATED 08/06/1999 RECORDED ON 08/19/1999 IN BOOR 206, PAGE 133 IN C0MBER1FIND COUNTY RECORDS, COMONWEALTH OF PA. I j i I i BEING premises which are more fully deem'bed m a deed dated the 29th day of JULY 2002 , and recorded in the Office of the Recorder of Deeds of CUMBERLAND ' County,Pennsylvania, in Record Book' 206 ,Volume ,Page 133 PA 0042-9 1212004 Original(Recorded) Copy(Braneh) Copy(Cuetosar) Page 1 of i I X%Y SR 04/10/2006 TOGEIRM with all the improvements now or hereafter erected on the property, and all easements,rights,appurtenances and rents,all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing,together with said property(or the leasehold estate if this Mortgage is on a leasehold)are hereinafter referred to 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 unencurnbwW, except for enctunbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and dentanda,subject to encumbrances of record. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Intent. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2.fiords for Taxes and Inmithce. Subject to applicable law or a written waiver by Leader.Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note,until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condomimum and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insuance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower malaes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender,the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency(including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Leader may not charge for so holding and applying the Funds,analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits bender to matte such a charge. Borrower and bender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower,and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by bender, together with the future monthly installments of Funds payable prior to the due dazes of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be,at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not.be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to maim up the deficiency in one or more payments as Lender may require. Upon payment in frill of all stuns secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by I.end er. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Leader shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Leader at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to r PA W42-9 unX4 original(Recorded) Copy(Branseh) Capy(Cunstcater) Page of7 i cc c I 1 MY R M SR 04/10/2005 Lender by Borrower under paragraph 2 hemf, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust;Charges;Liens.Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all fixes, assessments and other charges, lines and impositions attributable to the Property which may attain a priority over this Mortgage,and leasehold payments or ground rents,if any. S. Hazard 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 such other hazards as-Lender may require and in such amounts and for such periods as Fender may require. The insurance carrier providing the insurance shall be ch,osen,by Borrower subject to approval by Lender; provided,that such approval shall not be unreasonably withheld.All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall'include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof,subject to the terms of any mortgage,deed of trust or other security agreement with a lien which has priority over this Mortgage. 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. If the Property is abandoned by Borrower,or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the suras secured by this Mortgage. b. Preservation and Maintenance of Ptopeft Lessdnolds; Condomi niumn, Planned Unit Developments.Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall ably with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development,Borrower shall perform all of'Borrower's obligations under the declaration or covenants cog or governing the condominium or planned unit-development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Secmrity. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Leader's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may mab such appearances, disbuae such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. if Lender required mortgage insurance as a condition of making the loan secured by this Mortgage„Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Leader's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower seared by this Mortgage. Unless Borrower and Lender agree to other terms of payment,such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action heminder. . S.Lnspectkw.Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lien of PAo042-9 imow original(Recorded) Copy(Branch) Co"(Cthatomer) Page3oV I O t'94STG 2.8 I S • I a A J RR MSR 04/10/2006 condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lenderto any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the suns secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in i rwrest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound;Joint and Several Liability;Co-signers.The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing tliis Mortgage only to mortgage. grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b)is not personally liable on the Note or Hader this Mortgage, and(e) agrees that Lender and any other Borrower hereunder may agree to extend,modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notke.Except for any notice required under applicable law to be given in another manner, (a)any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property address or at such other address as Borrower may designate by notice to Lender as provided herein, and(b) any notice to Leader shall be given by certified mail to Lender's address stated herein or to such other address as lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage.In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision,and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy.Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair,or other loan agreement which Borrower enters into with Lender.Lender,at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply Iabor, materials or services m connection with improvements made to the Property. 16.Transfer of the Property or a Beneficial hderest in Borrower. if all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,Lender way,at its option,require immediate payment in fun,of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is PA oo42.9 1212004 original(Recorded) Copy(Branch) Copy(Customer) Page 4 of 7 BKI94.6.PG28.17 i Py B ;M SR 04/10/2006 prohibited by federal law as of the date of this Mortgage. If Lander exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without hi Cher notice or demand on Borrower. NON-UNIFORM COVENANTS.Borrower and Lender Airther covenant and agree as follows: 17. Acceleratlon;Remedies.Upon Borrower's breach of any covenant or agreement of Borrower In this Mortgage, including the covenants to pay when due any suns soma-ed by this Mortgage, Leader prior to acceleration shall give notice to Borrower as provided by applicable law gndtying,among other*hW:.(1) the breach; (2)the action required to cure sods bready (3)a date,not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured;and(4)that failtim to cure such breach on or before the date spedfied in the notice may result In aooel ration of the sums secured by tbk Mortgage, foreclosure by Judicial proceeding,and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to assert In the foredoom proceeding the nonedstenoe of a defaaht or any other defense of Borrower to acceleration and foreclosure. If the breach is not enred on or before the date spe&W In the notice,Lender,at Lender's option,may dedare all of the sums secured by this Mortgage to be hmmediatdy due and payable without further demand and may foreclose this Mortgage by Judicial proceeding.Lender shall be entitled to collect in such Pf+ooeeding all of foreclosure, includIM but not limited to, reasonable attorneys' fees, and costs of documentary evidence,abstracts and title reports. 18. Borrower's Rhgbt to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any pmoeedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the comment of bidding at a sheriff s sale or other sale pursuant to this Mortgage if-.(a)Borrower pays Lender all sums which would be thea due under this Mortgage and the Note had no acceleration occurred;(b)Borrower ours all breaches of any other covenants or agreements, of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys'fees; and(d)Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired.Upon such payment and cure by Borrower, tbis Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration bad occurred. 19. Assignment of Rents, Appointment of Receiver; Lender In Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property,provided that Borrower shall, prior to acceleration trader paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property,Lender, in person,by agent or by Judicially appointed receiver shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including those past due. All reran collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collections of rents, including,but not limited to, receiver's.fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage.Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all stems severed by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower.Borrower shall pay all casts of recordation,if any. pA 0042-9 12/2004 original(Recorded) Capt'(Branch) Copy(Ctrstmer) Page S of 7 BX 19.4-6F92-8 f 8 WY R �yg RS SR 04/10/2006 PATSY B MY$RS 21. Interest Rate Atter 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 stated in the Note. 22. Hazardous Substances. Borrower shall not cause or permit the presence,use, disposal, storage,or release of any Hazardous Substances on or in the property. Borrower shall not do,nor allow anyone else to do, anything affecting the property that is in violation of any Environmental Law. 7be 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 ptaperty. Borrower shall promptly give Lender written notice of 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 loiowledge. If Borrower learns, or is notified by any governmental or regulatory authority, 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. As used in this paragraph 22, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 22, "Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. (Intentionally left blank) PA 0042.9 12!2004 original(Recorded) Copy(Branch) COpy(Cuoto"r) Page 6 of 7 REQUEST FOR NO'T'ICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage,deed of trust or other encumbrance with a lien which has priority over this Mortgage to give . Notice to Lender, at Lender's address set forth on page one of this Mortgage, with a copy to P. O. Box 17170, Baltimore;MD 21203, of any default under the superior eaeumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. witness: � GCC g,• t.