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HomeMy WebLinkAbout01-05052IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ASSOCIATES FINANCIAL SERVICES, n / INC.; a division of CITIFINANCIAL NO. UI -.SO.S~~, l..ru~l~~-i'~'~ SERVICES, INC. Plaintiff vs. CRAIG A. BRUNGARD CIVIL ACTION -MORTGAGE FORECLOSURE Defendant(s) 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and Objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 RAYM ND AJCZAN, ES4UIRE ATTORNEY FOR THE PLAINTIFF ATTORNEY 1. D. NO. 59752 612 MAIN STREET HELLERTOWN, PA 18055 (610) 838-7013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ASSOCIATES FINANCIAL SERVICES; ~-w`~`T~.~,,,-, INC., a division of CITIFINANCIAL NO. d1 - ..5~05~, SERVICES, INC. Plaintiff vs. CRAIG A. BRUNGARD CIVIL ACTION -MORTGAGE FORECLOSURE Defendant(s) NOTICIA Le hen demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dies de plazo at partir de la fecha de la demands y la notification. Usted debe presenter una apariencia escrita o en persona o pro abogado y archivar en la torte en forma escrita sus defenses o sus objeciones a las demandas en mantra de su persona. Sea advisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso 0 notification y por cualquier queja o afivio que es pedido en la petition de demands Usted puede pettier dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICiENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME PRO TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 49-3166 RAYMO D JCZAN, ESQUIRE ATTORNEY FOR THE PLAINTIFF ATTORNEY I. D. NO. 59752 612 MAIN STREET HELLERTOWN, PA 18055 (610)838-7013 RAYMOND C. MAJCZAN, ESQUIRE Attorney I. D. No. 59752 612 Main Street Attorney for Plaintiff Hellertown, PA 18055 (610)838-7013 ASSOCIATES FINANCIAL SERVICES, IN THE COURT OF COMMON PLEAS OF INC., a division of CITIFINANCIAL CUMBERLAND COUNTY, PENNSYLVANIA SERVICES, ING. CIVIL DIVISIONf ~~y~ Plaintiff NO. Ol - ,.S~C~S~ l:.~u ~1.~"' - ~ 1 vs. CRAIG A. BRUNGARD CIVIL ACTION -MORTGAGE FORECLOSURE Defendant(s) COMPLAINT Plaintiff, ASSOCIATES FINANCIAL SERVICES, INC., a division of CITIFINANCIAL SERVICES, INC., by its counsel, RAYMOND C. MAJCZAN, ESQUIRE, respectfully presents the following Complaint for consideration by Your Honorable Court: 1. Plaintiff, Associates Financial Services, Inc., a division of CifiFinancial Services, tnc. f/kla Associates Consumer Discount Company, is a lending institution which maintains an office for the conduct of its business at 7467 New Ridge Road, Hanover, Maryland 21076. 2. Defendant(s) Craig A. Brungard, is an adult individual whose last known address is 1015 Chippenham Road, Mechanicsburg, Pennsylvania 17050. 3. On December 15, 2000, Defendant(s), executed a Loan Agreement and Disclosure Statement, secured by a Mortgage executed by Defendant(s), upon premises hereinafter descriped, to Associates Consumer Discount Company, n/k/a Associates Financial Services, Inc., a division of CitiFinancial Services, Inc., in the amount of FiftySaThousand, SoQeen artd78/100($56,016.78) Dollars, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1658, Page 904. Copies of said Mortgage, Loan Agreement and Disclosure Statement are attached hereto, collectively marked Exhibit "A", and are intended to become a park hereof. 4. Said Mortgage has not been assigned. 5. The premises subject to said Mortgage is described as follows: SEE EXFf-BlT "B" ATTACHED HERETO 6. Defendant(s) is in default under the terms of said Mortgage in that he has failed to make payments for April, 2001, to the present, pursuant to said Mortgage as outlined in Paragraph Nine (9) below, and the Plaintiff does hereby exercise its right to accelerate the payment of debt and to demand payment in full thereon. 7. Combined Notice was mailed to Defendant(s) according to the provisions of Act 91 of 1983 and the provisions of Act 6 of 1974 on May 25, 2001. A copy of said Notice is attached hereto, marked Exhibit "C", and is intended to become a part hereof. 8. Plaintiff is entitled to be reimbursed for reasonable attorney collection fees incurred in the prosecution of the instant action pursuant to the terms in Exhibit "A" attached hereto. 