HomeMy WebLinkAbout12-3272CUMBERLAND VALLEY HABITAT
F -D!'-: HUMANITY, INC.,
Plaintiff
k?L ''HY MILLER-SMITH
Defendants
COURT OF COMMON; `'_i=AS OF
CUMBERLAND '. '?! 1hz PA
N 0.
CIVIL ACTION,
NOTICE
You have been sued in court. If you wish to defend agairis- tr - airns set forth in
t') following pages, You must take action with n twenty (20) cav< 4aft:4 this complaint
an-:' notice are sensed, by entering a writter apaearance personally Dy attorney and
flinlq i-i writing with the court your defenses or objectiors to the ciair-,:, e- forth against
y:r... You are warned than: if you fail to do so the case may procee+i w!tnout you and a
j?-iciglment may be entered against you by the court without further r?::tr for any money
clairned it the complaint or for any other claim or reliet reques'red ?Pi, Diaintiff. You
rr a,,' lose money or property or other rights important to you
YOL SHOULD TAKE THIS PAPER 71") YOUR L , WYER /Jt IF YOU DO
NC; .'. HAVE A LAWYER. GO TO OR TELi=PHONE THE OFFIC W. S11 F ORTH BELOW
S OFFICE CAN PROVIDE YOU WITH INE-ORMA1? IOR L?? .1,1 HIRING A
! a1?UYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS MAY BE ABLE
PROVIDE YOU WITH H INFORMATION ABOUT AGENCIE=::> I,L`4 i MAY OFFER
I_F SAL SERVICES TO ELIGIBLE PERSC>NS AT A REDUCED F "? NO FEE.
Cumberlanc County Bar Asscciatior
32 South Bedford St
Carlisle, Pennsylvania
Telephone numbE-r (7"7) 24L-310E
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,IBI?I:i_ ?t??I:? VALLEY f{AB1T?'??'?
W I It IIAN,I I N . INC_
11laint;.ff
k . ;_r ? \1111 _ FIR-9/11'1711
111\"! I" W CI )N 1 1;
Defendants °_';?'Il i?:'TIO?:
C'r)MPI DINT
Plaintiff. Cumberland Valley Nabit,at for Humani°y, Inc:;.. ic? F! i isylvania non-
p"'o t ;orporation with a mailing address n' 3c Heisers Lane =;i= Pennsylvania
7„15 (hereinafter "Plaintiff"',),
Defendant, Kathy Miller-Smith aisc known a? Kathy 'vtiiler. is an adult
1r1c,v,k+idua1 residing at 40 West Baltimore Street. Carlcslr= 3 (hereinafter
)-Pendant ')
Defendant is the oNner of the real property sutject t tot- ---,-artclage described
`nr
Cn or about September 23. 1999. in t.onside-ation ofh- ?i' c idebtedness to
Pla,ntiff in the amount of Forty Seve?i Thousand Eight Hundre,f Eighty dollars
880.00). Defendants made, executed and delivered tc:> F'laiwiff their promissory
r o in favor of Plaintiff, ire the arnount o Forty Seven --housanc t v:tyr1 Hundred Eighty
coll.rir?: (847.880.00) (the "Note").
As security for the performance their obligations unde, ':riE, Note. Defendant
rra:;ie executed and delivered to Plaintiff a mortgage upon the real P'C perty located at
4. ,Nest Baltimore Street. Carlisle, Pennsylvania (the 'Mortgagcz ?.,vrich Mortgage is
r.?(, Arced in the Office of the Recorder of Deeds of C imberland : ty in Mortgage
Fcok 1572 Page No. 15. A true and correct copy of the MortgagE,- ,; rtttached hereto
rya!-.:ie a part hereof and marked as Exhibit "A."
s The Mortgage covers the following described property:
fe THAT CERTAIN lot of ground situate ir?,, thE> Third VVard of the : h of
C a.? !isle Cumberland County, Pernsylvania bounded and described ; follows:
FE SINNING at a nail on the southern right of way line 7f West Baltir- ire Street at the
corder of lands now or formerly of Ernest L. Harder: thence alone: the 'iitter, South 13
aec:lrees 42 minutes 08 seconds West, a distance of 1'0.00 fee' tc 3r, ron pin on the
rl'-,rthern side of a '10.00 feet wide alley-, thence along the latter hJo?"? `13 degrees 17
r i!- .ates 52 seconds West, a distance of 32 50 feet to an iron Fir cr, t^'r line of Lot
Nc 2 on the hereinafter mentioned plan of '!ots, thence along the iattE?r North 13
de greE?s 42 minutes 08 seconds East a distance of 120.00 fee! Ir.) 3 - 4r-)n pin on the
sutherr right of way line of West Baltimore Street: thence along the later, South 76
degrees 17 minutes 52, seconds East a distance of 32.50 feet t, a -ail the Place of
BE INNING
JTAINING 3,900.00 square feet and tieing described ac.lordrnc, t::' ±=inal Minor
c,u" division Plan for Cumberland Valley Habitat for Humanity.. ? y '__s,ry V.
NerJlinger.. _.L S.. dated July 15, 1996. recorded in the Cumberanc :=; runty Recorder
"'seeds Office in Plan Book 73 Page 5 and being designated thP? ?r? as Lot No. 1.
c The Mortgage is it default because monthly payments f in-fpal upon said
kl-l:gage due June 1, 2011 and each month thereafter are duce unpaid. and by
th?E ?erms o' said Mortgage, upon failure of Defendants to makE? U," -ayments afirer a
dat specified by writter notice sent to Defendants, the E3 t!r ,.:)nricipal balance
the; eon are collectible forthwith.
1 Defendants are indebted to Plaintiff under the Nate and kliorl:? ar?re as follows:
Principal Balance as of April 1. 2012: S 2'422':: c,
Late Fees: a BG.tizCi
iota Amount Due: x ?7 `i02 "c
Said mortgage provides that the ±_encier Plaint ff, is ertmed at=torney's fees
an- casts of title evidence to the extent permitted by lain.
1 L' Pursuant to the notice provisions of Akct 6, 41 r .S. §4 0" iii- Act 91, 35 P. S. §
13 >J.?tG3(ci. Plaintiff sent: Notice of Intention to Foreclose Mortgan dated February
1) 2012 to Defendant by certified mail return receipt reauestec :r d by first class
r , true and correct c=opy of the Notice of Intention to FomCIOSI= k1ortgage sent to
C--iendant Kathy Miller-Smith, is attached hereto as E;:hibit "E
Defendant has 1 :ailed to ci..ire the default
Defendant has failed to meet with the plaintiff or any t ,h> ;:c>nsumer credit
co.Anseling agencies listed in the notice and have further fa le__ -neet the time
limitat ons specified in the notice.
WHEREFORE, Plaintiff demands judgrnent of mortgage f::?r? ?:a ,?_are against the
n , -fgage property in the sum of t i .5f)2.19 ?_. together +?V'tr >t > and attorney
fe E ` .
Respec*fully Submit e
SAIDIS SULLIVAN & RO3ERS
Robert B. Harrnk:.)- .:aq.
Attorney's 1A:1 N 2,-)9202
26 West Hig f St = :-
k.arl,sle. PA' ..
'k 1 r 171 243-62'422
Fax: 71 7i you isei for P aint -:i.
C L111/lBERLAND VALLEY HABITAT
HUMANITY, INC.,
Plaintiff
v
-'OURT OF C;OIVIMON? 1EAS 01=
CUMBERLAND C;:_>?.lr~ IDA
NO.
KL-HY MILLER-SMITH
Defendants
CIVIL ,ACTION
VERIFICATION
Jerrv Nichols, Executive Directo- o- Cumberla d Valley M? nir L--r for Humanity.
li ( Deina authorized to do so on behalf c* C _imoerland Valley for Humanity.
1r, hereby verify that the statements ma(:fe i^ thE: foregomc Ieadinq are true and
c) ec- to the best of my information, knowledge and belief ? ??stand that false
s-aiernents herein are made subiecl to the penalties of 18 +. Section 4904
r lai:inq to unsworn falsification to authoritie=s
CUMBERLAND VAL't._EY` HABITAT
FOR HUMANITY, INC:
Wo,
E: ecuti4birecto4
M ORTGAG F
tES MORTGAGE ("Security Instrument") is given or. Sepiembel 1949. 'f ne mortgage,
is Kj1 THY L. NE L ER whov, address is 4C West Baltimore Street, Carlisle, Cumberland Coum'
Pennsylvania 17013 ("Borrower") This Security, Instrument :s given to CUMBERLAND w'ALL-.
HABITAT FOR HUMANITY, INC., a Pennsylvania non-profit con oration with mailing address o,
P.0. Box 147, Carlisle, Cumberland Counn, Pennsylvania ("Lender"). Borrower owes Lender' :.r
principal sum of FORTY SEVEN THOUSAND EIGHT HUNDRLD EIGHTY AND k7{ : l'::
f?ollars (U.S. 347,880.00). This debt is evidenced by Borrower's rote dated trill same date a,,, tills
Security Instrument ("Note"), which provides for monthly paymerrs, with the full debt, i f no' pe.e.i
earlier, due and payable on November 1, 2024. This Security lnstrument secures to Lender. (a' the
repayment of the debt evidenced by the Note, and all renewals, extensions and modifications; ! ,
-he payment of all other sums advanced under paragraph 7 i o protect the Seel of this Secur :'L
instrument ' and (c) the performance of Borrower's cove:rtants and agreements .inder this Sec,::,
instrument and the Note. Fo" this purpose, Borrower does hereby mortgage, grant and convet
;inder the following described property lo;;ated in Cumberland County, Pennsylvania:
Ai.L THAT CERTAIN lot of ground situate in the Third 'h'ard of the 3orough ,r'
arlisle, Cumberland Counry,, Pennsylvania, bounded and described as follows:
BEGINNING a': a nai; on the southern right-of-way li ne of'Kest Baltimore Street a.
the comer of lends now or formcr:y of Ernest Harder, thence along the latter,
South 13 degrees 42 minutes 08 seconds Wes!, it distance -of 120.00 feet to an iron
pin on the norttern side o`a 10.00 feet wide alley; thence along the latter, North "6
degrees 17 minutes 52 seconds West, a distance of 32.50 feet to an iron pin on the
r Y 'line of Lau No. 2 on the hereinafter mentioned plan of Lots; thence along the latt...
