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CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS O~
FOR HUMANITY, INC., CUMBERLAND COUNTY, PA
Plaintiff
v. NO. ~ ~3~ ~v~L
TAMI R. CAREY
Defendant CIVIL ACTION
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 c mplaint
and notice are served, by entering a written appearance personally or by attor e~ 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 ydu and a
judgment may be entered against you by the court without further notice for an~ rrioney
claimed in the complaint or for any other claim or relief requested by the plain 'ff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF OU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH E~OW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HI 'I~JG A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY B~E ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY'OIFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FE~.
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Cumberland County Bar Association ~3 ,
32 South Bedford St. ~ r
Carlisle, Pennsylvania ~
Telephone number (717) 249-3166 ~x -~~ca
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CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF
FOR H[LJMANITY, INC., CUMBERLAND COUNTY, PA
Plaintiff
No. / 2 - ss3 ~
TAMI R. CAREY
Defendant CIVIL ACTION
COMPLAINT
1. Plaintiff, Cumberland Valley Habitat for Humanity, Inc., is a Pennsylvar~ia~ non-
profit corporation with a mailing address of 39 Heisers Lane, Carlisle, Penn~ylwania
17015 (hereinafter "Plaintiff').
2. Defendant, Tami R. Carey, is an adult individual residing at 438 North Pitt
Street, Carlisle, Pennsylvania, 17013 (hereinafter "Defendant").
3. Defendant is the owner of the real property subject to the mortgage d~sCribed
below.
6. On or about January 5, 2004, in consideration of her indebtedness to PI irhtiff in
the amount of Fifty-Two Thousand Five Hundred Eighty-Four dollars ($52, 81.00),
Defendant made, executed and delivered to Plaintiff her promissory note in awor of
Plaintiff, in the amount of Fifty-Two Thousand Five Hundred Eighty-Four) dlolfars
($52,584.00) (the "Note").
7. As security for the performance of her obligations under the Note, D ~fehdant
made, executed and delivered to Plaintiff a mortgage upon the real property to ted at
438 North Pitt Street, Carlisle, Pennsylvania (the "Mortgage"), which Mort age is
recorded in the Office of the Recorder of Deeds of Cumberland County in orkgage
Book 1850 Page No. 3681. A true and correct copy of the Mortgage is ttached
hereto, made a part hereof and marked as Exhibit "A."
8. The Mortgage covers the following described property:
ALL that certain tract of land situated in the Borough of Carlisle, Cumberland Clounty,
Pennsylvania, bounded and described as follows:
ON the North by lot now or formerly of John Kinert; on the East by North Pitt St eet; on
the South b y I ott now or formerly of Clarence Shambaugh, and on the West b~i ~n
alley; containing thirty (30) in front on North Pitt Street and extending an even vlridth
one hundred and sixty (160) feet to said alley, more or less.
BEING the same property which Russell J. Brenneman and Irene Z. Brennemain,
husband and wife, granted and conveyed to Cumberland Valley Habitat for Hurlianity,
Inc., by deed dated December 12, 1999, which Deed is recorded in the Office df the
Recorder of Deeds in and for Cumberland County in Deed Book 215, Page 60.
9. The Mortgage is in default because monthly payments of principal uppn said
Mortgage due November 1, 2011 and each month thereafter are due and unp id, and
by the terms of said Mortgage, upon failure of Defendant to make such payme is after
a date specified by written notice sent to Defendant, the entire principal alance
thereon are collectible forthwith.
10. Defendant is indebted to Plaintiff under the Note and Mortgage as followls:
Principal Balance as of September 1, 2012: $35,419.79
Late Fees: 100.00
Total Amount Due: $35,519.79
11. Said mortgage provides that the Lender, Plaintiff, is entitled to attornejr'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, 3~P.S. §
1680.403(c), Plaintiff sent Notice of Intention to Foreclose Mortgage dated F bruary
10, 2012 to Defendant by certified mail, return receipt requested. A true ands correct
copy of the Notice of Intention to Foreclose Mortgage sent to Defendant, tami R.
Carey, 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 t~e time
limitations specified in the notice.
WHEREFORE, Plaintiff demands judgment of mortgage foreclosure ag inst the
mortgage property in the sum of $35,519.79, together with costs and attorney f~es.
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Respectfully Submitted,
SAIDIS SULLIVAN 8~ ROGERSI
Date: 4' ' ~ 12` By: ~ i4%
Robert B. Hamilton, Esq.