9. The following amounts are due on account of said Mortgage as of August 23, 2001: Principal of Mortgage debt due and unpaid------------------------$ 56,016.78 Interest to and including 08/23/01------------------------------------$ 4,416.09 (Each day add Nineteen and 90/100 ($19.90) Dollars after 08/23/01) Costs to date -------------------------------------------------------------- $ 297.00 Attorney fees (anticipated and actual to Five (5%) percent of the principal)--------------------------------$ 2,800.84 TOTAL $ 63.530 71 2 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff demands Judgment against Defendant(s), pursuant to this Complaint, in the amount of Sixty-Three Thousand, Five Hundred Thirty and 71/100 Dollars ($63,530.71). together with interest at the contract rate from August 23, 2001, together with other charges and costs incidental thereto to the date of Sheriffs Sale and all costs of suit. DATED: *~ ~ ~~ RAYMOND AJCZAN, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 59752 3 VERIFICATION I, Meryl Kessler, Foreclosure Analyst, of (~SSo cru ~f S ~hQy cr a ', 4 c.ymrsroN c FCi~r r rhaNUa ~ ~rviCPS ~~ ,hereby verify that the statements made in the foregoing Complaint are hire and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: ~O? `( 0 ~ Sevvr cPS -~/~~ i ~ R^SE(iT f'. ZiECLER F;ECORO'::C GP DEEDS Gil!dDERI./.IdO COUNT'f-PA MORTGAGE ' DO DEC 19 Pfd 12 32 This Mortgage, entered into this 15 day of DECEbIDER , 2000 , behveen CRAIG A. BRUNGAAD and of TOWNSHIP OF HAMPDEN Taxndip) Commonwealth of Pennsylvania, herein called 'Mortgagors', and ASSOCIATES CONSUMER DISCOUNT COMPANY, a Pennsylvania corporation having en office and place of business at 3871 UNION DEPOSIT RD HARRISBURG .Pennsylvania, herein called'Mortgagee." WITNESSET 5 IOl 107gcure payment by Mortgagors of a Loan Agreement dated the same as this Mortgage in the sum of S . 6 6 t5 .together with Interest at the rata elated in the Loan Agreement, Mortgagors do by these presents sell, grant and convey to Mortgagee, ALL the following described real estate situate in the TOWNSHIP of HAMPDEN ,CountyotCUMBERLAND , Commonwealth of Pennsylvania, described as follows: (Inert descipGan of mntgpged pramives kam Matgegare' Dead) LeealDmerlotlon ~ , All that certain pazcel of land situated in HAMPDEN•TOWNSHiP being ]mown s9 1015 CFIIPPENIiAM RD, HAIvfPDEI~ TOWNSI-IIP. end being more fully described in Daed Book D35 Page 267 recorded on 05/30/1991 among the land records of CUMBERLAND County, PA TOGETHER with all the buildings and improvements thereon and additions end alterations thereto, including all alleys, passageways, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or appertaining, herein called the Mortgaged Premises, TO HAVE AND TO HOLD the Mortgaged Premises hereby granted and conveyed unto Mortgagee, to and for the use end behoof of Mortgagee, its successors and assigns, forever. Unless prohibited under stale law, as additional security, Mortgagors hereby give to and confer upon Mortgagee the right, power, and authority, during the continuance of lhls Mortgage, to cotlect the rents, issues, and profits of said property, reserving unto Mortgagors the right pdor to any default by Mortgagors in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Mortgagee, upon giving written notification to the Mortgagors or their successors, etc., may either fn person, 6y agent, or by a receiver to be appointed 6y a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name, sue for or otherwise collect such rents, issues and profits, including those past due end unpaid, and apply the same, less allowable expenses of collection of such rents, issues and profits, and the application thereof aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. The provisions appearing on pages 2 end 3 ere a part of this Mortgage. ~ at Paget ~ ~'~- fk~ OpIGINAL (1) pi usz nEY.rm aONNOWEfl COPY (1) ~ apnpa.oa aETENnON COPY (i) <ibUK16SBPACE 904 ~x~~b~f, f~ f r Addltlonal proWslons referred to on pages 7 and 3 THIS Mortgage is made subject to the following conditions, and mortgagors agree: T . Mortgagors will make all payments on the due date (hereof and pertorm all other obligations as required or provided herein end in said loan Agreement 2. Mortgagors will pay when due all taxes and assessments levied or assessed against said premises or any part thereof, and will deliver receipts therefor to the Mortgagee upon request. 3. Mortgagors will keep the improvements now ex(sting or hereinafter erected on me premises insured against loss or damage by fire antl other hazards and perils included within the scope of a standard extended coverage endorsement, and such other hazards as Mortgagee may require, in such amounts and for such periods as Mortgagee may require, and In an insurance company or insurance companies acceptable to Mortgagee. All insurance policies and renewals shall designate Mortgagee as mortgage loss payee and shall be in a form acpeptable to Mortgagee. Mortgagors hereby cooler full power an Mongagee to Seale and compromise all loss claims on all such policies; to demand, receive, and receipt for all proceeds becoming payable