_ ^-.North 13 degrees 42 minutes 08 seconds East, a distance of 120.00 fee: to an iron
pin or, the southern right-of-way line of West Baltimore Street; thence along the
=latter, South 76 degrees 17 minutes 52 seconds East, a distance of'3150 feet to a
nail, the PLACE OF BEGINNING.
CONTAINING 3,90(.00 square feet and being described according to a final mirror
subdivision plf;n for Cumberland Valley Habitat for Humanity, Inc., )y harry
c' Neidlinger, P.:_.S., dated July If, 1996, recordod in the Curnberhmd County
Recorder of Deeds Office in Plar: Book 73, Pr 5, e,nd being designate: thereon as
:_t No. 1.
B00K.157 ' PAGE 1:7
EXHIBIT
I'J?;E 1 HER VTH all the improvements now or hereafter erected on the property, arc; a.
,asemems, nghts, apptutenances,'.-ents, royalties, mineral, oi', and gas rights and profits, water r+ghL,
and stock and all fixtures now or hereafter a part of the property All replacements and addiuow
shall also be covered try this Security Instrument. All of the foregoing is referral to i a this Secant;
instrument as the "Property."
40RROWER COVENAIsTS that Borrower is lawfully seized of the estate hereby conveyed
anc has the right to mortgage, grant and convey the Property and that the Property is unencumbered,
except for encumbrances of record. Borrower warrants and will defend generally he title to tFt
Llrooerty against all claims and demands, subject to any encumbrances of reecrr'
orrower and Lender covenant and agree as fohOWK
Payment of Princhpal; Prepayment and Lalx Charge. Borrower shall prompti,
vas wneh due the principal of the debt evidenced by the Note arid any iate charges due under the
Mote
Funds for Taxes and Insurance. Subject to applicable iaw or to awritten waiver b,
naer, Borrower shall pay to Lender on the day monthly payments are due under the Notc, until the
Note is paid in full, a stmt ("Funds') equal to one-twelfth of: a) yearly taxes and assessments whici
may atta.n priority over this Security Instrument; and (b) yearly hazard insurance premiums. `i'hest:
items are called "escrow items." Lender may estimate the Funds dtu' on the basis of current data arn;
reasonable estimates of future escrow items.
The Funds shall be held in an institution the deposits or accounts of which are insurekj v.
guaranteed by a federal or state agency. :,ender shall apply the Funds to pay the escrow items
:.ender may not charge for ;folding and applying; the Funds, analyvng the account er venFying th'.
escrow teems, unless Lender pays Borrower interest on the Funds and applicable law oerrrtits Lender
to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on thc
runds Jnless an agreement is made or applicable law requires interest to be paid, Lender shall nci
tx! required to pay Borrower any interest or earnings on the Funds. Lerder shall give to Borrowe!
without eharge, an annual accounting of the Funds showing credits and debits to the Funds and the
,wrpose for which each debit to the Funds was rnade. The Funds are pledged as add tional seruro
fir- the sams secured by this Security Instrumer:1
f the amount of tb: Funds held by Lender, together wit. rite future month y payments c
I' anus payaole prior to the due dates of the escrow items, shall exceed the amount t equired to pad
the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid
Bcrrower or credited to Boa,-rower on monthly payments of Funds. if the arrount of the Fund., he`.
1 Lender :s not sufficient to pay the escrow items when due, '3rrower snall pay to Lender arP.
atrount necessary to snake up the deficiency in one or more payrncrnts as rcqu:rec by Ls r1er.
Bo A5 7 C rent 1A3
Upon payment ir. full of all sums secured by this Securm Instrument, .en ier shall ,ton n:
refund to Borrower any Funds held by Lender. if under ptuap-aph 1 S the Property is sold or acgLrrc.-
b? l,ecndet, Lender shall apply, no later than immediately prior to the sale of the Properly o' rr-
acquismon by Lender, any Funds held b) Lender at the time of application as a credit agains' inn
sums secured by this Su-urity Instrument.
,. Application of Payments. Unless applicable iaw provides otherwise, all payme; :
rece;ved by Lender under paragraphs 1 and Z shall be applied: first, to late charges due undo
Note, second, to amounts payable under paragraph and last, to r-incipal due.
c. Charges; Liens. Borrower shall pay ail taees, assessments, charges, fines an_
impositions attributable to the Property which may attain priority over this Secunty lttstrurnent a-:.
leasehold payments or around rents, if any Borrower shall pay these obligations in the manne
prov,ded in paragmph 2, or if not paid in that manner. Borrower stutll pay them on time directly ,...?
the person owed payment. Borrower shall promptly furnish w Lender all notice:; of amounts ro a=
paid under this paragraph. If Borrower makes these payments dimctly, Borrower shall )rontrs
furnish to Lender receiFds evidencing the payments.
Borrower shall promptly discharge any lien which has p-ionty over this Security Ir:stninit!r?
unless Borrower. (a) agrees in writing to the payment of the obligation secured by the ties lt:
manner acceptabl: to Lender, (b) contests in good faith the lien by, or defends against enforce hen:
of the lien in, legal proceeding which in the Lender's opinion operate to prevent the enforceme:rr.:, f
the lien or forfeiture of any part of the Property; or ((;) secures from the holier of the lien ut,
agreement satisfactory to Lender subordinating the lien to this Security Instr menL if Lender
determines that any part of the Property is subject to a hen which may attain priority over th.
Secunty instrument, Lender may give Borrower a notice identifying; the lien. Borrower shall sttnsr•
the lien o; take o:ae or more of the actions set forth above within iO days of the giving of note:
Borrower shall not permit a second mortgage or the lien of any other subordinate financing to
be placed against the property for five years from Ili,! date of the Note.
5. Hazard Insurance. Borrower shall keep the Improvements now existing or her(%btr?
erected or the Property insuned against loss by fire, hazards included within the term 'extenc::c.
;overage" and arty other hazards for which Lender requires insurance. This insurance shed; )e
maintained in the amounts and for the periods that Lender re:luxes. The insurance canner proviti nS
the insurance shall bc chosen by Borrower subject ':o Iender', approval which shall nr_ r t
unreasonably withheld
All insurance policies and renewals shall tx- acceptabic to Leader aid shall inciuoe t
standard rhortgage clause. Lender shall have the -fight to hold the policies and renewals. If L :n,:rt
requires, Borrower shall promptly give to Lender all rea:ipts of paid premiums and renewal nocrcIt`s
In tine event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, L,:nac-
ma•, make proof of loss if not made promptly by Borrower.
Beirh1572PAM ri
,; mess :,ender and Borrower otherwise agree in writing, insurance proceeds shall be apphec:
restoration or repair of the Property damaged, if the restoration or repair is economically feasible
and Lender's security is not lessened. If the restoration or r pai;xs a?u? toothecalm, feasi is o
,endet's security would be lessened, the insurance proceeds shall this Security Instrument, whether or not then due, with any excess paid to Borrower 11 Borrowe:
abandons the Property, or does not answer within 30 days a notice from Lender that the insurance
carric- has offered to settle a claim, then Lender may collect the insurance proceeds Lender mad:
use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrumen!
whether or not then due. TTe 30-clay period will begin when the notice is giver
,;nless Lender and Borrower otherwise agree in w,- ling, any application ci proceeds t
?)-;ncrpai shall not extend or postpone the due date of the monthly payments referred to
paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property r:
acquired by Lender, Borrower's right to any insurance policies aril proceeds resulting from damage
ro the Property prior to the acquisition shall pass to Lender to the, extent ofthe sums secured by the
security instrument immediately prior to the acquisition.
o Preservation and Maintenance of Property; Use as Principal Residence.
Borrower shal! not destroy, dame.ge or substantially change the. Property, allow the ProperC, t
deteriorate or commit waste. Borrower shall occupy the Prolrerty td all times its a priru::iM
-esideace and shall not leas- the Froperty or any portion of the Properr+ to an pers,T,
Protection of Lender's Rights in the Property; Mortgage Insurance. I`Borrave
rails w perform the covenants and agreements contained in this Security Instrumen., or them. IS
ieval proceeding that may significtntiy affect Lenders rights in the Property (such as r proceeding if
hanknrptcy, probate, for condemnation or to enforce laws or regulations,, then :.,ender may do ark
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Propert'
Lenaites actions may include paying any sums secured by a lien which has priority over this Sec:unt
instrument, appearing; in court, paying reasonable attorneys' fees and entering on t-re Properly tc
make repairs. Although Lender may take action under this p.ragraph ?, Lender :ions not have .n o•
sr
l+ny amounts disbursed by Lender under this paragraph shall become: aadrtional debt a
Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terns w
,vvment, these amounts shall be payable upon notice from l;.nder to Borrower requesting paymen'
Inspection, Lender or its agent may make reasonable entries upon art: inspections o.
t;e Propefi'. Lender shall give Borrower notice at the time of or orior io at inspect nor speci`vin;
reasonable cause for the inspection.
Condemnation. The proceeds of any award or claim for damages, direct c
consequential, in connection -Mitt any condemnation or other taking of any part o t e Property,
o, conveyance in lieu of canderr nation, are hereby assigned and shag' be paid to Lender
BOO 1572 FACT 19
n the event of a toud taking of' the Property, ',:he proceeis shall be a.aplied to iris sr:ms
securer by this Socurity Instrument, whether or not then due, with any excess paid to Borrow:` r
the event of a partial taking o f the Property, unless Borrower and Lendet otherw^se agree to w: ittng_
the sutras secured by this Stcurity Instrument shall bo reduced oy the amount of the pro:ee=ls
multiplied by the folio,,-,ring f=action: (a) the total amou=nt of the stuns secured immediately Ce rare
the takmg, divided by (b) the fair market: value of the Property immediately before the ta'Kinv,
balance shall be Daid to Borrower.
if the Property is abandoned by Borrower, or :f, afte- noticr, by Lender to Borrower tna rut
condemnor offers to make an award or settle a claim for damage`, Borrower fails to reason a
Lender within 30 days after tle date the notice is given, Lender is authorized to collect and appl4 t m:
proceeds, at its option, either to restoration or repair of the'?roperry or to the stuns secured h,r °. ?is
Smunty Instrument, whethe- or not then due.