Attorney I.D. No. 209202
26 West High Street
Carlisle, PA 17103
(717) 243-6222
Fax: (717) 243-6486
Counsel for Plaintiff
T- , _ _
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CUMBERLAND VALLEY HABITAT :COURT OF COMMON PLEAS bF
FOR HUMANITY, INC., CUMBERLAND COUNTY, PA
Plaintiff
v.
NO.
TAMI R. CAREY
Defendant CIVIL ACTION
VERIFICATION
I, Jerry Nichols, Executive Director of Cumberland Valley Habitat for Humanity,
Inc., being authorized to do so on behalf of Cumberland Valley Habitat for H~rnanity,
Inc., hereby verify that the statements made in the foregoing pleading are true and
correct to the best of my information, knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Sectioh 4904,
relating to unsworn falsification to authorities.
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.
/j /
Date: !"t ~ ~ 7 ?-a 1 Z gy.
E cutiv Director
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MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on January 5, 2004. The mortgago$- is
TAMI R. CAREY, single person, whose address is 438 North Pitt Street, Carlisle, Cumberland
County, Pennsylvania 17013 ("Borrower"). This Security Instrument is given to CUMBERLAI~ID
VALLEY HABITAT FOR HUMANITY, INC., a Pennsylvania non-profit corporation wpth
mailing address of P.O. Box 147, Carlisle, Cumberland County, Pennsylvania ("Lender"). Borro~?er
owes Lender the principal sum of Fifty-two Thousand, Five Hundred Eighty-four Dollars and
00/100 (U.S. $52,584.00) This debt is evidenced by Borrower's 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 January 1, 2029. This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, and all renewals, extensions and modifications; (b) the
payment of all other sums advanced under paragraph 7 to protect the security of this Security
Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey; to
Lender the following described property located in Cumberland County, Pennsylvania:
SEE EXHIBIT "A" (LEGAL DESCRIPTION) ATTACHED
With address of 438 North Pitt Street, Carlisle, PA 17013
TOGETHER WITH all the improvements now or hereafter erected on the property, andall
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 ofthe estate hereby conveyed
and has the right to mortgage, grant and convey the Property and that the Property is unencumberied,
except for encumbrances of record. Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record.
Borrower and Lender covenant and agree as follows:
1. Payment of Principal; Prepayment and 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. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by
Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until!the
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Note is paid in full, a sum ("Funds")equal to one-twelfth of: (a) yearly taxes and assessments which..
may attain priority over this Security Instrument; and (b) yearly hazard insurance premiums. These
items are called. "escrow items." Lender may estimate the Funds 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 orb
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 orverifying 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 Funds showing credits and debits to the Funds and the;
purpose for which each debit to the Funds was made. The Funds are pledged as additional security!
for the sums secured by this Security Instrument.
If the amount of the Funds held by Lender, together with the future monthly payments ofl
Funds payable prior to the due 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.
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 1 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 shah 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.
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Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless Borrower: (aj agrees in writing to the payment of the obligation secured by the lien in
manner acceptable to Lender; (b) contests in goad faith the lien by, or defends against enforcement
of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement o~
the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien ari
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lendet
determines that any part of the Property is subject to a lien which may attain priorit~~ over this
Security Instrument, Lender may give Borrower a notice identifying the Iien. Borrower shall satisfjf
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 LIEN OF ANY?
OTHER SUBORDINATE FINANCING TO BE PLACED AGAINST THE PROPERTY FOR
FIVE PEARS FROM THE DATE OF THE NOTE.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended'
coverage" and any other hazards for which Lender requires insurance. This insurance shall b
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 bey
unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard
mortgage 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 thel
event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may;
make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in 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 secured 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 the insurance;
carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Securit~~ Instrument,
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 i
1 aild 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by
Lender, Bon•ower'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 of the sums secured by this
Security Instrument immediately prior to the acquisition.
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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, nor allow any illegal activity to occur on the Properly. Borrower shah
occupy the Property at all times as a principal residence and shall not lease the Property or an~~
portion of the Property to any person.
7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrowed
fails to perform the covenants and agreements contained in this Security Instrument, or there is
legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding
bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do an~
pay for whatever is necessary to protect the value of the Property and Lender's rights in the PropertyF
Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Properly t
make repairs. Although Lender may take action under this paragraph 7, Lender does not have to dq
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 shall be payable upon notice from Lender to Borrower requesting payment;
S. 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 any award or claim for damages, direct o>C
consequential, in connection with any condemnation or other taking of any part of the Property, oi~
for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender.
In the event of a total taking of the Properly, the proceeds shall be applied to the sump
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. Ir1
the event of a partial taking 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 proceed
multiplied by the following fraction: (a) the total amount of the sums secured immediately befortj
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 td
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.