+t , �. s Borrower �AeS� $'rc��,t —Bornawer I hereby certiff���,.t,hat the precise address of the Lender(Mort$a$ee)>s: On behalf of the Lender.By:-�— '``'� -,�h.s. �Cft� Title CN Q&Q_1%C — COMMONWEALTH OF PENNSYLVANIA, Cbt�`4.�. Cody ss: On this,the tZ� day of , ,a,Q ,before me the undersigned officer,personall�r JF known to me(or satisfactorily proven)to be the person whose name Q Q to the within instrument and Purposes herein contained. IDT WITNESS WHEREOF,I hereunto set my hand and official TM Of ppoie"AldA CnIN My Commission expires no AlilAl SEAL. . USA A.tttHrlel.Et�i,liegrt► 71ft of ower ripprrrabwg 66M.,Eta w 3 Page 7 of 7 PA 0042-9 1212004 i�_$etOVl►1 tiffs Une Reserved For l erider and RecOMerl Commonwealth of Pennsylvania ss. ! Certify this ro be recorded County of hi Cumberland County PA in the Office for Recorded on this day of , Recording Deeds of said County,in Mortgagee Book No. f RECORDER i i?c,-;urder of Deeds J 3 y 1 I 1 XHIBIT GG »I3 t s i i I i u Inst. # 201421998 - Page 1 of 4 Recording Requested By/ CERTIFIED PROPERTY IDENTIFICATION NUMBERS Return To: 11-10-0610-100 - HOPEWELL TP CCGI8 REGISTRY 09/26/2014 BY DC ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED,the receipt and sufficiency of which are hereby acknowledged, { the j undersigned CFNA Receivables(PA),Inc.f/k/a Ciffinancial Services,Inc.,a Pennsylvania corporation("Assignor"),whose address is 300 St.Paul Place,Baltimore,Maryland 21202,does hereby grant,sell,assign,transfer and convey unto CftiFinancial Servicing LLC,a Delaware limited liability company ("Assignee'),whose address is 300 St.Paul Place,Baltimore,Maryland 21202,all beneficial interest under the below-described Mortgage,together with the note(s)and obligations therein described, the money due and to become due thereon with interest,and all rigbts accrued or to accrue under such Mortgage. r That certain Mortgage dated April 10,2006; f 1, executed by JERRY R.MYERS,SR.PATSY B.MYERS,Mortgagor(s); t to and in favor of CITIFINANCIAL SERVICES,INC.,Mortgagee; t recorded in Book 1946,at Page 2814,and/or as Document/Instrument No.NA, in the Office of the Recorder of Deeds for CUMBERLAND County,Pennsylvania on April 12,2006 encumbering the property having an address of 9 DEAD END LANE SHIPPENSBURG PA 17257 with a Parcel ID(PIN)of 11-10-0610-100. r I TO HAVE AND TO HOLD the same unto Assignee and its successors and assigns,forever, subject only to the terms and conditions of the above-described Mortgage. Page 1 of 2 PA.554.740.741.cfsi.ASGN.MTG i j Inst. # 201421998 - Page 2 of 4 r IN WTI'NESS WHEREOF,the undersigned Assignor has caused this Assignment ofl4tortgage to be executed by its duly authorized officer on 04/07/2014. CFNA Receivables(PA),Inc.fWa CitiFinancial II Se 'ces,Inc.,a Pennsylvania corporation i i I i BY: TT i Tom: ice President ' State of Texas County of Dallas I This instrument was acknowledged before me on April 7,2014 by MA.RIVETTE p'IT,Vice President of CFNA Receivables A Inc.Vk/a Citifinancial Services Inc. a Pennsylvania co i c ion. ' Y rporation,on behalf of NILDA F ES UBEL� J My Comm'sslort Expires �! �f December 7.2016 r i (Personalized Sea]) jotarygnature g/"- I r 0 I This instrument prepared by: + JESSICA DIAZ CitiFinancial Servicing LLC 300 St.Paul Place Baltimore,MD 21202 i t The precise address of the within named Assignee is: 300 St. lace,Baltimore,M Land 21202 By. I Page 2 of 2 PA.554.740.741.cfsi.ASGN.MTG i t r Inst. 201421998 - page.3 of 4 ............. �_ c , ALL THOSE CERTAIN PARCELS OF LAND IN HOPEWELL TOWNSHIP, CUMBBRI,AND COIINTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED IN BOOK 20L PAGE 'M IaISI-1 OF GA-100, BEING KNOWN AND DESIGNATED AS LOTS 2 AND 3 IN BEING OF GARY D. DESCRT, FILED IN PLAT BOOK 24 AT PAGE 117 AND � BEING MORE ME PROPERTY DESCRIBED AS A METES AND BOUNDS PROPERTY. BEING'THE SAME PROPERTY CONVEXED BY FEE SpJ� DEED FROM DAVID S,' i HALTEMAN AND REBECCA X HALTBMAN, HUSBAND AND WIFE TO JERRY R. MYERS SR � AND PATSY B. MYERt9, DATED 08/06/1999 RECORDED ON 08/19/1993 206, PAGE 133 IN CbMBERLAND COUNTY RECORDS, IN BOOK COMhIO�iF7EF,LTH OF PA. i 41 I { 1 . � +t J t I' i { t { I i.. i i i i` Inst. # 201421998 - Page 4 of 4 TA 4MY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY :> 1 COURTHOUSE SQUARE `4 CARLISLE,PA 17013 717-240-6370 = =' Instrument Number-201421998 Recorded On 9/26/2014 At 3:24:59 PM '°Total Pages-4 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number- 169226 User ID-BMM *Mortgagor-MYERR,JERRY R SR *Mortgagee-CITIFINANCUL SER INC k Customer-SEMPLIFILE LC E-RECORDING "FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $35.