mereunder; and, at Mortgagee's option, to apply same toward either the restoration or repair of the premises or the payment of me Loan Agreement. Any application of such proceeds toward payment of me Loan Agreement shall not extend or postpone the due dale or monthly instaiimenls due under the Loan Agreement. If Mortgagors fail to pertorm the covenants and agreements contained in This Mortgage, incuding, without limitation, covenants to pay taxes, procure insurance, and protect against pdor liens, Mortgagee may at its option, but shall not be required lo, disburse such sums and take such actions necessary to pay such taxes, procure such insuance, or omerwdse to protect Mortgagee's interest. Any amount disbursed by Mortgagee hereunder shall be an additional obligetlon of Mortgagors secured by this Mortgage. Unless Mortgagors and Mortgagee agree otherwise, all such amounts shall be payable immediatey by Mortgagors upon notice from Mortgagee to Mortgagors, and may bear interest Irom.me date of disbursement by Mortgagee acme lesser of me Agreed Bale of Interest stated in the Loan Agreement or the hlghesl Interest rate permissible by applicable law. Naming contained In (his paragraph shall require Mortgagee to incur any expense or take any action whatsoever. ® 4. Mortgagors wvill neither commit nor suNer any skip, waste, impairment or deterioration of the mortgaged premises, and will maintain me same in good order end repair. 5. In the event the Mortgagors sell, agree to sell, convey, assign or alienate the Mortgaged Premises, all obligations secured by this Mortgage shall hecome due and`payable at me option of the Mortgagee. 6. In the event the Mortgagors default in me making of eny payment due.and payable under said Loan Agreement, or in me keeping and pertormanca by Mortgagors of eny of me conditions or covenants of This Mortgage or said Loan Agreement, Mortgagee may foMwim bring an Action of Mortgage Foreclosure hereon, or institute omer foreclosure proceedings upon this Mortgage, and may proceed ' ~ to judgment and execution to recover me balance due on said Loan Agreement and any other sums (hat may 6e due mereunder, including atlomey fees of 15% of me balance due and payable on said Loan Agreement, costs of suit, and costs o} sale togemer with interest alter judgment al the rate charged under the terms of me Loan Agreement. BUT PROVIDED ALWAYS, that it Mortgagors do pay ar cause mis Mortgage and the debt hereby secured to be paid in full on the day and in me manner provided in said Loan Agreement, men mis Mortgage and the estate hereby granted shall cease end determine and become void, anything herein to me contrary notwithstanding. The covenants herein contained shall bind, and me benefits and advantages shall inure to the respective heirs, executors, adminisVators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, me plural the singular, and me use of any gender shall be applicable to all genders. Page 2 ORIGINAL(1) of X552 REV. rm BORROWER COPY (1) u0lricOi RETENTION COPY (i) -:. 1~~. h~ rsguKl E58 tact: 9G5 M1 Y Addltlonal provlalons referred to on pages 1 end 2 Payment of this Mortgage is subject to the terms and conditions of said Loan Agreement of even date between Mortgagors and Mortgagee. IN WITNESS WHEREOF, the said Mortgagors have signed this Mortgage with seal(s) affixed, an the date first above written. ~ (SEAL) Signed. Seaied end Delivered i~ a of: CRgBG A~ BR 1GARD (BEAU (sEAu COMMONWEALTH OF PENNSYLVANIA ~ SS. COUNTY OF DAUBHIN 2000 ,before me, a 15 day of DECEMBER On this J , Notary Public, came RAIG A. BRUNGARD Mortgagor(s) above named, and acknowledged the within Mortgage to be HISHIS FRS-act and deed, r,nnno,,;... and desired the same to be recorded as such. i'(tA Alf MV ~' WITNESS my hand and seal the day and year ato `e~_s$~a-C Notarial Seat PauP R. Pednl,lll, NoNary Pudb Lower Paxtod TwP., Oabphln Qounly My Commlsslon plres Nov.1, 2004 Membsq PerinsyNenle.usodeuo" of NaedeCERTIFICATE OF RESIDENCE I, MELODY E. ~OAKLEY of Associates Consumer Discount Company, Mortgagee named in the foregoing Mortgage, hereby certify that the address of said Mortgagee is 8 1 UNION DEPOSIT RD ,~ HARRISBURG ,Pennsylvania. WITNESS my hand, this l~day of DECEMBER .2000 i% %J ~ ~~/.~~,, --~ ~fmnr MOMma Page3 oRmmu(t) BORROWER DOPY (TI RETENTIONCAW(1) .