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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 paragraph$
1 and 2 or change the amount of such payments.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofth~
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 o~
the original Borrower or Borrower's successors in interest. Lender shall not be required tq'
commence proceedings against any successor in interest or refuse to extend time for payment ol~
otherwise modify amortization of the sums secured by this Security Instrument by reason of an
demand made by the original Borrower or Borrower's successors in interest. Any forbearance b}
Lender 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; Co-signors. Thy
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 covenant
and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument bui
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 under the terms of this Security Instrument; (b) is nod
personally obligated to pay the sums secured by this Securit3~ Instrument; and (c) agrees that Lender
and any other Borrower may agree to ea~tend, modify, forbear or make any accommodations with'
regard to the terms of this Security Instrument or the Note without that Borrower's consent.
12. Loan 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'
limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be irr
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under,
the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will'
be treated as a partial prepayment without any prepayment charge under the Note.
13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable
laws has the effect of rendering any provision of the Note or this 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.
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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 anothex
method. The notice shall be directed to the Property Address or any other address Borrower
designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender'$
address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lende>~
when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed bye
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 o
this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of
the Property or any interest in it is sold or transferred without Lender's prior written consent, Lenderl
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 if exercise is prohibited by federal law as ofd
the date of this SecuritS~ 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 ail 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.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower;
shall have the right to have enforcement of tlus Security Instrument discontinued at any time prior to
the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement),'
before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b)
entry of a judgment enforcing this Securit~~ 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 covenants 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 Borrower`s 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 '
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acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration
under paragraphs 13 or 17.
19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not print
to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall
notify Borrower of, among other things: (a) the default; (b) the action required to cure the default;
(c) when the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Securit~~ Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any othet
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. Lender 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 ente>~
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 thel
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.
22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall]
extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to';'
this Security Instrument.
23. Purchase Money Mortgage. If any of the debt secured by this Security liistrument is
lent to Borrower to acquire title 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.
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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 Securit3~
Instrument, and Borrower agrees that any actual or attempted breach or violation by Borrower of that
Agreement shall be a default wider this Security Instrument and shall entitle Lender to exercise all of
its rights under this Security Instrument, including acceleration.
B Y SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Security Instrument.
Witness:r,= - 7
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(Seal)
amt R. C ey
I hereby certify that the precise residence and complete post office>a.ddress of the within
Mortgagee is: P.O. Box 147, Carlisle, PA 17013
.f •
~torney nt o o~agee
COMMONWEALTH OF PENNSYLVANIA )
ss.
COUNTI' OF CUMBERLAND )
On this, the 5`y' day of January, 2004, before me, the undersigned officer, personally appeared
Tami R. Carey, single person, 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 m h d d offici s 1.
l
AL)
Notary Public
RCS/72-03 ' Ftc~ti~ L fJIJr~Rh.Y: I~l7tatr~ ;~#!~Itii~f: 7f ~
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ACT 91 / 6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE '
Date: February 10, 2012
To: Tami Carey
438 N. Pitt Street
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A .DEBT. THIS-NOTICE tS 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. !F YOU HAVE
PREVIOUSLY RECEIVED. A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE tS NOT AN~
SHOULD NOT BE CONSTRUED 70 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 paces.
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_servina your County ark
listed at the end of this Notice If you have any questions you may call the Pennsylvania Housnq Financ~
Agency toll free at 1-800-342-2397 (Persons with impaired heanng 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 ARRIBAi
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): Tami Carey
Property Address: 438 N. Pitt 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
Loan{08886000050)
1
r,
T`- T
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 8Y 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 thaf time you must
arrange and attend aface-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,
f 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, 'j
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 MllST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL 70 DO SO OR IF YOU DO NOT
FOLLON~ 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 1N 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 sill apply for Emergency Mortgage Assistance)
_ - _ _ T _ 1.
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT -The MORTGAGE debt held by She above lender on your property located,
at: 438 N. Pitt Street, Carlisle, PA 17013 !S 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 October 1, 2011 thru February 10, 2012 at $505.09
per month.
Monthly Payments Plus Late Charges Accrued $ 2,575.45
NSF: $ 0
Inspections: $ 0
Other $ 0
(Suspense) $ 0
Total amount to cure default $ 2,575.45
B. YOl' HAVE PALLED 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 j
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS Z 575.4x, 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 mortga e 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 dour 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 oi,~er sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRLOR TO SHERIFF'S SALE - If you have not cured the default within
THIRTY (30) DAY period and foreclosure proceedings have begun, you stiN 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. ;
f' i
f
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 a!
any time.