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this Iegal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $67.50 I Certify this to be recorded in Cumberland CounqA oPcvq may o RECORDER OF DEEDS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. f I LANDEX Document Data Page I of 1 Instrument#: 201421998 Book: Recorded Date: SEP 26,2014 Page: 03:24:59 PM Total Pages: 4 Instrument Type: ASSIGNMENT OF Parcel Numbers: 11100610100 MORTGAGE County: CUMBERLAND Municipality: HOPEWELL TOWNSHIP Recording Status: VERIFIED Notes: MORTGAGOR MORTGAGEE MYERS,JERRY R SR CITIFINANCIAL SER LLC MYERS,PATSY B CFNA RECEIVABLES (PA) INC lhttn•//www londex cnm/web.tore/isn/ca.rtll7ncumentSearchResults.iso?LastName=MYE... 09/30/2014 XHIBIT "C" Disclosure Statement 19te and Security A ell t Borroiver(s),(Name and mailing address) Lender(Name,address,city and state) Account No. JERRY R MYERS SR -CITIPINANCIAL SERVICES, PATSY B MYMS INC. 9 DEAD END LANE• 244 S PAYSM ST SHIPPENSBURG PA 17257 SHIPPENSBURG PA 17257 04/10/2006 ANNUAL PERCENTAGE RATE FINANCE CNARGE Amount F'manced Total of Payments The cost of Borrower's credit as The dollar amount the credit win The amount of creda provided In The amount Borrower will have •a yearly rare. cost BarralVef. Borrower or on Borrawrer's behalf paid alter Borrower has maMall payments as scheduled_ 9,26 %11S 27,796.13 ; 32,341.12 S 60,137.25 Paymem'Schedule' If cbe-ked,Borrower is giving a security Numlx i-of Amann!of When Pa nts g. g Payments menta' Are Due entreat m QX Real Property 301 5332.25 MONTHLY HI GUn ING 05/14/2006 0 Mobile Home or Mamtf carred Hoare ; Lace Charge:If a payment is more than 15-days.late. g Borrower will be charged a late charge of the greater S of S 20.00.or 10.0 S.Of the payment amount. Preoaymof If Borrower pays off early,Borrower: See rhe contract documents'for any additional information about Doatayment.default. Q will not ❑may have to pay a penalty,and gay required repayment in full before the scheduled data.and prepayment reftutds and will oat be entitled 0 a refund of pact of the fmarice penalties: Vie. •Dait,K not include any insurance premium. .Additional Information: Tauhwwmdl6u m,ni6l pgnMlA faeAWaa U.-prtmmm•amt.I PRINCIPALNPNNNONEDATE CHARGES BEGIN '332.25 s 32,366.12 s 04/19/2006 Required insurance Disclosure: 1f Borrower grana Leader a security interest as indicated in this doctime:94 insurance to protect the Lender's interest in the collateral may be required.If tib loan is secured by real property,or mob ildmanufactmed home,then fire,esteaded coverage.coDklon andler comprehensive casualty tnsuiance fa required naming Lender as loss payee,-until the inn Is idly paid.The amour'of such insurance must be sufficient to satisfy,the unpaid balance of the town,or be equal m the value of die collateral,whichever is less,Such Insurance may be provided through an exisft policy or a policy obtained independently and purchased by Borrower. Borrower may obtain such Insurance from any insurer that is reasonably aeccplable to lender. Optiamd Insurance Disclosure: Borrower Is not required to purchase optional insurance products,sub as: Credit Lite, Credit Ithabliity, lovalunmry Unemployment. Insurance or any ether:optional insurance products.Leader's decision to grant credit will not be alYected by Borrower's decision to parxbase or decline to purchase optional Insurance. Coverage•will,not be provided unless Bormwer signs and agrees to pay tit applkahle moaNty pts In addition to the moo"boas payment disdated above. Borrower should rerer to the terms contahted-f s the applicable cerdilmte or policy of Insurance issued for the exact description of beaeAts, exduslons and premium rates. If Borrower pumbases.Msoru re,Borrower'i mmttbly payment will(Delude both the monthly lose payment disclosed above and the appiliabte monthly pretahnmas. [/We request die following Insurance: Premium Due condi First Year's Insurance tC the First Mouth's Prendtun• Type: rrowe s Signature Date L(mn Payment of SNONE $ .t?�� / ! Old S NONE. S Second 80 's Sigrta Da $ NONE S (+First'year's premiums ate calculated m*dhe assuntptioo thafmomhty loan payments are timely made).Accrued but unpaid premium, if not paid earlier,cold be doe'and payable at the time of uhe.final payment on the loan.However,tailure.m'pay pre m tens way result in terinination of insurance as iiescnbed below, Termination or Insurance: Borrower may cancel any of the Optional insurance products offered at any tum. The optional Insurance will terminate upon rite earliest of the following,ou urrences: (1) the Lender's receipt of Borrower's written request for termination; (2) on the date-when the sum of past due premiums equal or exceed four limas the first month premium: (3) termination pursuant to the provisions of the insurance certificate; (4) payment in fait or Borrower's Loan: (5) death of Borrower. TERMS: In this Disclosure Statement.Note and Security Agreement,the word'Borrower"refers to deo persons signing below as-Barrower,whether one or more. If more.than one Borrower signs,eaeh'wW be responsible,mdWiduaily and together,for all promises.made•and for repaying the loan in full. The word'lender'refers to the Lender.whose name and address ate shown above. PROMISE TO PAY: In renun for a loan that Burrower has received,Borrower promises to pay to the order or fender the Pitt hw amoum shown alcove.plus.inrerest on the,unpaid Principal balance from the Dam Charges Begin shown above until fully paid at the following Rate of Interest RAT[OF INTEREST: 09.24969u per annum on the entire unpaid Principal balance.Leader will compum interest an the unpaid Principal balance on a daily basis from the date charges begin until Borrower repays the loan. If Borrower does not.rnake sufficient or timely payments according to the payment schedule above. Borro-wer well incur greater intemst charges'on die loan. Any amount shown above as Poeta has-been paid by Borrower as points and any amount shown below as'a Buydown Fee has been paid by a panty Other than Borrower as a buydown fee. These amounts are considered prepaid charges and are in addidari to the above Rare of interest. Any Points or r Buyduwn fee are earned prior to any other interest on the loan balance,abd in tbe,evem of prepayment'of the1oan,will not be refandable to Borrower. $NONE has been paid by a party other than Borrower as a Buydowo Fee. Principal and interest shall be payable in tit .