-.: . ;, ,r.s,/;,,3nia ll ~-r .. ~~;o ~:: ia~;dl ,,; ,,;, •_r. ;.;ir,E rrt Ihr, recording of Deeds ,I I:md CnunPl. ~~ `~ ~~-----~~~ m ,.,n, al of offi ~ O~ ,rl Flo , >IOOK:658 Tact: 9G6 Recor er `~~~` ~. Loan Agreement LENDER: A580CIATES CONSUMER DISCOUNT COMPANY PENNSYLVM4rt mlEV tsT UananoE r alD NOmt1AGE DVER~0,000 f VARIABLE - FIXED RATE -BALLOON 0988 3871 UNrON D£POBIT RD F3ARRISBt1RG PA eaAVCr, sm oaess mnAxo srAre rixnxrxsew ae wu,urz RWLn11ENlMR uwFn Re Mroer nm t 030061'8 12/15/00 O1/Ol/11 .00 ewwiwa trm sRmaRSm s~wxum siNraes]ut s nI•alwt.Rwst ~ BRUNGARD, CRAIG A 0.00 1631.55 44438.81 46070.36 1015 CH IPPENHAM RD O1FDrtL1EB°^°" ' °EOR'A""a"°' 0 ' .,nunmx~AOmt r 54385 23 MECRANICBBURG 3680.00 .0 . PA 17050-2196 ,"' , mxsu aweeat.m•m'm mruos Mnemsal~m ' .00 56016.78 100455.59 W%NCME1118KIFE1 WBCWG'M1W laaa MifMYIfNIMIE 02 /O1/O1 _ flNANCE CMABGE "I", "me" and'my" refer to the Borrower(s) and Co-Borrower(s) named above. "You°antl "your refer to the lender named above. REPAYMENT I promise to pay you at your office, the principal balance together with interest figured at the Agreed Rate of Interest checked below until fully paid. I will pay principal and interest by making payments each month. I will make my payments as set forth in the Payment Schedule. Payments will be made every month beginning on the first payment date stated above until the loan is fully paid. If there is no such date in any month that follows, payment will be made on the last day of that month. My monthly payments will be applied to interest before principal. If I still owe amounts under this Note on the maturity date, I wilt pay these amounb in full on that date. PAYMENT Monthly Payment(s) in the amount(s) shown below will be due as shown below, (For Vadable Rate Loans, this Schedule SCHEDULE may change) $ 1057.27 beginning on 02/01/01 ;followed by $ 835.28 beginning on 03/01/01 ;followed by $ S.00 beginning on 00/00/00 ;followed by $ 5.00 beginning on 00/00/00 ;followed by $ 5.00 on 00/00/00 . AGREED Whichever bones are checketl, the corresponding provision applies. RATE OF INTEREST FIXED RATE: ~ The Agreed Rate of Interest on my loan is 12 .97 % par annum. DISCOUNTED ^ The Agreed Rate of Interest on my loan is % per annum. However, for the first payment periods FIXED BATE: of my loan term, the Agreed Rate of Interest will be %. VARIABLE ^ THIS IS A VARIABLE INTEREST RATE LOAN AND THE AGREED RATE OF INTEREST WILL INCREASE OR RATE DECREASE WITH CHANGES IN THE INDEX. The Index is me'Bank Prime Loan Rate" published in the Federal Reserve Board's StaGstidal Release H.15. The Agreed Rate of Interest is determined by me sum of the Index plus a margin. CURRENT The Index as of the last business day of is %, my margin is %, therefore my current RATE: Agreed Rale of Interest 15 % per year. My Agreed Rate of Interest is subject to change when the value of the Indaz changes as se[ form below. The rate cannot increase or decrease more than 2% in any year. In no event, however, will me rate ever be less man % per year nor more than % per year. MONTHLY ^ The Agreed Rate of Interest is subect to change the 15th day of every month A me Bank Prime Loan Rate, as RATE of the last business day of the preceding monm, has increased or decreased by at least 1/4 of a percentage CHANGE/ point from the rate for me previous monm. Adjustments in the Agreed Rate of Interest will be given effect by ANNUAL changing me dollar amounts of the remaining monhly payments in me monm fallowing me anniversary date of PAYMENT me loah antl every 12 monhs mereafter so Nat me total amount due under this Loan Agreement will be paid by CHANGE me final payment dale, excluding any balloon payment, if applicable. Lender waives the right to any interest rate increase after me last anniversary date prior to the last payment due dale of the loan. The rate will not change before me First Payment Due Date. SEMIa1NNUAL ^ The Agreed Rate of Interest is subject to change on me sbrth payment due date and every sam month RATE CHANGE/ thereafter if me Bank Prime Loan Rate, as of me last business day of me month preceding the previous monm 9EMI~ANNUAL has increased or decreased by at least 1/4 of a percentage point hom me rate for me previous six month PAYMENT period. Adjustmenta in me Agreed Rate of Interest will be given effect by changing me dollar amounts of me CHANGE remaining monthly payments on me sixth payment due date and every sixm months mereafter so mat me total amount due under mis Loan Agreement will be paid by me final payment date, excluding any balloon payment, if applicable. DISCOUNTED ^ However, until my sixth payment due date, my Agreed Rate of Interest is tliscounted and will be % per RATE (APPLIES year. ONLY TO LOANS SUBJECT TO Beginning with the sixth payment due date, the Agreed Rate of Interest will be determined by adding the margin SEMI-ANNUAL to the Indaz as of me last business day of the month preceding the previous month and my payment vnll CHANGES) change. Thereafter, the Agreed Rate of Interest and payment will increase or decrease on the twelfth payment due date and every six months thereafter as statetl in the paragraph immetliately shove Page 7 of 2 NOTICE: See other side for additional loan terms. ORIGINAL ry) I 6EEA8 R~ ~.;CO (BORROWER COPY t1) W9FA.'