Unless Under and Borrower otherwise agree in vrting, any applica ion of protest tt
principal shall riot extend ?Jr postpone the due date of the manthly payments referred
'Jaragraphs 1 and 2 or change the amount of such payer' ent.
W. Borrower Not Released; forbear•anceByLendcrNot aWaiver. Extension ofst
t.me to, payment or modification ofamortization of the sums secured by this Security Instnimen:
granted by Lender to any successor in interest of Borrovrer shall nct operate to release the liabi lit o
the onginal Borrower or Borrower's successors in interest Lender shat' lot be requrrec tc.
eommence proceedings against any successor in interest or refuse to extend trme for payment 0:
otherwise modify amortization of the sums secured by this Securty Instrument by reason of ant
remand made by the original Borrower or Borrower's successors in interest. tmy forbearance: b
ender in exercising any right or remedy shat; not be a waiver o`zr preclude the exercise -f a
nght or remedy.
l1. Successors and Assigns Bound; Joint and Several Liability; Co-signors. ne
cotenants and agreements of this Security Instnunent shall bind. and benefit the successors any
assigns of Lender and Borrower, subject to the provisions of paragraph 17 Borrowers covenants
anti agreements shall be joint and several. Any Borrowx who co-signs this Security Instrument nu.
does not execute the Note: +;a) is co-signing this Security. nstrument only to mortgage„ grant ant
convey that BorroweeS interest in the Property under the terms ofthis Security Instrument; (b) is no
personally obligated to pay the sums secured by this So-unty Instrument, and (c) agrees that Lende
ant; any other Borrower may agree to extend, modify, forbear or make any acc=ommodations v+;tr
regard tc the terns of this Sxurity Instrument or the )`rote without that Borrowers consent.
IZ. Loan Charges. If the loar. secured by this Secur.ty instrwnen is subject tt; L : iv
wnten sets maximum loan charges, and that law is finally interpreted so that the loan cnar,e,
collectec or to be coliacted n connection with the loan exceed the permitted 1 miss, then: ,
st.K:h loan charge shall be reduced b3' the amount nec isarv to reduce the cha-gc to the peuntate:
RON1;,y7PACE 19
'sir„tit; and (b) any sums already col;ected from Borrower which exceeded permitter hmits will be
refunded to Borrower. Lender may choose to male this refitnd by reducing the principsd owed under
i.le Note or by making a dire:.t payment to Borrower. If e refund reduces principal, the reduction
wiL be treated as a partial pn,payment without any prepaymiunt charge under the Nots-.
ia, Legislation Affecting Lender's Rights. If enactment or expiration t?f appiicabic
aws has the effect of rendering any provision of the Note orthis Security instrument unenforceable
according to its terms, !.ender, at its option, may require immediate payment in fuli of all sums
<;ecured by this Security Inst:.vment and may invoke any remm:dies permitted by paragraph 19 11
ender exercises this optior, Lender shall take the steps srecified in the second oamgrapl4 o!
?aragrapt '
14, Notices. Any notic. to Borrower provided for in this Security instrument snal. be
given by delivering it or by mailing it by first class mail unless applicable law requires use cis
!another method. The noticeshall be directed to the Property Address or any other address Borrower
uesignates by notice to Lender. Any notice tc Lender shall b: given by first class mail to Lender's
address stated herein or any other address Lender designates by notice to Borrower Any native
arovided for in this Security Instrument shall I9e deemed to have been given to Borrower or ender
Nhen given as provided in Luis paragraph.
i3. Governing Law; !kvembility. This Security li-strurent shah be goveme< b,
:feral taw and the law of lire jurisdiction in which the Property is located. In the event that any
xovision or clause of this Security Instrument or the Note conflicts with applicabie law, such
;onfhct shall not affect other provisions of this. Security Instrument or the note which can be giver
5ffect without the conflicting provision. To this end the provisions orthis Security intrument arc:
he Note are declared to be szvera'-)le
G. Borrower's Copy. Borrower shall be given one contormcd copy of tl e Notc and o
his Security Instru=at.
. Transfer of the Praperty or it Beneficial Interest in Borrower. if al cr any par c'
he Property or any interest in it is sold or transferred without : erxier's prior written amsent, !.ender
-aar, at its option, require immediate payment in full of all stuns secured by this Security Instrunitru
iowever, this option s,hal1 not be exercised by Lender ifexercise i5 prohibited Irv Feeieral law as c,
he date of this Security instrurterit.
Z Lcrider exercises this option, Lender shall give burrower notice of acc eieration. n,
notice shall provide a period ofnot less than :10 days from the date the notice is delivered or Mile,
within which Borrower must pay all sums secured by this Security Instrument. If Borrower faits t,
pa) these sums prior to the expiration of this period, L.°nder may i nvoke any remedies perrr ittl' t,
;his Sc: unr, Instrument without further notice or demand on Bo zowe`
SOCK 1574' Pot 2)
s. Borrower's Right to Reinstate. If Borrower meets certain corditions, llorro?,°."
snail nave the right to have enforcement ofthis Security instrument discontinued at any time pno, ,,,
the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatemen:
afore sale ofthe Property pursuant to any power of sale ;ontained ir, this Seeunt. Instrument; or ( r
entn of ajudgment enf'orcinl; this Security Instrument Those conditions are trial Borrower : .
pays Lender all sums which then would be due under this Sa:urity Instrument and the No-,c l d
acce; erasion occurred; (b) cures any default of any other covenants or agreements; (c) pay-,
expenses incurred in enforcing this Security Instnunen., including, but trot limted to, reasoruuble
attorneys' fees; a&J (d) takes such action as Lender may reasonably require to assure that the lien :
this Security Instrument, Lendeds rights in the Property and Borrower's obligation to pay the sum;
secured by this Security Instrument shall continue unchanged ;)pot: reinstatement by Borrower, t1,,,,
Secunty Instrument and the obligations secured hereby shall remain fully effective as r,,,
acceleration had occurred- this right to reinstate shall not apply in the case of acceleration
under paragraphs 13 or 17.
'.9. Acceleration; Remedies, Lender shall give nonce t) Borrower Friortoac;eleratiot;
following Borrower's breach ofany covenant or agreement in this S,.curity Instrument (but not pr,or
to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall
notify Borrower of, among other things: (a) the default; (b) tnc action required o cure the default,
(c) when the default mast be cured, and (d) that failure to ewe the default as specified may result f i
acceleration ofth<; sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shell further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-exissence of a default or any oti er
defense of Borrower to acceleration and the right to assert in the foreclosure proceeding the ncrk-
existence of a default or any other defense, of Borrower to acceleration and foreclosure. I` the
default, is not cured as specified, Lender at its option may require immediate payment in full of a!i
sums secured by this Security Instrument without further demand and may foreclose this Seeurtt}
Instrumen- by judicial proceeding. Lender shall be eridtlet!l to, a:tomcys' fee: and costs of to e
evidence to the extent permiv:ed by applicable law.
2 0 , Lender in Possession. Upon acceleration utrx:er panugraph I ' - ) or abandonment oA Lie
Propert4 , Lender ;in person, by agent or by judicially appointed re(eiver) shall ?re entitled to en:?
uport, take possession of and manage the Property and to collect the rents of the ?roperty inciudir:g
those past due. Any rents collected by Lender or the receiver shall be applied first to payment of L"rc
costs of management of'the Property and collection of rents, including, but not limited to, receive: s
fees, premiums on receiver's bonds and reasonable attorneys fees, and then to tt:e sums secumd'~<
this Security Instrument.
2I. Release. Upon payment of all sums smured by tlus Security Insmunent, Lender snarl!
di senarge this Security lnstnunent without eharge to Bo-row-r Bo sower shall -lay any rcrorcat:rc
COSt:..
WX 21
Reinstatement Pen.od. Borrower's time to reinstate provnded in paraR aph 18 shah
extend to one hour prior to the commencement ofbidding at it sheriffs sale or other sale pursuan'd tc
t ,tis Security Instrument.
2 . Purchase Money Niortgage. If any of the debt. secured bN this Secunty instrumenu is
err. to Borrower to acquire tine to tae Property, this Security nstniment shall be it vuR7hase moneN
rnnregagc
24. Interest: Rate After Judgment. Borrower agmes that the interest rat;. payable after a
udgment is entered on the Note or in an action of mortgage forec losure shaD be the egai rate
25. Further Obligatior. of Borrower. Borrower and Lender have entered into a cerTair
.fight of rirst Refusal and Shared Appreciation Agreement dated the same date as this SeccuTn
Instrument, and Borrower agrees that any, actual or attemptet breach or violation by Borrower o,
t hat Agreement shall be a default under this Security Instrument and shat ; entitle Lend °r to exercise
z i of its rights under this Security instrument inoluding acceleration.
13.' SIGNING BELOW, BoToaer accepts and agrees to tha terms .and o,,maiits contained
r? tiw Seeurlty Instrument.
??itrtess ?Za?
`m-,.-_ ?'•-?
?- -- k:athv L. M. r
,)MMO1\TWFALTH OF PENNI SYLVANIA
ss
O? CUMBE:RLAND
Jt: this, the 23`a day of September, 1499, before: me, the undersigned otnce:, personally
.:speared KATHY L. MILLER, known to me (or satisfactorily proven) to be the person whose name
r: subscribed to the within instrument, and acknowledged ':hat she executes -hr :ame for tree
rur", es therein contained-
p, V17714ESS Ik REOF, I hereunto set qmy hand and ofiic4 s_a.