-Subsnamially equal monthly installments shown aboit.except that any appropriam adjustments will be made.to the fusi and•fi ial payments,beginning on the first payment dare shown above and continuing on the sate day In each following month urdil paid in flat. Upon the final payment date or the acceleration thereof, the Bathe a timading tialamce of Principal and.interest evidenced by this Disclosure Statement, Nate and Security Agreement shall be due and payable.. Any payment(s)wbkb Leader accepts after the final paym date ar the acceleration thereofda not constitute a renewal Or extension of this{Ran unless Itrtdet so determines. aQ v,t Borrower's Initials: ty Original. (anrasnoh) Copy (Customer:) Page I of 3 i JERRY R MYERS SR PATSY B•MYl 04/16/2006 NW 0 J Each payment.ihall be applied as follows:(1)maadtly loan payments due(first to interest.then principal).(2)Insurance.premiums due.(3)uaipaid 'imerest to the-date of payment..if any,than(4)priacgral.Lender tray collect interest!tutu and atter maturity'and after a judgement Is enteredupon the unpaid Principal balance at.eithcr'the maximum rate permitted by the than applicable law or the rate ofiaterest prevailing,under this Disclosure Statement.Mote and Security AV—mew. LATE CHARGE:If any insaDinem is paid more than 1 S days after the scheduled payment date.Borrower agrees to pay a late charge of the greater of S 20:00 or 10.o%of the installment amount.Leader may,at its option;waive any late charge or portion thereof without waiving.its right to require a late charge with regard to any other lace payment. PREPAYMENT: Borrower may make a full or partial prepayment of the unpaid Principal balarm at any time.(ebeek applicable box): Q Irths box is cbecked.Borrower may prepay this loan k whole at in part at any.time without penalty. However,upon partial prepayment,interest will contimre to accrue on any remaining Priactpal balance. Partial prepayment will rat affect the amount of due date of sutisWni scheduled payments on the loan,but may reduce the number of such payments. If ois bax ii.checked and Bbrmwer prepays the entire outstanding Principal amount of Oils loan daring the fust three(3)yean from the date of the loan,Leader may charge Borrowers prepayment penalty egirtl to a percentage of the'amouni prepaid as follows: for prepaymeni in full within one year of the date of-the lain,M.within two yew.-2%:and within three years,l%. Upon panda!prepayment,interest will cdatimm to.aacme on any remaining Principal batance. Partial prepayment will not affect the amaum or due date of'subsequent payments on rhe Ivan,but may reduce the number of such payments. Bom)w•er understands if the terms of this paragraph provide for a prepayment pemiry,such terms do not apply w a renewal or refinancing of this town by Lender,nor to the prepayment of this loan horn the proceeds of any loan made in the f tnre by Leader to Borrower. No prepayment charge wiil be callccted'if the loan is accelerated due to Borrower's default or Leader's exercise of any due on sick clause ii the Deed of•Trust securing this obligation. SECURITY: 'this loan is securcb by a liea'aguiast the real property located at 9 DM HND LARS SHIPPENSBURG PA 17257 See Mortgage or Deed of Trust for tunas applicable to Lead'er's interest is Borrowers rrat'propenlr(*Property.). INSURANCE: If Borrower purchases any immuence at Lender's offxe,Borrower undersmnds and acknowledges that(1)the insurance company may tee atrliared with Lender.(2)!:enders employees)may bean opal Cor the insurance company,(3)sash employees)is Or acting-as the agent,broker or fiduciary for Borrower onk this loan,but may be the•agent of the insurance company,and(4)Lender or the insurance company may real'Re.some benefit from the sAc.of that.msdrartee..If Borrower ftits•tn obtain or mdinaia any required kasurme or fails to designate an agent through whom the insursace'is to be obtained.Leader may purchase such requited insuntnee for Borrower through an agent of-Lender's choice,and the amotrms paid by Lender will be added to the ustpaid balance of the'loan. RETURNED CHECK FEES:Lender may chargee fee.not to exceed S 20.00.if a check.negotiable order of withdrawal or share draft is returned for imuffcieut-funds or insufficient credit. LOAN CHARGES: ifa law that applies to this loan and that sets maximum loan charges,is finally interpreted so that the interest-or other loan charges collated or to be•coUxred'ia eonnection with this loaa.exeeed'the permitted limits, then(i)any inch loan charge will be reduced by the annum necessary to reduce the charge to the permitted limit,and(u?any,sums already collected Gram Borrower that exceedod pertained limits will be refunded to Borrower. Lender may*choose to orate this,refund by reducing the primcitpnl owed under tbis'loan or by.