< ~LO-BORROWER COPY (p AFTER I agree to pay in. ~ attar maturity at the Agreed Rate of Interest. MATURITY INTEREST DEFAULT I will be in default O I fail to pay any payment or part of a payment on time or if I fail to comply with any of the terms of the Real Estate Mortgage on me real estate given as security for this loan. If i default, you have me right to declare Me enure unpaid amount of my loan immediately due and payable witheut giving me notice or asking me to pay. If this loan agreement is secured by a mobile home, I will be given a notice of right to cure a default if I am entitled to Utia notice. If you declare the balance of my loan due end payable, you have the righb and remedies provided for in the Reel Estate Mortgage that secures this loan, including the right to require me to pay any deficiency. ATTORNEY I agree to pay reasonable attorney's fees, O this loan agreement is referred for collectlon to an attorney who is not FEES your salarietl employee. BAD CHECK If any check or instrument given as payment on this indebtedness is tlishonored, I agree to pay a service charge CHARGE of $20.00. PREPAYMENT I have the right to make prepayments of principal at any time. When I make a prepayment, l will tell you on my payment coupon. All prepayments will bs applied to applicable charges with the remainder to principal. H I make a principal prepayment there will be no changes in the due dates or changes to the amount of my monthly payment unless you agree in writing to those delays or changes. 141 prepay in full, no part of the prepaid finance charge will be refunded. PREPAYMENT If the original principal amount of this loan is in excess of 350,000, the following provision applies: PENALTY It en amount in excess of 20% of the original principal balance is prepaid in any 12-month period within 5 year: al the loan tlate, I agree to pay a prepayment penalty in an amount equal.to a months interest on the amount prepaid in excess of 2096 of the original principal balance. This prepayment penalty applies regardless of whether prepayment Ls voluntary or involuntary (even O it results hom your acceleretion of the tlebt in me even) of my nonperformance of any of the terms of the note or deed of trust). However, this provision shall not apply if I prepay the loan in full with the proceeds of another loan hom you or one of your affiliates. DELAY IN Vou can delay enforcing your rights under this loan agreement without losing them. If I default in complying with ENFORCEMENT any of the terms of my loan and you do not declare the loan balance immediately due end payable, this does not mean you cannot do so in The future d I default again. SECURITY I give you a Real Estate Mortgage dated the same as This loan agreement la assure payment of my loan. I agree FOR THIS to pay the actual costs you incur in recording a release or satisfaction of Otis security insaument when my loan La LOAN paid in full. ARBITRATION The parties have on this date entered into a separate Arbitration Agreement, the terms of which are incorporated herein and made a part hereof by reference. The following Notice is applicable if the proceeds of this loan are applied in whole or in substantial part for the purchase of goods or services hom a seller who 1) refers consumers to the creditor, or 2) is affiliated with the creditor by common conVOl, contract, or business arrangement. NOTICE ANV 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 PROCEEDff HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. If this is a first mortgage loan the Alternative Mongage Transaction Parity Act of 1982 and the Federei Depository Institutional Deregula- tion and Monetary Control Act of 1980 governs cenain provisions of this loan. If this is a second mortgage loan over 350,000, the Alternative Mortgage Transaction Parity Act of 1982 governs certain provisions of this loan. I acknowledge receipt of a completely flledtin copy of this loan agreement. ,wrp=_ssl /r/' ~1-- ~eaeAawEe1 taoeAOw=-et Page 2 of 2 r;. Y aenn= ^czra~s PENNSYLVINA /' DISCLOSURE STATEMENT ~ uomTaan~~lovFxssaaoo r vusne~-Pxa:o IulE-euLOOx BORROWER (Called you" or "yourh LENDER (Called "we" or'us'~ BRUNGARD, CRAIG A ASSOCSATES CONSUMER DISCOUNT COMPANY 1015 CHIPPENHAM RD 3871 UNION DEPOSIT RD MECHANICSBURG PA 17050-2196 HARRISBURG pA 17109-5920 CO-BORROWER; DATE OF LOAN ACCOUNT NUMBER 12/15/00 0300618 ANNUAL FINANCE Amount Total of PERCENTAGE CHARGE Rnanced Payments RATE The tldlar amount Ne The amount d aedt The amount you vdll here The msl of your aedd vnll oust you. proWtled to you a an paid oiler you have made all ae6t as a yearly rate. your behalf. payments as scheduled. 