91rim E aM,uM1 NaM?Y ?'?
ray my C=a MNi C°nveiWTSP.. Gaxty
°^ EMb AAQ. S. 2W2
d/daW
FAnnCU, PwrY? n
na3J?2?kX , <'T
o`?.r t
ACT 9116 NOTICE
TAKE ACTION TO SAVE
YOUR HOME; FROM
FORECLOSURE
Date rEr- ,I arv ,C 2012
Katf , M Iier--Smith
4C Vvest Baltimore Street
r le PA 17013
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT
TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONII_`"'
ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Ta s i<an official notice that the mortgage on your home is in default and the lender iriterwl , C r-Dreclose.
Specs info- nation about the nature of the default is provided it tre attached pa es_
Tre r? )MFO'?VNER'S MORTGAGE ASSISTANCE PROGRAM (HI=MAP) MAY BE ABLA-_ ' . _I-FLP TO
SAVE 'OI,JR 10METhis Notice explains how thepr ogram works
i o se.?_if 1-1E1`,,1AF' can help, you must MEET WITH A CONSUMER CREDIT COUNSE L1Nt ?vENCY
`A/ITH H 30 DAYS OF THE DATE OF THIS NOTICE. Take this _Notice with you when _,u ?e '.he
ours-lint, Eicency?
T??e -re a(:adress and phone numoer of Consumer Credit Counseling Agencies ser inq r,y_ Icunty are
fisted he end of this Notice. Ifni have any questions, you mav call the Pennsylvania H ousi iq Finance
- --- ---- - --
Ag_ent ?o fr_e at 1-800-342-2397. (Persons with im airea hearingmay_caii1?1 78C 'f E
";s P. )t c: :.,intairs important legal info,mation. If you have any questions. represen-at ?.a -it to
cns. re, C (di' Courseling Agency may be able to help explain it You may also wane * r? ac. an
a?torr it ti _jr area --he local bar .association may be able to Iielo you fire a lawyer
Nd, PF!Ct>CION EN ADJUNTO ES DE SUMA IMPORTANCIA PUSS A=ECTA S,- HC A
CON NU:A! VI'JIENDO EN SU CA,SA. SI NO COMPRENDE E_L +--ONTENiDO DE- ES-
NOT 1 Cj,, 1h_:)N OBTENGA UNA TRADUCCION INMEDITAMENI E LLAMANDO EST,-, E°NGIA
PEN', SY'_111,?'XA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMFRO MENC?OH,AL> 1 ARRIBA.
PUEL : S ELEGIBLE PARA UN PR.ESTAMO POR El. PROGRAMA LLAMADO H'_AIt= : MN ERS
EMEF?GENG MORTGAGE ASSISTANCE: PROGRAM" E_ COAL PUE'uDF SALVAR ?. '_)E LA
FFPF< _)A L IDERECHO A REDIMAR SU HIPOTECA
STATEMENTS OF POLICY
F-orc-: wre, Name(s). Kathy Mille-Smith
Prop, ??y Ad<_",less_ 40 W- Baltimore Street, Carlisle, PA 1
Origin ! Lt r 'er Cumberland Valley Habitat for Humanity, !nc. a Pennsylvania non-p-ot,t ration,
C: WrE Cumberland Valley Habitat for Humanity. inc 'a Pennsylvania non prr-f-t a r::ation
39 H&sers Lane, Carlisle. PA 1?015
EXHIBIT
r<:1_1
HOMEOWNERS 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 'r0, CONI-'L"WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENC" !'J(-)F?1t=AGE
ASSISTANCF ACT OF 1983 (THE 'ACT"), YOU MAY BE E:.LICaIBLE FOR EMERGEN`'`/ T;AGE
ASSIC-'ANCE
« 1= 'OIJFDEFAUL-r HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR Ca;ty T , L.
+1 'Ol.! ?,AVE A REASONABLE PROSPECT OF BEING ABLE TO PA" YOUR N1C?? rs =
11,E- AMEN FS AND
« 1= "O(MEET OTHER ELIGIBILITY REQUIRE=MENTS ES-TABI_ISHEC) BY TF+E I=jc NN ''4NIA
H :JSIN": FINANCE AGENCY.
T_E_MPC:R_AFI' STAY OF FORECLOSURE -- Uncler the Act yo.a are entitled .o a ternp:a
foreclc_ure (wi your mortgage for thirty (30) days from the Gate cf th;s Notice During that ??= y )u must
arrarc.t- and aJend a face-to-face meeting with one of the consumer credit counseling ageoc;e!, listed at
the erc:' of th t; Notice THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY 0DG D, IF YOU
DO Nk.T_APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MAST BRING YCI.
MORTGAGE OF TO DATE. THE PART OF THIS NOTICE CALLED °HOW TO CURE Y'OU-1,_
MO_RTC;AG_EDEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSELING AGENCIES.- If you rneet with one of 'he consumer_c,, icl t
counse inc agencies listed at the end of this Notice the lender ma NOT take action aclinst_?_t?;__for thirty_
00; da;rs after the date of this meeting. The names, addresses and telephone numbers- o iasipated
consumer credit counseling agencies for the County in which the property is located arE:?_set__}or•_h at the
end of this Nc :ice. It is only necessary to schedule one face40-face meeting Advise , o r t
!mmed ate(l/ rrF your intentions.
APP! L;ATiON FOR MORTGAGE ASSISTANCE: Your mortgage is in a default for tl-?e r m?- + set forth
ater i this Nc>tice (see following pages for speci`ic informatior abcut the nature of your If you
have - ed anJ are unable to resolve this problem with the lender, you nave -he right *,,-) iap Ic ?inancial
assist i ice f ,:gym the Homeowner's Emergency Mortgage Assistance Program. To do 5;: -r u;s,: fill out,
sign a - d file 3 completed Homeowner's I=mergency Assistance Program Application wi*n :,i}-> c f the
lesig- itec, m {,nsumer credit counseling agencies I steel at t`ie end of this Notice. Only :- r m ... e r credit
-ping agencies have applications for the program and thf'v w 11 assist you in subn'!tt ;--mrnplete
appl c ltiorl t the Pennsylvania Housing Finance Agency- 'our application MUST t)e `!l,_=r ,(stmarked
Nithl 'iirt_ :'0) days of your face-tc-face meeting
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR 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.
AGE_Ivo,','( A_ Available funds for emergency mortgage assistance are very I:miteu Niil be
d sb j-ecl ), 'he Agency under the eligibility criteria established by the Act The R w-,sy;v 3 • c? -sousing
r nan AgE icy has sixty (60) clays to make a decision after it recewes your applicatc , that time.
.c„ --iost I proceedings will be pursued against you f you nave met the time require! , .' ; ;et forth
ar,c. r Yo . be noti`ied directly by the Pennsylvania Ho asir c Firarce Ac encv o7 is = ;n your
anc!I c ;ii?r -
NOTE' IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD
NOT E CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
you have filed bankrulptcy you can still apply for Emergency Mortgage Assiston,.:e
HOW TO CURE YOUR MORTGAGE DEFF?,ULT (Bring _t up to datf_t,
NATU4E OF '-Hi= DEFAULT - The MORTGAGE debt held by the above lender on your .?r E located
at: 40 W. Baltimore Street, Carlisle, PA 17013 IS SERIOUSLY W DEFAi because=
A 1 c , J 1-1- vv NOT MADE MONTHLY MORTGAGE PAYMENTS for the following nlortl ???: the
fo , wire amounts are now past due Start/End June 1, 2011 thru February 10, 2012 =,t 1323.90 per
ri? rth
Meng Iv payments Plus Late Charges Accruec $ :3,005.10
N;::I= $ i i
Otrc g>
(S.$st?ense W
Total amount to cure default J_3 005.10
E F, ^ E FAILED TO TAKE THE =OLLOWING ACTION f Do not use if not aprllcau t, to: A
HOVJ ?(_;-i_THE DEFAULT. - You may cure the default within THIRTY 30) DAYS;, f 'tre _i ite of this
notice iDA","ING THE TOTAL AMOUNT PAST DUE TO -17 HE LENDER, 'J`JHICH IS $.3,0U5.1g PLUS
ANY P,,;DR -(_?\GE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING) T .HE: '-H'RTY
;3;r 'Y F'ERICD. Payments must be made either by cash, cashier's check; certifiec c.h_ec K :)r money
order 1.adee payable and sent to: Cumberland Valley Habitat for Humanity, Inc., 39 Heisers Laine,
Carlisle, PA 17015, (717) 258-1830, You can cure any other defaalt by taking the foilo^?? °i:)n within
THIF-- ( ? f)AYS of the date of this letter
IF YO_ DC v:DT CURE THE DEFAULT - If you do not cure the default with n THIF<.T,: 3 !'S of the
crate c' this Nr::tice, the lender intends to exercise its rights to accelerate the mort a e_deLl s r-leans
the erg e c=,?t,.standing balance of this debt will be considered due immediately and yo_; ma ?;s? the
chart - to oa,, the mortgage in montnly installments. If full payment of the total amc,ur, ::ass,. Ira snot
made kith n -1 H1RTY ('30) DAYS, the lender also intends to instruct 4s attorrey to start
fcreck;>E upc IVour mortgage proper.
IF T_H _ MORTGAGE IS FORECLOSED UPON - The Mortgage property wil be sold :v r? "h(,rff to pay
off the nortgage debt If the lender refers your case to its attorney, but you cure the del nc!(iz-rc-? before
the le ier ;),gins legal proceedings against you you will still be required to )ay the reaso i- e attorney's
fees t, +t we-: actually incurred, up to $50.00. However, if' legal proceedings are start c a a rr4 you, you
will ra, e t( p: y ail reasonable attorney's fees actually incurred by fhe lende even if ti-e•; °E c: 550.00.