®Icing a direct payment to Borrower. tf a refund reduces principal.the m6cdon will.be treated as a partial prepayment withttw any p�ymm cwge- DEFAULT: Borrower will be in default if be does out'make any scheduled paymem on time or fails to comply with the provisions.of any martgage•on the real property which secures this.loan. If Bofmwer,delisults. Leader may require Borrower to.repay the entirvurTaid Princlpal balance and any named interest at once. Lender's failure to exercise or.delay In exercising nay of its rights when defatdt•occtrs does rmt-constimre a waiver of-those or any other,tights under this agreement. Ai permitted by Pennsylvania Law.Borrower agrees to pay actual and reasombiratimmey'a fees,court case,and other.actual and reasonable costs iatuned in foreclosing.on the real property securing this loan. Borrower will receive written notice at least 30 flays prior to foreclosure.. LAW THAT APPLIES:Pennsylvania law and federal law,as applicable,govern this Disclosure Statement,Note and Security Agreement. If any pan is unanfarceable,this-will nen mike arty other put uneaftirceable.in no.evem Wrli Bontiwcr be required to pay interest of charges in excess of those permitted by law. Borrower,endorsors,sureties and guarantors.to the extent pencitted by law,severally waive their right to require lender to demand payment of ametu nts due; to give notice of amounts that have rat been.paid. to receive notice of any extensions of time to pay which Leader allows to any Borrower and to require Lender,m show particular.diligence in bringing suit against anyone responsible far repayment of this loan,.attd additionally, waive benefit of homestead and exemption laws now int force ci later enacted.including stay of execution and condemnation,an any property,securing this loan and waive the benefit of va(uatioa'and appraisemem. This Disclostme•Staterrtew.'Note and Security Agreement shall be the'joins end several obligation*fail maked..surredes..guamntors and eadorsers and shall he binding upon them,their heirs,successors,legal represeamlives and anlgns. If any pan of the Disclosure Statement,Note and'Securhy Agreement and.(f-applicable,the Martgage of Deed of.Trust andaccompanying lmmimdoo arAmouni I'manced is tmenferceabli.this will not make any other pan uaeataae able. RFFINANCING:The overall cost of refinartcing an existing loan balance may be.greater than the cost of"big the existing loan and obtaining a second toxo for any addhlonal funds Borrower wider to boirow. (Intentionally left blank) i i ��^^ Borrower's bti Ove,cti original (Branch) Copy (Custamar) �v/ Page 2 of 3 t JERRY R MYERS SR PATSY B MYW04/1'0/2005 ' AUTHORIZATION TO USE CREDIT REPORT: By signing below,Borrower au ltoriaEs Leaderto ubtaiu,review and use information contained in the Borrower's credit report in order to dcic mine whether the Borrower may qualify for products and.services offered by Lender. 7Tiis'auihod'Ion terminates when Borrower's auestanding balatge due under this Discloswe SraremeaL Now and Security Agrocmem is paid in-1411. Barrowermay cancel such authorirstiob as anytime by writing fie foUawucg:Transacdon Processhtg,300 St.Paul Place;BSPUA,Baltimore,MD 21202. In oTder to process Borrower's request,Lender must be provided Borrower's full name.address:social seinrity member and accoam number. The.fotlowing notice applies only if this box is checked. NOTICE ANY HOLDER OF'THIS CONSUMER CREDIT.CONTRACT-IS SUBJECT TO ALL' CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT•AGAINST'THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE.PROCEEDS HEREOF. RECOVERY HEREUNDER.BY THE DEBTOR'SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. By signing below. Borrower agrees to•the terms co °herein acimowledges receipt of a copy of this Disclosure Statement, Note and Security Agotemem and.if applicable,the Mangage or Deed tam of the accompanying Itemization of Amount Fhmnced,and authorises the disbursemeds ssaa�l therein. Wt NFSSES SI D: ,R,. -><►� ._..�.. . (Seat) -Borrower PATSY B 14YMW U -Borrower (Swl) -Borro%Tr C1TIE2WQLkL SERVICES INC. /LjJ} Y. arx}TMt ) 04/10/2006 14:56111 SECURITY INTEREST OF NONOBLIGOR:Borrower only is personally liabie.for paymeni of the loan. N000bliigor is liable and bound by all other terrors,conditions,covenants,and agreenleals coambied In this Disclosure Stnnxnem. Note and Security Agreement,including but not limited tie the right .and power of Lender in repossess and sell't)m Property securing ibis lana,in the event of default by Borrgcivrlrk paymem of flus loan. (Seal) (Seal) Signature Date Signature Date i C Oyer Sari^^' age Original (Branch) Copy '(Customer} Page,3 of 3 NOTE ALLONGE This indorsement is incorporated into and shall.be deemed,part of the Note to which itis attached. Loan Number*: REF IC *as of rhe date of This Note Allonge BorrowerName(s): JERRY R MYERS SR;PATSY 8 MYERS Date of Loan: 04/10/2006 Amount of Loan: $32,366.12 Property Address: 9 DEAD ENDIANE City,,State,Zip: SHIPPENSBURG PA 17257 Pay to the.orderof. CitiFinancia!Servicing LLC(a Delaware limited.liability company) Without recourse CFTIA Receivables(PA), c.Mik C Financlsl Services,Inc:(a Pennsylvania corporation) By: MARIVETTE OTT Vice President .MYEA9 ALLONGE EXHIBIT "D" a 70132250000133560549 Date:7/3112014 JERRY MYERS SR 9 DEADEND LN SHIPPENSBURG,PA 17257 RE:Property Address: 9 DEADEND LN SHIPPENSBURG,PA 17257 