13.71 % $ 46070.36 $ 54385.23 $ 100455.59 Your Payment Schedule will be: Number of Pa menLs Amount of Payments Whan Payments Are Due $ $ I~ $ VARIABLE RATE: If this is a variable interest rate loan, this transaction has a variable rate feature for which variable rate disclosures have been provided earlier. PREPAYMENT: If you pay off early, you ©may ~ will not have to pay a penalty. You will not be entitled to a refund of the ~prapaW finance charge. SECURITY: ® You are giving a security interest in your real estate located at: 1015 CHIPPENHAM RD MECNANICSBURG PA ~ You are giving a security interest in the real estate being purchased and which is located at: ASSUMPTION: If this loan is a purchase money transaction, someone buying your home may, subject to conditions, be allowed to assume the remainder of the mortgage on the original terms. See your contract doduments for additional information abput non-payment, default, any required repayment of your indehtedness in full hefore the scheduled tlate, prepayment refunds and security interests. -INSURANCE: Credit insurance is not required to obtain this loan and will not be provided unless you sign below. Insurance provided by Ne Creditor may be issued by an affiliatetl company which expects to profit from this insurance. TYPE TERM OFINSURANCE PREMIUM SIGNATURE 120 months, beginning I want single credit life insur e. .Single Credit Life Insurance on the Ettecfive Date of $ 3680.00 ' Insurance We ant jointo Igor credit life insurance. months, beginning Joiht Obligor Credit Life Insurance on the Effective Date of $ $.00 Insurance months, beginning I want credit accitlent and healm insurance. Credit ACCitlent and Health Insurance onon the Effective Date of g $ , 00 Insurance Involuntary Unemployment Insurance months, beginning on t e EHec6ve Date of $ $, 00 I want involuntary unemployment insurance. Insurance CANCELLATION OPTION: Vou may candel all, but not part of, credit insurance coverages on this loan by returning Ne credit insurance cenificates-lo the office where iha loan was made. The unearned cretlit insurance premium will be credited to your account. If cancellation occurs within 15 days from the above date, the entire credit insurance premium will be credited to your account. Even though a credit is made to your account because the credit insurance is cancelled, you will still be obligated to continue making payments on your loan as scheduled. NOTICE: SEE OTHER SIDE FOR ADDITIONAL PROVISIONS. I have received a copy of this statement. ~~ / ~ eOBR _q ~_ I~-GO OAiE ORIGINAL (1) , eaene Rw.:occ ~~BOflROWER COPY n) xnrn.la CC~RORROtVERfpev In '~ ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot #212, ICingswood, Phase II, as recorded in Cumberland County Plan Book 55, Page 93, more particularly bounded and described as Follows, to wit: BEGINNING at a point on the West side of Chippenham Road, said point also being a distance of One Hundred Twenty-Five feet North (125.00') of the intersection of the North side of Dorset Drive and the West side of Chippenham Road; thence by the line of Lot No.198 South Eighty-Two degrees Fifty-Three minutes Twenty-Two seconds West (3 820 53' 22" W) a distance of One Hundred Twelve and One One-Hundredths feet (112.01') to a point at line of Lot No. 199; thence by same North Twenty-Eight degrees Fifty-One minutes Thirty-Five seconds West (N 260 51' 35" W) a distance of Ninety-Five and Thirty-Four One-Hundredths feet (95.34') to a point at line of Lot No. 211; thence by same North Sixty-Six degrees Twenty-Eight minutes Thirty-One seconds East (N 660 28' 31" E) a distance of One Hundred Forty-Two and Ninety-Seven One-Hundredths feet (142.97') to a point on the West side of Chippenham Road; thence by same and a curve to the right having a radius of Two Hundred Fifty feet (250.00') an arc length of Seventy-One and Fifty-Eight One-Hundredths Feet (71.58') to a point; thence by same South Seven degrees Seven minutes Fifteen seconds East (S 070 07' 15" E) a distance of Fifty-Eight and Thirty-Five One-Hundredths feet (58.35') to the place o£ Beginning. CONTAINING 14,246.40 square feet, and being known and numbered as 1015 Chippenham Road, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated November 9, 1988 and recorded November 10, 1988 in Cumberland County Miscellaneous Book 356, Page 1095. UNDER AND SUBJECT, Also, to all easements and restrictions of record