Any a-t?arney fees will be added to the amount owed to the lender, which may also Inc t1 ?e -'rcrr
re-asc a)i ?.. sts If you cure the de-rault within the THIRTY (30) DAY?eriocou will nc?t ?. -(-oi.ired to
pad- ;3!-
0 nF=y ;fees
T_HE'-, LE_ Nl)ER_REMEDIES The lender may also sue you aersonally for the ?anpa ,._.I balance
anc 3! xhr ums due under the mortgage.
RIGH ' TO C.)RE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you na\,e not ;ureCt t , e-ault within
T-IIP :!) "SAY period and foreclosure proceedings have begun, you still have the mjh ciae the
defau.t anc ?r_event the sale at any time up to one hour before the Sheriff's Sale. YIou rr•ay_io.s3_by paying
the to ral amo-int then past due, ;olus any late or other charges then due, reasonable attorrrx s lees and
costs connected with the foreclosure sale and any other costs connected with the Sheriff's jai as
sjpecif,f d ir_miting by the lender andbv performing any other r. gluirements ,ender them ortgagE. Curing
joi,r, fart the manner set forth in this notice will restore vour mortgage to the sarrl?r. r s tic) i as if you
i,^ '? er 1", Du'ted
EARL c_ST P(.:)SSIBLE SHERIFF'S SALE' DATE - It is estimated that the earliest date ,hat t,-, a Sheriff's
Sale he T,ortgage property could be held would be approxirnately SIX (6) MONTH,- fre elate of
tri s rc` :,e. A ',otice of the actual date of the Sheriff's Sale will be sent to ycL before tre sail: course..
the an, : unI needed to cure the default will increase the longer y::>u Naii. You may f nd mime
exac°I, Aih at t' e required payment o, action will IDe by contact;nc the lender.
HO`,?? _ (?INTACT THE LENDER: Cumberland Valley Habitat for Humanity, Ir;
39 Heisers Lane, Carlisle PA 17015
phone - (717) 258-1830 fax - (717) 258--1830
email - cvhfh@arttilink.net
EFFE_? r OF HE-RIFFS SALE -- You should realize that a 31heriff's Sale will end y 7u' :r.v E c cf the
mortgai-led r n-?perty and your right to occupy it. If you continue to live in the property a`tii`r )eriff's
Sale yaws,, , tc remove you and your furnishings and other Belongings could be startel !ender at
acy tir°-,
ASSJ1,1P1iO1N OF MORTGAGE: - You __ may Or X may not (checK one sell or tr._ir•ste, ; j home to
a buv( or 'rar sferee who will assume the mortgage debt, f rovided that all tree outstare nq o iy rents,
r'nargt =, ar d ;ittorney s fees and cost are paid prior to or at the sale and that the other r: a . r en:s of the
mortgage ;gn-r satisfied
YOU MAY ALSO HAVE THE RIGHT.
« SEA„ THE PROPERTY TO OBTAIN MONEY TO PAY OF[- THE MORTGAGE TO
13" I) R l MONEY FROM ANOTHER LENDING INSTITUTION, TO PA`( OFF THI`E DI '7
» Hk'v'E THIS DEFAULT CURED 13Y ANY THIRD PARTY ACTING ON YOUR E31: HAIL,;:
« - Hf+VE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE: FF-',N_,1.' ?-IAD
-CIRRED IF YOU CURE TFIE DEFAULT.. (HOWE\,IEF:, YOJ DO N(,)T HAVE -T?i ,? I. {., Ar TO
RE YUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEA=?
ASSE:''RT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE F'R'_) I `:' IW OR
A`r Y C`TtiER LAWSUIT INSTITUTED UNDER THE MOR-7GAGE DOC?JMENTS
» ASSERT ANY OTHER DEFENSE YOU B1-LIEVE '1'0lJ MAY HAVE TO SUC ' ; r BY THE
SEE! PROTECTION UNDER THE FEDERAL BANKFL!P-1-CY LAIA
JM P -REDIT COUNSE:LING AGENCIE:.S SERVING `,/OUR COUN I-Y IS 'aTT=
V(eIy trUly Y'OUrs,
SAIDIS SULLIVAN &. RCIGE:R S
,Jason E= Kelso Esc.. "-
1; r?, Ni - ols ED 4'VHFH
Mailed by 1 Class mail / Certificate of Mailing and Certified Mail No.:
4
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROG1-1,1, k,!
CONSUMER CREDIT COUNSELING.AGENCIF-S
PA Interfaith Community Programs, Inc.
''C, E t;, fh Street
Gettysc;urc A ^ 325
1? 1
CCCS of Western PA
2000 r iglestcwn Road
Harris:rarg f' 1 71 02
888 ` 2..
Community Action Commission of Capital Region
Harr,sarg I' 1 7104
,9
Maranatha
43 P- ideip? a AvenuE
VVavnr 1--;bc c 'DA 1-7268
1
PHFA
2' 1 w In ? ;'?t Street
Harr sr a-c 711 C
3'+4'
sh;C 3, 2 C
f ORM I
_ IN SHE LOURT CF COMMON PLEAS r= -
CLINIBERLAND COUNT), PENNSY0?',%N!,
Plaintiffs;
Defenclant(s)
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE'
DIVERSION PROGRAM
a.r t er.ied with a foreclos.ire comoIairittl-ct c oo J c, Ise v-)I tc le,,-e ? or norrie
.e -n the residenti<I property which is th-:) r s ect : f this !o eclosure -c- be able to
at ,)per, sed conciliation ccnfe-ence in an effort t res ) le t-,,s matter ith you- le
!f ,rou do not have a lawyer you must take the following steps to t-)e ?I grble for a
Co))t:iliatic?n conference. First, within twenty (20) days of yot:- receipt ?f this Doti(e, you r-u,." J (!Penn Legal
.13 `;4=)r) extension 251C or (800) 822 5288 extensio? 25:0 and request appcintm.,ni ?esentative,
o free you have beer appoint d a lega repre,e+nta,ive, you !rust prcml.ti, - t,? the legal
S ri ve,?tq (20) days of the appointmen- datr . ).,r n2 ghat ?r-e sting, y .--)u i, the legal
„Cn v, 1 3.; "Guested financial information so that a loan re clution proposal can be lu( . e -ehalf. I`
?ser.tative c-mplete a financial worksheet lr the format attached hereto, the ne eivative will
e _rquest ,or Conciliatloa Cor*erence with the Court, utmicn in st be +?led with the C: r i60) days
e nor ?? : s?f T !l(- foreclosure complaint. IF you do so a, d a _cnaiation tonfr rence r sc-?_' , vill have an
?r r rer? stir a representative of your lender I i al )ttcm-pt t, vor!,, ow reas i)able ar ml- =, c- E(,ur lender
t a .°cl?? sere suit proceeds forward.
ft you are represented by a lawyer, you and your lawyer must take the following steps to
tae i ligibh for a conciliation conference. It i:, not necessar,, fo- yo.a to r(ntact M dF i nce for the
Y r f 'ega representative. However, you must. provide y:)u? awye° with ail - e;auested f ir.i~ation so that
e..? ar pc> it can be prepared on your behalf. If you arr.; your lawyer comple, e a fma )cioi the format
wyer will prepare and file a Reqcest for Ccnaliction conference with th; C rust be filed
aye _ Kt, 60) days )f the service upon you of to e'(D eclo, re cc) q,1,? ri . if for- c,nciliation
er c y ;o will have ai opportunit: to meet with <i rel)r,rsen ative of y :ur lender work out
s ..?it'i your lender before the rror;gage fore losu-= s,, t proceed; 'crward
IF YOU WISH TO SAVE YOUR HOME,, YOU MUST ACT QUICKLY AND, TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted
Signature of Counsel fcr Plaintiff
FORM 2
Cunriberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
;. r 011-1V court of Common Plus Docket #
<if CV F ?E(:ZLFST FOR HARDSHIP ASSISTANCE
i,p vo-sr . eq.aest for hardship assi>tance, yor r lender -)us consider you' : ircumtai E ?_tE r ???ne
c 5 ] e rrf :)n, while working with your
rle provide the following information to the best of your knowledge:
CUSTOMERIPRIMARY APPLICATION
Bcr tine r < -n e (s' -- ---- -
---------------- - - -- -
tat Zip:
r or ra.e, es? Na hstin@ d,3tE? Prir_e -
? - --- .
,r (a _ Realtor f Bore:
rLOn11' Yes? No?
r s ii dlffetent
S tatP ---
e N . )er Home Office:
ell: he-:
xr o )eopk- n household. How long? -_
CO-BORROWER
Mi?i!ing A 'dress -- - -- - - - -
StatE: Zip
r. , per, Home:
ell: )th-?r
:T o ,)eopl, n household: ------ ----- - - How long? FINANCIAL INFORMATION
r ~ N9c-taage Lender
of r
---
J? r- Dat€ Yo,,, -_IoseC Your Dian:
---
f
L Y'
(:iud _d Taxes aid Inswar _____
r, Mr,r, ago P,wments Amount:
{ P23V!Tenr..
?,ry ro : for Default
Yes [_] No ? If yes, provide na rer loc'tior o° c) :rt, case n
Amount Owed: - V Sae:
IZe: niE lnf1? ---- .._
c
y. ar
,apt gat: i '1 Mode ----- ----
rr' .?; Value:
=-ct noki,l, ,t2_ Mooef - - Y?:'ar
rt °G -a: Value:
C?tr r,, _;artatior automobiles, boats,motorcyclesl fVI ode
'J= L._mOUnt owed: v„ uf?
M`ott? Income
(cn?Dr ;cripton (not wages)
Mon--hly Gross Month v
Mcn:hly Gross Month .