C1TIFINANCIAL SERVICING LLC Loan# .QCT 91 NOTICE TA A Cr]tp1 N TCS SANE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose.. Snecific 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 urogram 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. Fake this Notice with you when you meet with the Counseling Agencv. The name. address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice, If you have any Questions.you may call the Pennsvlvania Housing Finance Agency toll-free at(800)342-2397. (Persons with impaired hearing can call (717)780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may Also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ' � 1 J LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERE CHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JERRY MYERS SR PATSY MYERS PROPERTY ADDRESS: 9 DEADEND LN SHIPPENSBURG,PA 17257 LOAN ACCT.NO.: ORIGINAL LENDER: CitiFinancial Services,Inc. CURRENT LENDER/SERVICER: CITIFINANCIAL SERVICING LLC 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 YQU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE,YOU MUST RING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT"EXPLAINS HOW TO BRING YOUR KORTGAGE 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 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 HE89AP APPLICATION AS SOON AS POSSIBLE. 1F 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"TEMPORARYSTAY OF FORECLOSURE" YOU HAVE THE RICHT TO FILE A HEATAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EY£NTUALLYAPPROVED 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 PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can stilt apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Brine it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lenderon your property located at: 9 DEADEND LN SHIPPENSBURG,PA 172$7 1S SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/241-7013 through 12/2312013 1 a $244.001month 0 @$0.00/late charge/month $244.00 12/24/2013 through 8123/2014 8 @$332 25/month 5 @$33.23/late charge{month $2,824.15 TOTAL AMOUNT PAST DUE: $3,t}G8.15 W 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 53,068.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30)DAY PERIOD. Payments must be made either cash cashier's cheep,certified check or money order made payable and Lent to: CITIFINANCIAL SERVICING LLC 605 Munn Road Fort Mill,SC 29715 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 riehts to accelerate the morteage 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 morteneed pronerty. 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 attorneys' fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender,which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period., you will not be revuired to nav attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still }rave 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 viyine the total amount then past due plus am late or other charges then due reasonable att2Me '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 some position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL SERVICING LLC _Address: 6400 Las Cotinas Blvd. Irvine.TY 75039 Phone Number: $77-622-1611 EXT.0340787 7 am-8 nm CST TTY Services are also available. To access:Dial 711 from the United States or Dial 1-866-280-2854 from Puerto Rico. Fax Number: 866-7144160 Contact Person: Barbara Moore E-Mail Address: RECustomerservicenciti.com EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. Ifyou continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges,and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE.DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST, � u V HEMAP Consumer Credit Counseling_Agencies CUMBE)<.2LAND County Report last updated: 1/25/200 CCCS of Western PA 55 Clover Hill Road Dallastown PA 17313 888.511.2227/888.511.2227 CCCS of Western PA 114 N Hanover St Carlisle PA 17013 888.511.2227 Community Action Commission-Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 Harrisburg Fair Housing Council 2100 N 6th St Harrisburg PA 17110 717.238.9540 Housing&Redevelopment Authority-Cumberland Cnty 114 N Hanover St;STE 104 Carlisle. PA 17013 866.683.5907 1717.249.0789 Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 Pennsylvania Interfaith Community Programs,Inc. 40 E High St Gettysburg PA 17325 717.334.1518 c t 0 '• k: T � cr i. Er d _-r = ZT, Ln Ln N ♦. • O p p _ !� x In Ln mm m m m m Postage s ea Certified Fee C3 ., .....--- - © o � r� Q Eietum Receipt free Postmark G 0 (EndorsementRequked} Here t� Cl M Restriaod Demrery free r t,[) (Endorsamant Required) ru • ru rti ru fu ru Totai Postage&Fees $ m m m a A Sent 10 Q C3 C3 or PD Hoc Na i i 1 A 70132250000133560556 Date:7/31/2014 PATSY MYERS 9 DEADEND LN SHIPPENSBURG,PA 17257 RE:Property Address: 9 DEADEND LN SHIPPENSBURG, PA 17257 CI"flFINANCIAL SERVICING LLC Loan 9 AA 91 NOTICE TAKE ACTION N TO SAVE ](OUR HOME F',113M FORECLOSURE This is an official notice that the mortgage on your home is in defaul - and the lender intends to foreclose Specific in about the nature of the default is orovided 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 vrogram works. To see if HEMAP can help, ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Takeo this Notice with You when you meet with the Counseling Agency. The name address and Rhone number of Consumer Credit Counseling Agencies