and as set forth on the recorded plan described above. UNDER AND SUBJECT, Also, to an easement five feet (5') in width on the inside o£ the front property line for an underground stone trench to carry drainage waters alongside and under Chippenham Road From the lot line between lots 222 and 223. THE access easement for the Homeowner's Association between Lot No. 220 and Lot No. 221 as shown on said plan has been eliminated in favor of a 10 foot (10') bike path easement to Hampden Townshp centered on the lot line between Lot No. 220 and Lot No. 221. THE Recreation Area shown on the Final Plan o£ Kingswood, Phase II, as recorded in Cumberland County Plan book 55, Page 93, will be eliminated and developed as building lots. BEING the same premises which Pamay Development Co., Inc., a Pennsylvania corporation, by Deed dated May 22, 1991, and recorded on May 30, 1991, in Deed Book D, Volume 35, Page 267, Cumberland County Records, granted and conveyed unto Craig A. Brungard. /- TAX PARCEL NO. 10-16-1056-162. G V~ ~ 6~' f (t ~ 'r L 50000 8154330. Da~~ MAY 2s, zoo> 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 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 30 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 DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENTGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR 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 HlPOTECA. HOMEOWNERS NAME(S): cxAlc A. BxurrcAxn PROPERTY ADDRESS: loss CBIPPENHAM xoAn, MECAANICSBURG PA 17050 ~` '~ LOAN ACCT. NO.: 200287 ORIGINAL LENDER: AssoclATSS corrsvMEx olscourrz cor~Arnr CURRENT LENDER/SERVICER: cITIFIxAMCIAL IMC. Page 1 of 6 f085 8/99 ~.. Bon ower's Name and Address: CRAIG A. BRUNGARD 1015 CHIPPENHAM ROAD MECHANICSBURG PA 17050 Account No: 200287 Firs* Clas~,r:`ail Certified, Return Receipt Requested Lender's Name and Address CITIFINANCIAL INC. 3401 HARTZDALE DRIVE, STE.126 CAMP HILL PA 17011 Date: MAY 25 , 2001 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CitiFinancial "we" "us" or "ours") on your property located at 1015 CHIPPENAAM ROAD, MECHANICSBU (hereinafter, PA 17050 IS IN SERIOUS DEFAULT because you have not made the regular monthly payments of $ 835.28 for the months of APRIL. MAY 2001 ,and/or uvcuusc - ... w / e .----- .___- -- Late chazges (and other charges) have also accrued to this date in the amount of $ The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1670.56 You may cure this default within THIRTY (30) days of the date of this letter, by paying to us the above amount of $ 1.670.56 ,plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: CITIFINANCIAL INC. 74Q] AART7TIATF TIRTVF CAMP HILL PA 17011 SUITE 126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will "`~= be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attomey's fees even if they aze over $50.00. Any attomey's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Inc. f086 I of 2 8/99 We may also-sue yoc'_ orsonally'for the unpaid principal balac~.~ and all other sums due under the mortgage. If you have not-cured the default within-the thirty 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 Sherds foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney s fees and costs connected with the foreclosure sale and performing any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately JULY 25 , 2001 A notice of the date of the Sheriffls 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 will be by calling us at the following number: 717 737-0431 This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff s sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you aze not entitled to this right to cure your default more than three times in any calendar year. ~~~ :~ 1086 z otz 8/99 <~ax (_, ~~ 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 PROVISION 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. During that time . __. ;~~~ ~ mi pct -arranne and attend., a_°face-to-face" meeting _with one of the consumer counseling _. - •--~_ agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE'NEXT- - ~- (3U) DAYS. 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 your 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.) If you have tried and are unable to resolve this problem with the lender, 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. Your application MUST be filed or postmarked within•..- ~ (30) days of your face-to-face meeting. Page 2 of 6 f086 8/99 ~ -' i; .