Mcn:hly Sros' Month , P ei
Monthly Amount
Mcm.hly 4mount
Cc -Borrower 'ay 4)sys:
Month _ExEenses: Please only include expenses y ou are currently-pin
DF NSI AMOUNT EXP1:NSE A n/1C>il)N
We gad; Food
" 1on E Utilities
ayr E Condo/Neigh Fees
I is .,f ce Mec. (not covered)
Aa'. tAe?/ oai.? Other-P,op. Payment
Ins' .I Lcr t Payment Cable T
Ch SuaF. t/Aiir Spending Money
D ,_ni J ire'-FL ?7ther EXpens s
lahr - 'or Monthly Mortgage Payments Based on I,cor>> ar,t Expe?v c
ys .o (r? wurk.ngwvi a Housing Counseling A,encu?
a pov d? ?he `ollowing informatlon:
ax
f ?u vc,,j 13ade application For Homeowners Emergency Mo-gage Assistance P o?,- r
(HEr, kNH ssistance?
Vp,
if ; pl.,; indicate the status of the applicatio is _-__-
b? env prior negotiations with your lender or lender's loan servi -ing ccrnpaily r clue your
rfelr:furn
vic!e the following information, If know regarding your lender c Fees loan
>er cin, r r?pany
tr t r?t,?ct Narnel: Clone:
E c n m p a n y N a m e)
4ui t act Phcne: - -- ----
AUTHORIZATION
l r t authorize the above
?; to use/refer this information to my lender, >(I,rv i :ez f v the sole
-- -- - --
pj ; os )f evaluating my financial situation for possible mortgage )WI( 'I, I/we
ua -11's°,? d that /we am/are under no obligation to ease the services provide c r, ) he above
ii>)- ),Awi ` igrature
Date
3> ;w r igratur- Date
Pleiise ft::rr%nrard this document along with the following information tr:, lender and
lennder counsel:
4 Proof on income
v Past 2 bank statements
Proof of any expected income for the last 45 days
u' Copy of a current utility bill
4 Letter explaining reason for delinquency and any supporting documentation
v (hardship letter)
L'sting agreement (if property is currently on the market)
r Copy of 2 years of federal income tax returns
X Copy of deed
FORM 3
IN -'NE000,?TC, F CC)MM0N PLt,A Cr
CILIMBERLAND COLiNT` PENNSYP,/, a';
Plaintiff(s)
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
crs. A ?t to the Administrative Order dated 1,012 goverrii C,v-ri berIand
r t F idortnl Mortgage Foreclosure Diversion Prop am, the undersignec c.., rtifies as
-31 v
Defendant i, the owner of the real pr?:)pe-t,v which s the suojermortgage
,wecloss.,re action;
D( tendant lives in the subject real properv, wh cn is cE `, n i - ! , orimary
es1 denc
?D,,-r'endant has been served with a "Notice of Fesidentia?PAortgag: kor-( f?,.rf Diversion
P),ograrrm and has taken all of the steles required i?i that Notice to be eligiblf t ?t (irate in a
cc:. i,'-r,-Slloervised conciliation conference.
,f 1 rsgned jerifies that the statements made herein are true (!nd cornett .-.e s!:and that
'ta z m( 1 ir- nacie subject to the penalties of lb Pa C.S. §4904 relat.ng to f cation to
,i,j, 0-it .:
S,g.ftu e < ! Defendant's Counsel/Appointed
i. =1 R( a ,entative
Date
Sg )tu -f, Defendant
ati, f . )f Defendan-
Rate
I)ate
i-ORM 4
IN HE COURT OF COMMON PLEA.` C:!
CUMBERLAND COUNT`, PENNSYP,,,'-N:
Plaintiff(s)
Defendant(s)
CASE MANAGEMENT CRDE'?
JD Id,?'N, thi, day of
the ?Jef(:,no. l i:) grower in
ciptioned residential mortgage foreclos<-ire ac'_ion haying filet! ? i_iest for
na i Conference verifying that the defenclant/borrower has r+;r?r>? A'ith the
I nit t i=vF RuO requirements for the scheduling, r.f a Conciliation Cenfcri-i, s hereby
ND DECREED that:
The parties and their counsel are iirected to participate in 1pervised
conciliation Conference on ai M. in
at the Eumberland Countvv Courthouse, Carlkh, ?i siivania.
O least twenty-one (21) days prior tk? the dare of Vic Concilia-, rence, the
defenclant/borrower must serve upon the Plaint ff/lende and i' r°:pv of the
C umberland Countv Resid, ntial Mortgaf'e Foreclo,,w( Dives si(}r i` ? 'inancial
Worksheet" (Form ?) which has bee- co?npleted by *I-e defend ir r cater. Upon
aEreement of the parties in writing or at the ciscretion w the C >nciliation
or?terence ord°red may be rescheduied le a iater dat,' and/of -iv on which
r\/ice of the completed Firm 2 is t, ? I)o made may to extende+l ? ?ti,-e to the
=-ourt of the defendant/borrower's failure to erve the completed ? - with the
time frame set forth ierein or, , uch other date as agreed )pon by tie pa r . ? if) writing
or ordered by the Court, the case shall be removed frori the Conril.3t)nference
schedule and the temporary stay of proceeding, shall be terminate
The defendant/borrower and counsel for the parties must attenr' ,n(iliation
`_onference in person and an authorized representative of the pjarnti?t =eider must
either- attend the Conciliation Conference in person cr be ava l it)lt. -lephone
during the course of the Conciliation --onference. The rec') w 1, ,.1 , of the
plaintiff/lender who participates in the ?;,'Dnciliation vgnferenc-, ?i i )ssess the
ac?!ual authority to reach amutuak acceptable -e,,Oution awc for the
plaintiff/lender muse- discuss resolution proposals with he au'thor,.?t r +r)resentative
advance of the Conciliation Conferer_e >f ;~ie duk, autho?iz;_a ., a-,+ ntative of
th+, plaintiff/lender is not available by telephone durin€ the Con+0 O,m )nference,
tti., ourt will schedule another Conciliation Confererce and r i ? i ? personal
arendance of the authorized representati :, o' the plairtiff/lender t r= t,c'ieduied
Conciliation Conference
at the Conciliation Conference, the parties and their counsel -pared to
discuss and explore all available resolul:ior options vrh,ch shall inc ludr. : ninging the
rn.ortgage current through a reinstat+rment, fraying o-f the mcri. 1,(i? )posing a
forbearance agreement or repaymen* pl i- to briny 11 e accoun, ! ver time;
ak:reeing to tender a monetary payment , nd tc vacate n the re< ' ' u'r , exchange
for not contesting the matter; offering the lender a deed +r ?reclosure,-
entering into a loan modification or a reverse riortgage; paying; tre r r'.ia,e default
over sixty months; and the institutior of bankruptcy proceedings
All proceedings in this matter are stayed pending. the ornpletic- ?, heduled
conciliation conference.
BY '-H. OLJRT
J
CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF
FOR HUMANITY, INC., CUMBERLAND COUNTY, PA
c'i
Plaintiff
KATHY MILLER-SMITH
Defendants CIVIL ACTIONa
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 defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pennsylvania
Telephone number (717) 249-3166
J??)
1
1(.)SDS
?? a7 SCO
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.,
Plaintiff
V.
KATHY MILLER-SMITH
Defendants
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
NO.
CIVIL ACTION
COMPLAINT
1. Plaintiff, Cumberland Valley Habitat for Humanity, Inc., is a Pennsylvania non-
profit corporation with a mailing address of 39 Heisers Lane, Carlisle, Pennsylvania
17015 (hereinafter "Plaintiff').
2. Defendant, Kathy Miller-Smith also known as Kathy L. Miller, is an adult
individual residing at 40 West Baltimore Street, Carlisle, 17013 (hereinafter
"Defendant").
3. Defendant is the owner of the real property subject to the mortgage described
below.
6. On or about September 23, 1999, in consideration of their indebtedness to
Plaintiff in the amount of Forty Seven Thousand Eight Hundred Eighty dollars
($47,880.00), Defendants made, executed and delivered to Plaintiff their promissory
note in favor of Plaintiff, in the amount of Forty Seven Thousand Eight Hundred Eighty
dollars ($47,880.00) (the "Note").
7. As security for the performance of their obligations under the Note, Defendant
made, executed and delivered to Plaintiff a mortgage upon the real property located at
40 West Baltimore Street, Carlisle, Pennsylvania (the "Mortgage"), which Mortgage is
recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage
Book 1572 Page No. 15. A true and correct copy of the Mortgage is attached hereto,
made a part hereof and marked as Exhibit "A."
8. The Mortgage covers the following described property:
ALL THAT CERTAIN lot of ground situate in the Third Ward of the Borough of
Carlisle, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a nail on the southern right of way line of West Baltimore Street at the
corner of lands now or formerly of Ernest L. Harder; thence along the latter, South 13
degrees 42 minutes 08 seconds West, a distance of 120.00 feet to an iron pin on the
northern side of a 10.00 feet wide alley; thence along the latter, North 76 degrees 17
minutes 52 seconds West, a distance of 32.50 feet to an iron pin on the line of Lot
No.. 2 on the hereinafter mentioned plan of lots; thence along the latter, North 13
degrees 42 minutes 08 seconds East, a distance of 120.00 feet to an iron pin on the
southern right of way line of West Baltimore Street; thence along the latter, South 76
degrees 17 minutes 52 seconds East, a distance of 32.50 feet to a nail, the Place of
BEGINNING.
CONTAINING 3,900.00 square feet and being described according to a Final Minor
Subdivision Plan for Cumberland Valley Habitat for Humanity, Inc. by Larry V.
Neidlinger, P.L. S., dated July 15, 1996, recorded in the Cumberland County Recorder
of Deeds Office in Plan Book 73, Page 5, and being designated thereon as Lot No. 1.
9. The Mortgage is in default because monthly payments of principal upon said
Mortgage due June 1, 2011 and each month thereafter are due and unpaid, and by
the terms of said Mortgage, upon failure of Defendants to make such payments after a
date specified by written notice sent to Defendants, the entire principal balance
thereon are collectible forthwith.
10. Defendants are indebted to Plaintiff under the Note and Mortgage as follows:
Principal Balance as of April 1, 2012: $_27_,422.19
Late Fees: $ 80.00
Total Amount Due: $ 27,502.19
11. Said mortgage provides that the Lender, Plaintiff, is entitled to attorney's fees
and costs of title evidence to the extent permitted by law.