serving ' your County are listed at the end of the Notice. if von have any questions.you may call the Pennsylvania Housing Finance Agency toll-free at(800)342-2397. (Persons with impaired hearing can call (717)780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. i , a 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 HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PR#,STAMO 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): PATSY MYERS JERRY MYERS SR PROPERTY ADDRESS: 9 DEADEND LN SHIPPENSBURG,PA 17257 LOAN ACCT.NO.: ORIGINAL LENDER: Ciffinancial Services,Inc. CURRENT LENDERISERVICER: CITIFINANCIAL SERVICING LLC 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 OFTHE 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 tender may NOT take action against you for thirty(30) days after the date of this meeting. The names addresses and telephone numbers Qf 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. i w , 1 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 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 IVITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA IVITIIIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TE&IPORARIL Y 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 HEAIAP APPLICATION EVEN BEYOND THESE TlrtlE 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. s NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION 1N BANKRUPTCY: THE PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. i (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 OFTHE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 9 DEADEND LN SHIPPENSBURG,PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: H/2412013 through 1212312013 1 @$244.001month 0 cf?$0.00.'late charge/month $244.00 12/24/2013 through 8/2312014 8 @$332 25/month 5 @$33.231late charge/month $2,824.15 TOTAL AMOUNT PAST DUE: $3,068.15 i i A f I HOW TOCURE THE DEFA 14 LT-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 S3,06E.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30)DAY PERIOD. Payments must be made either by cash c tsh)er's check certed cheCl: or money order made nayable and sent to: CITIFINANCIAL SERVICING LLC 605 Munn Road Fort Milt,SC 29715 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 of this debt will be considered due immediately and you may lose the chance to pay the mortgage in outstanding balance 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 morteaeedprouertv.- 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 $5000. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender,which may also include other reasonable costs. if you cure the default wit the THIRTY f301 DAY nerio_dj you will not he reauired to pay 849rne 's fees, OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and revent the sale at any time 1!p to one hour before the Sheriff's Sale. You ma da sob a in the total amount then ch past due a)us any late or other arges then due reasonable attorney's fees and_costs connected with the foreclosure ale.a any other Costs connected with the Sheriffs Sale as specified en writine by the lender and by oerformrn>*any other reouirements under the mortcaee. Curing your default in the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-it is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wall. YOU may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTAt'TTHE LENDER: Name of Lender CITIFINANCIALSERVICING LLC Address• 6400 Las Colinas Blvd. Irvine,n 75039 Phone Number. 977-622-1611 EYT 0340787 7 am-.8 om CST TTY crviccs are also available. Te access. Dur1711 from the Uni ed States or Dial 1-866-280-20511 from Puerto Rica, Fox Number: 866-7114-41160 Contact Person: Barbara Moore E-Mail Address: RECustomerservice(akitLeom 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. r ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges,and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN. ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. # TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST. M J HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:1125/2013 CCCS of Western PA 55 Clover Hill Road Dallastown PA 173I3 888.511.2227 1888.511.2227 CCCS of Western PA 114 N Hanover St Carlisle PA 17013 888.511.2227 Community Action Commission-Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 Harrisburg Fair Housing Council 2100 N 6th St Harrisburg PA 17110 717.238.9540 Housing&Redevelopment Authority-Cumberland Cnty 114 N Hanover St;STE 104 Carlisle PA 17013 866.683.5907/717.249.0789 Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 Pennsylvania InterFaith Community Programs, Inc. 40 E High St Gettysburg PA 17325 717.334.1518 • `Q . Y Mil • oe tt 0 9SSD 9SEE 'GOOD DSC2 ET04 9550 9SEE TODD US22 ET04 F. a 9S50 9SEE 'GOOD •0522 ETO4 t eT VERIFICATION hereby states that he/she is employed as a Vice President — Document Control of CitiMortgage, Inc. Pursuant to an agreement, CitiMortgage, Inc., provides certain loan servicing activities to CITIFINANCIAL SERVICING LLC, the Plaintiff in this matter. I am authorized to execute this Verification on behalf of CITIFINANCIAL SERVICING LLC pursuant to the corporate resolutions of CITIMORTGAGE, INC. 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: Printed Name: Title: Vice-Pgresident-Document Control Date: -OCo 6e, O PLAINTIFF: ��`--' Sp�V LLCM a FILE#: 14-1380 NAME: MYERS,JERRY R. &PATSY B.