- YOU-MUST FILE YOUR APPLICATTION PRUMPTLY. IFYOU FAIL TU DO SO 0R IF YOU DO NOT FOLLOW 'THE OTHER TIME- PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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 I BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIO PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLEC THE DEBT (If you have filed bankruptcy, you can still apply for Emergenoy Mortgage Assistance.) HOW TO CURE YOUR INUfZ FCiAGt utP=Flui=T ("es~'ing ii op iv uniej. - -- -- -- NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender on your property located at: 1015 CAIPPENHAM MECHANICSBURG PA 17050 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: APRIL: $835.28 MAY: $835.28 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $1,670. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): ~. N/A `` '~ 3 page 6 1085 8/99 ,:. HOW TO; CURE THE DEF~t `-!.Ti You may cure the default withir~~.iIRTY (30) DAYS of the date of this notice. BY PAYINu' THE TOTAL AMOUNT PAST DUE Tt7-THE LENDER; VHICH IS $1:670.56 ,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: CITIFINANCIAL INC. 3401 HARTZDALE DRIVE, STE.126 CAMP HILL PA 17011 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable,) N/A 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 --• ---a- ~.;«.:.. Two-rv i~n> nnyR_ tha lontiar also ---• iu(I paymeni: of iiie iuim cui~u~u Naas ~~ ~~ nvt U,GYY ,..,~,. ,__, _..._, . 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 attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomeys fees that were actually incurred, up to $50.00. However, if legal proceedings an: started against you, you will have to pay all reasonable attomeys fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES: The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE: If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomeys 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. Page 4 of 6 f085 B/99 C" ~ m r~-f ,x C~ '- ~~ ~ ~- L1 3 ~ 3~ !u u (/r~~ lµ '.» ~ ` . ~_ _ __ C;`."r C. s, ~ .t a u d T r- G -;. ~ _ _ .. b ° %. N y C C3J c M_ ~ O N ~ ~--~ o ' p A 6. ~ .~ ~=.N ai ^y O {fir Q `o O LL r CV r ~ • ~ ~ V ~ (6 6 ~ ~ W d ~ .~ J _ ~ ~ ~ _ (0 ~ i ~ ~ ~ ~- ¢ ~ ^ ,^ ~~ V! LL d,~wx ~ ~, o o m ~ C (6~ N (6 O N o ~ N L C ^~oa (p x (" .ti=.~) - ~_d G:3 m Jpp( ~ IL ~tl)S~\~; ~L ~'~~r;,~=; -- --.. F c' ~+,. //:a ~~^~ ~ c rz ~~f '4 Y~~ N ZI ~~ Y ~ ~ ~ v J ;; W 3~, ~~"' ~ U ~ p Q~~^ ~ ~'.~ a ova ~o~ ~~~ a y„ C c~tl a O U ~ M' F, m ~ ~ ~ C y ~ r. W ~ ~ O A~ y ~ V W W ~ a on ~Ibz `~ ~N'"p a~U~~~ W m ti x __ ~., EARLIEST POSSIBLE,SHERIFF'S SALE DATES dt is estimated=that fhe earliest date that such a Sheriffs Sale. of the mortgaged property could be-held would beapproximately 2` 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 INC. Address: 3401 HARTZDALE DRIVE, STE.126 CAMP HILL PA 17011 - _, Phone Number: 717-737-0431 Fax Number: 717-737-1456 COntaCt PerSOn: GREGORY P. LIEBERMAN __ _ ~ .._.. _~_..~., ..i:-,. ~ti..a ~ chgri#`c_ Qola utill and vtii it . tt'r Cl.lj Vi? S~ncnirr~a uF:L~:-.._°., vu oiwu.u ~..... ,~.. .. - .. ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE: You $ may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF 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. Page 5 of 6 Po85 8199 ~ e ._ CONSUMER-CREDIT COUNSELING AGENCIES SERVING-YOUR COUNTY Attached is a list of all counseling agencies for the county in which the property is located. Enclosure: List of Consumer Credit Counseling Agencies "'b4 ~ Page 6 of 6 fo85 8/99 -~ Consumer .edit Counseling Agencies - Cumberlar.:~County CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Hamsburg, PA 17102 (717)541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg; PA 17101 (717) 234-5925 FAX # (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 FAX # (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Cazlisle 301 G Street Cazlisle, PA 17013 (717) 243-3818 FAX # (717) 731-9589 Adams County Housing Authority 139 - 143 Cazlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX # (717) 334-8326 v~i `~ f143 3/2000 ~ ~~ ~ '69. z `b e Ut ~ C ~ ~ ~ ~ r~ - r~ ~:, ;: = ., < <_; - '. Padf'swe~k _. _. .mac°srn;...... .... 963w,, 3{~, t. ~x., ,.._._,... ..r.,,, r vs+.xr+ m. _~i~' w. ~, ate, SHERIFF'S RETURN - REGULAR CASE NO: 2001-05052 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES FINANCIAL SERVICES VS BRUNGARD CRAIG A ROBERT L. FINK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BRUNGARD CRAIG A was served upon DEFENDANT the at 0020:45 HOURS, on the 4th day of September, 2001 at 1015 CHIPPENHAM ROAD MECHANICSBURG, PA 17050 CRAIG BRUNGARD by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.15 Affidavit .00 Surcharge 10.00 .00 35.15 Sworn and Subscribed to before me this /3~-` day of .~1 a=6= . o2lgj/ A.D. 0 rothonotary So Answers: ~ i ~Q R. Thomas Kline 09/05/2001 RAYMOND MAJCZAN By~~~ ~~ e~txty Sher