12. Pursuant to the notice provisions of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. §
1680.403(c), Plaintiff sent Notice of Intention to Foreclose Mortgage dated February
10, 2012 to Defendant by certified mail, return receipt requested and by first class
mail. A true and correct copy of the Notice of Intention to Foreclose Mortgage sent to
Defendant, Kathy Miller-Smith, is attached hereto as Exhibit "B".
13. Defendant has failed to cure the default.
14. Defendant has failed to meet with the Plaintiff or any of the consumer credit
counseling agencies listed in the notice and have further failed to meet the time
limitations specified in the notice.
WHEREFORE, Plaintiff demands judgment of mortgage foreclosure against the
mortgage property in the sum of $ 27,502.19 , together with costs and attorney
fees.
Date:
Respectfully Submitted,
SAIDIS SULLIVAN & ROGERS
Y
By:
Robert B. Hamilton, Esq.
Attorney's I.D. No. 209202
26 West High Street
Carlisle, PA 17103
(717) 243-6222
Fax: (717) 243-6486
Counsel for Plaintiff
I
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.,
Plaintiff
V.
KATHY MILLER-SMITH
Defendants
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
NO.
CIVIL ACTION
VERIFICATION
I, Jerry Nichols, Executive Director of Cumberland Valley Habitat for Humanity,
Inc., being authorized to do so on behalf of Cumberland Valley Habitat for Humanity,
Inc., hereby verify that the statements made in the foregoing pleading are true and
correct to the best of my information, knowledge 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.
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.
Date: 4 By:
$,6- 35a" //
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on September 23,1999. The mortgagor
is KATHY L. MILLER, whose address is 40 West Baltimore Street, Carlisle, Cumberland County,
Pennsylvania 17013 ("Borrower"). This Security Instrument is given to CUMBERLAND VALLEY
HABITAT FOR HUMANITY, INC., a Pennsylvania non-profit corporation with mailing address of
P.O. Box 147, Carlisle, Cumberland County, Pennsylvania ("Lender"). Borrower owes Lender the
principal sum of FORTY SEVEN THOUSAND EIGHT HUNDRED EIGHTY AND XX /100
Dollars (U.S. S47,M.00). This debt is evidenced by Borrowers note dated the same date as this
Security instrument ("Note"), which provides for monthly payments. with the full debt, if not paid
earlier, due and payable on November 1, 2024. This Security instrument secures to Lender. (a) the
repayment of the debt evidenced by the Note, and all renewals, extensions
security of this Security
the payment of all other sums advanced under paragraph 7 to protect the Instrument; and (c) the performance of Borrowers covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, convey grant and to
Lender the following described property located in Cumberland County, Pennsylvania:
ALL THAT CERTAIN lot of ground situate in the Third Ward of the Borough of
Carlisle, Cumberland County, Pennsylvania, bounded and described as follows:
BEGRR-HNG at a nail on the southern right-of--way line of West Baltimore Street at
the corner of lands now or formerly of Ernest L. Harder; thence along the latter,
South 13 degrees 42 minutes 08 seconds West, a distance of 120.00 feet to an iron
pin on the northern side of a 10.00 feet wide alley; thence along the latter, North 76
degrees 17 minutes 52 seconds West, a distance of 32.50 feet to an iron pin on the
ti 'line of Lot No. 2 on the hereinafter mentioned plan of Lots; thence along the latter,
r_o` .?
U l ?- .,North 13 degrees 42 minutes 08 seconds East, s distance of 120.00 feet to an ?ron
'pin on the southern right-0f--way line of West Baltimore Street; thence along the
=latter, South 76 degrees 17 minutes 52 seconds East, a distance of 32.50 feet to a
r•: 2 nail, the PLACE OF BEGINNING.
6.1 C-)
I•- ..
?.a N
o kl 0- CONTAINING 3,900.00 square feet and being described according to a final minor
G m subdivision plan for Cumberland Valley Habitat for Humanity, Inc., by Larry V.
Cr Neidlinger, P.L.S., dated July 15, 1996, recorded in the. Cumberland County
• Recorder of Deeds Office in Plan Book 73, Page 5, and being designated thereon as
Lot No. 1.
p9od572 PAw 15
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights
and stock and all fixtures now or hereafter a part of the property. All replacements and additions
shall also be covered by this Security Instrument All of the foregoing is referred to in this Security
Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed
and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,
except for encumbrances of recor(L Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record.
Borrower and Lender covenant and agree as follows:
1. Payment of Principal; Prepaymest sad Late Charges. Borrower shall promptly
pay when due the principal of the debt evidenced by the Note and any late charges due under the
Note.
2. Fonds for Tares and lasuancL Subject to applicable law or to a written waiver by
Lender, Borrower shal I pay to Lender on the day monthly payments are due under the Note, until the
Note is paid in full, a sun ("Fords") equal to one4welfth of. (a) yearly taxes and assessments which
may attain priority over this Security Insument: and (b) yearly hazard insurance premiums. These
items are called "escrow items." Lender may estimate the Furls due on the basis of current data and
reasonable estimates of future escrow items.
The Funds shall be held in an institution the deposits or accounts of which are insured or
guaranteed by a federal or state agency. Lender shall apply the Funds to pay the escrow items.
Lender may not charge for holding and applying the Funds, analyzing the account or verifying the
escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender
to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the
Funds. Unless an agreement is made or applicable law requires 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 Ftmds 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 Security Instrument.
If the amount of the Funds held by Lender, together with the future monthly payments of
Funds payable prior to the dare dates of the escrow items, shall exceed the amount required to pay
the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to
Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held
by Lender is not sufficient to pay the escrow items when due. Borrower shall pay to Lender any
amount necessary to make up the deficiency in one or more payments as required by Lender.
eilod572 MM 16
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender. If under paragraph 19 the property is sold or acquired
by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its
acquisition by Lender, any Funds held by Lender at the time of application as a credit against the
sums secured by this Security Instrument
3. Application of Payments. Unless applicable law provides otherwise, all payments
received by Lender under paragraphs I and 2 shall be applied first, to late charges due under the
Note; second, to amounts payable under paragraph 2; and last, to principal due.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and
impositions attributable to the Property which may attain priority over this Security Instrument, and
leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner
provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time directly to
the person owed payment Borrower shall promptly furnish to Lender all notices of amounts to be
paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly
furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
manner acceptable to Lender; (b) contests in good faith the lien by, or dafends against enforcement
of the lien in, legal proceedings which in the Leaders opinion operate to prevent the enforcement of
the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender
determines that any part of the Property is subject to a lien which may attain priority over this
Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy
the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
Borrower shall not permit a second mortgage or the Bee of any other subordinate financing to
be placed against the property for five years from the date of the Note.
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 terra "extended
coverage°'and any other haurds for which Leader requires insurance. This insurance shall be
maintained in the amounts and for the periods that Lender requires. The insurance carrier providing
the insurance shall be chosen by Borrower subject to Lender's approval which shall not be
unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a
standard rhortgase clause. Lender shall have the right to hold the policies and renewals. If Lender
requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.
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.
.Bgod572?A1E 17
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied
to restoration or repair of the Property damaged, if the restoration or repair is economically feasible
and Lender's security is not lessened. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the insurance proceeds shall be applied to the sums aecured by
this security instrument, whether or not then due, with any excess paid to Borrower. If Borrower
abandons the Property, or does not answer within 30 days a notice from Lender that thean insurance
carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender r may
use the proceeds to repair or restore the Property or to pay sums secured by this Security imtrument,
whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payments referred to in
paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is
acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage
to the Property prior to the acquisition shall pass to Lender to the extent ofthe sums secured by this
Security Instrument immediately prior to the acquisition.
6. Preservation and Maintenance of Property; Use as Principal Residence.
Borrower shall not destroy. damage or substantially change the Property, allow the Property to
deteriorate or commit waste. Borrower shall occupy the Property at all times as a principal
residence and shall not lease the Property or any portion of the Property to any person.
7. Protection of Lender's Rights In the Property; Mortgage Insurance. If Borrower
fails to perform the covenants and agreements contained in this Security Instrument, or there is a
legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value ofthe Property and Lender's rights in the Property.
Lender's actions may include paying any sums secured by a lien which has priority over this Security
lnstrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to
make repairs. Althqugh Lender may take action under this paragraph 7, Lender does not have to do
so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of
Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of
payment, these amounts shell be payable upon notice from Lender to Borrower requesting payment
8. Inspection. Lender or its agent may make reasonable entries upon and inspections of
the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying
reasonable cause for the inspection
9. Condemnation. The proceeds of arty award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of any part of the Property, or
for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender.
eood572 rAa iS
In the event of a total taking of the Property, the proceeds shall be applied to the sums
secured by" Security Instrumard, whether or not then due, with any excess paid to Borrower. In
the event of a partial tatting of the Property, unless Borrower and lender otherwise agree in writing,
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction: (a) the total amount ofdte suns secured immediately before
the taking, divided by (b) the fair market value of the Property immediately before the taking. Any
balance shall be paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
condemnor offers to make an award or settle a claim for damages, BorrowEr fails to respond to
Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payments referred to in
paragraphs I and 2 or change the amount of such payments.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the
time for payment or modification of amortization of the sums secured by this Security Instrument
granted by Lender to any successor in interest of Borrower shall not operate to release the liability of
the original Borrower or Borrower's successors in interest Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or
otherwise modify amortization of the suns secured by this Security instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest Any forbearance by
Leader in exercising any right or remedy shall not be a waiver of or preclude the exercise of any
right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; C"ignom The
covenants and agreements of this Security Instrument shall bind and benefit the successors and
assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants
and agreements shall be joint and several. Any Borrower who ensigns this Security lnstrtanent but
does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and
convey that Borrower's interest in the Property underthe teems of this Security Instrument; (b) is not
personally obligated to pay the sums accrued by this Security Instrument; and (c) agrees that Lender
and any other Borrower may agree to extend, modify. forbear or make any accommodations with
regard to the terms of this Security instrument or the Note without that Borowees consent
12. Lou Charges. If the loan secured by this Security instrument is subject to a law
which sets maximum loan charges, and that law is finally interpreted so that the loan charges
collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
Eeed57 PACE . 19
limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under
the Note or by making a direct payment to Borrower. If a rdund reduces principal, the reduction
will be treated as a partial prepayment without any prepayment charge under the Note,
13. Legislation Affecting Leader's Rights. If enactment or expiration of applicable
laws has the effect of rendering arty provision of the Note orthis Security instrument unenforceable
according to its terms, Lender, at its option, may require immediate payment in full of all sums
secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If
Lender exercises this option, Lender shall take the steps specified in the second paragraph of
paragraph 17.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be
given by delivering it or by mailing it by first class mail unless applicable law requires use of
another method The notice shall be directed to the Property Address or any other address Borrower
ce to claw
designates by notice to Lender. Any notice to Lender shall be given
Borrower. I to
notice
s
address stated herein or arry other address Lender designates by no= provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender
when given as provided in this paragraph.
15. Governing Law; Sevembility. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located. In the event that any
provision or clause of this Security Instrument or the Note conflicts with applicable law, such
conflict shall not affect other provisions of this Security Instrument or the note which can be given
effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of
this Security Instrument
17. Transfer of tee Property or a Beneficial Interest In Borrower. Ifall or any part of
the Property or any interest in it is sold or transferred without Lemdet's prior written consent, Lender
may, at its option, require immediate payment in full of all sums secured by this Security Instrument
However, this option shall not be exercised by Lender ifexercise is prohibited by federal law as of
the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by
this Security Instrument without further notice or demand on Borrower.
OOK1572ntrt . 20
M Borrower's Rigbt to Reiastate- If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security instrument discontinued at any time prior to
the earlier of. (a) S days (or such other period as applicable law may specify for reinstatement)
before sale ofthe Property pursuant to any power of sale contained in this Security instrument; or (b)
entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a)
pays Lender all sums which then would be due under this Security instrument and the Note had no
acceleration occurred; (b) cures any default of any other covenams or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument; including, but not limited to, reasonable
attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of
this Security Instrument, Lender's rights in the Property and Borrowees obligation to pay the sums
secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower, this
Security instrument and the obligations secured hereby shall remain fully effective as if no
acceleration had occurred. However, this right to reinstate shall not apply in the can of acceleration
under paragraphs 13 or 17.
19. Acceleration; Remedies. Lender shall give notice to Borrower priorto acceleration
following Borrower's breech ofany covenant or agreement in this Security Instrument (but not prior
to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shell
notify Borrower of, among other things: (a) the default; (b) the action required to cure the default;
(c) when the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security instrument, foreclos= by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and the right to assert in the foreclosure proceeding the non-
existence of a default or any other defense of Borrower to acceleration and foreclosure. If the
default is not cured as specified, Lender at its option may require immediate payment in full of all
sums secured by this Security instrument without further demand and may foreclose this security
Instrument by judicial proceeding. Lender shall be entitled to, attorneys' fees and costs of title
evidence to the extent permitted by applicable law.
20. Leader in Possession. Upon acceleration under paragraph 19 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. Any rents collected by Lender or the receiver shall be applied first to payment of the
costs of management of the Property and collection 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 Security Instrument
21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall
discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation
costs.
B001(?J"I21t0E A
22. Reinatntmcnt Period. Borrower's time to reinstate provided in paragraph 18 shall
extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to
this Security Instrument
23. Purchase Money Mortgage. If arty of the debt secured by this Security Instrument is
lent to Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money
mortgage.
24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a
judgment is entered on the Note or in an action of mortgage foreclosure shall be the legal rate.
25. Further Obligation of Borrower. Borrower and Lender have entered into a certain
Right of First Refusal and Shared Appreciation Agreement dated the same date as this Security
Instrument, and Borrower agrees that any actual or attempted breach or violation by Borrower of
that Agreement shall be a default under this Security Instrument and shall entitle Lender to exercise
all of its rights under this Security Instrument, including acceleration
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this Security Instrument
Witness- d?wq-- (Seal)
Kathy I. Mi r
COMMONWEALTH OF PENNSYLVANIA )
): ss.
COUNTY OF CUMBERLAND )
On this, the 23d day of September, 1999, before me, the undersigned officer, personally
appeared KATHY L. MILLER, known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument, and acknowledged that she executed the same for the
purposes therein contained
IN WITNESS WHEREOF, I hereunto set r hand and official seal.
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ACT 91 16 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: February 10, 2012
To: Kathy Miller-Smith
40 West Baltimore Street
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT
TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.
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 TO
SAVE YOUR HOME. This Notice explains how the program works,
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet 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 may 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 OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
Homeowner's Name(s): Kathy Miller-Smith
Property Address: 40 W. Baltimore Street, Carlisle, PA 17013
Original Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation,
Current Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation
39 Heisers Lane, Carlisle, PA 17015
HOMEOWNERS 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. 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 THE NEXT THIRTY (30) 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 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 a default for the reason 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 thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR 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 IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
2
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located
at: 40 W. Baltimore Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End June 1, 2011 thru February 10, 2012 at $323.90 per
month.
Monthly Payments Plus Late Charges Accrued $ 3,005.10
NSF: $ 0
Inspections: $ 0
Other $ 0
(Suspense) $ 0
Total amount to cure default $3,005.10
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,005.10, 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: Cumberland Valley Habitat for Humanity, Inc., 39 Heisers Lane,
Carlisle, PA 17015, (717) 258-1830. You can cure any other default by taking the following action within
THIRTY (30) DAYS of the date of this letter.
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
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 attorney to start legal action to
foreclose upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.
Any attorney's fees will be added to the amount owed to 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
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 paving
the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as
specified in writing by the lender and by performing any other requirements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs
Sale of the mortgage property could be held would be approximately SIX (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: Cumberland Valley Habitat for Humanity, Inc.
39 Heisers Lane, Carlisle PA 17015
phone - (717) 258-1830 fax - (717) 258-1830
email - cvhfh@earthlink.net
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE - You _ may or X 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 cost 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.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
Very truly yours,
SAIDIS SULLIVAN & ROGERS
Jason E. Kelso, Esquire
cc: Jerry Nichols, ED CVHFH
Mailed by 1St Class mail / Certificate of Mailing and Certified Mail No.:
4
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
PA Interfaith Community Programs, Inc.
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
5
7 Plaintiff(s)
VS. ( c rr
Dee dantr?
O
FORM 1
[
?'
IN THE COURT OF COMMON PLEAS OF r n
T r
F
?
CUMBERLAND COUNTY, PENNSYLVANIA=rr--
sv
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Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
if you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Date
Respectfully submitted:
Signature of Counsel for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOMERIPRIMAR •
Borrower name (s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Yes E] No ? Listing date:
Borrower Occupied: Yes ?
Mailing Address (if different)
City:
Phone Numbers: Home:
Cell:
State: Zip: _
Price: $
Realtor Phone:
State: Zip: _
Office:
Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City:
Phone Numbers: Home:
Cell:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Primary Reason for Default:
Included Taxes and Insurance:
No ?
State: Zip:
Office:
Other:
Is the loan in Bankruptcy? Yes E] No E] If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other:
Amount Owed:
Automobile #1: Model:
Amount owed:
Automobile #2: Model:
Amount owed:
Other transportation (automobiles, boats, motorcycles)
Year: Amount owed:
Value:
Value:
Model:
Value:
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1.
2.
Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paving)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other Prop. Payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes? No?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Monthly Gross
Monthly Gross
Monthly Gross
Value:
Year:
Yea r:
Monthly Amount: _
Monthly Amount: _
Co-Borrower Pay Days:
Fax:
Monthly Net
Monthly Net
Monthly Net
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/we
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
FORM 3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
Civil
Pursuant to the Administrative Order dated ' 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
FORM 4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
Defendant(s)
AND NOW, this day of
,20
Civil
, the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on
at . M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
CASE MANAGEMENT ORDER
Court of the defendant/borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.,
Plaintiff
V.
KATHY MILLER-SMITH
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 12-3272 Civil
CIVIL ACTION =?
AFFIDAVIT OF SERVICE _<
I, Robert B. Hamilton, Esquire, being duly sworn according to law, hereby
deposes and says that on May 25, 2012, I served a true and correct copy of the Notice
of Complaint in Foreclosure and the Complaint in Foreclosure upon Kathy Miller-
Smith, by mailing those documents to her address at 40 West Baltimore Street,
Carlisle, PA 17013 by Certified U.S. Mail, Return Receipt Requested, as evidenced
by the attached U.S. Postal Service Form 3811, Domestic Return Receipt.
Respectfully submitted,
SAIDIS, SULLIVAN & ROGERS
Dated: `> 3 I /4 _.-Y??
Robert B. Hamilton, Esquire
ID No. 209202
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
0! Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦' Print your name and address on the reverse
so that we can return the card to you.
N Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Lto
A. Signature '
X ? Agent
( ? Addressee
B. Received by (Printed Name) I C.-Pate of Deliverv
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
L$ C rtified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7010 0290 0000 6470 9519
(transfer from service label)
Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.
Plaintiff,
v.
KATHY MILLER-SMITH
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSLYVANIA
NO. 12-3272
CIVIL ACTION
~3 1 t `~~
TO THE PROTHONOTARY: ~~ "~ r r--;
~~ ~ ~~:
Please withdraw Plaintiff's Complaint without prejudice. .~~~ ~_.="r
~ c-: ~ `~ -~°~
a,, C ~' ~' ~ ~ .
Respectfully submitted, ~ -.- ==~
.. ,=~
SAIDIS, SULLIVAN 8~ ROGERS
Date: ~, ( I ~ J ~
By: ~~~~~
Robert B. Hamilton, Esquire
Attorney I.D. No. 209202
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Fax: (717) 243-6486
bham iltonCa~ssr-attorneys. com
Counsel for Plaintiff