ASSUMPTION OF MORTGAGE -You _ may or X may not (check one) sell or transfer your home tm
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 THlS 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 THtS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES !N 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,
SAID15 S IVAN 8~ ROGirRS
Ja . K Iso, quire
cc: Jerry Nichols, ED CVHFH
Mailed by 1s` Class mail /Certificate of Mailing and Certified Mail No.; ~7~JD D2~' p ~1 d001~y $'72 ~
_
_ _ , -r-_ _ _ _ _ _
I' !
Y
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
PA Interfaith Community Programs, fnc.
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
200D Linglestown Roatl
Harrisburg, PA 17102
888,511.2227
Community Acfion Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Maranatha
43 Philadelphia Avenue
WaynesUoro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
_ _ _
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FORM 1
Cvm~c\cav~c~l U0.tIQ : IN THE COURT OF COMMON PLEA$ OF
N v~nr~.m ~ ~ ~ ~ ~ CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
C') ~ ~.,-.i
C ~
r ~
Defendant(s) ~
~ j
q~
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE ~ ~ r~ ~~t
DIVERSION PROGRAM ~~-,c
t
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 t~
participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender.
ff you do not have a lawyer you must take the following steps to be eligible for
COnCiliation Conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Leg I
Services at (717}243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representativ ,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the leg I
representative within twenty (20) days of the appointment date. During that meeting, you must provide the leg~l
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 w~ll
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) da~s
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have a
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lend~r
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps tb
be eligible for a Conciliation conference. It is not necessary for you to contact MidPenn Legal Service for tt~e
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so th~t
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the forma
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 conciliatioj~
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work o~t
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
/F YOU W/SH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE TH~
STEPS REQU/RED BY THIS NOTICE. THIS PROt;RAM /S FREE.
Respectfully submitted:
~-6 f ~
Date Signature of Counsel for Plaintiff
FORM 2
Cuinberiand 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:
Borrower name (s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ? No ? Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied: Yes ? No ?
Mailing Address (if different)
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cel I: Other:
EmaiL•
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender.
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes and Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $ -
Investments: $ $ -
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats. motorcvclesl: Model:
Year: Amount owed: Value:
Monthly Income
Name of Employers:
1, Monthly Gross Monthly Net
2, Monthly Gross Monthly Net
3, Monthly Gross Monthly Net
Additional Income Description (not wages): '
1, Monthly Amount:
2, Monthly Amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses• (Please only include expenses you are currently oavinQl
EXPENSE AMOUNT EXPENSE AMOUNT
Mort a e 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 Su ort/Alim. S endin Money
Day/Child Care/Tuit. Other Ex enses
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): Fax:
Email:
_ _ T.__ . I I P
A
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:
I/We, authorize the abov
named to use/refer this information to my lender/servicer for the sol$
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 anal
lender counsel:
J Proof on income
d Past 2 bank statements
V Proof of any expected income for the last 45 days
~ Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
d (hardship letter)
Listing agreement (if property is currently on the market)
~l Copy of 2 years of federal income tax returns
~ Copy of deed
_ _ _ I T_ P ~
FORM 3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
Defendant(s) Civil
REQUEST FOR CONCILIAT/ON CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the Cumberland)
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies a~
follows:
1. Defendant is the owner of the real property which is the subject of this mortgag~
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primar~
residence;
3. Defendant has been. served with a "Notice of Residential Mortgage Foreclosure Diversiofi
Program: and has taken all of the steps required in that Notice to be eligible to participate in ~
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 tp
authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
_ . i , t
f
•
FORM 4
tN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
Defendant(s) Civil
CASE MANAGEMENT ORDER
AND NOW, this day of , 20 ,the defendant/borrower i
the above-captioned residential mortgage foreclosure action having filed a Request folr
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-supervises
conciliation Conference on at M. ih
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, thle
defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of thle
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upoh
agreement of the parties in writing or at the discretion of the Court, the Conciliatioh
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 thje
r
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 Conciliatior}
Conference in person and an authorized representative of the plaintiff/lender mush
either attend the Conciliation Conference in person or be available by telephon¢
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess th~
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representativ@
in advance of the Conciliation Conference. If the duly authorized representative olf
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 tb
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing
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;
r
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,
1.'.
N
W1.0f valley a"kv ti" Plaintiff(s)
,rA C
VS.
IQle-y Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil
REQUEST FoR CONCIL/ TICN
I, ,
{
N
0
Z n
L n -4 C
GC3 -O CS'T'
CD
=C)
T? ? T
Pursuant to the Administrative Order dated 2012 governing the Cumberlarw
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies a$
follows:
1. Defendant is the owner of the real property which is the subject of this mortgaO
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primari
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diverslo?
Program: and has taken all of the steps required in that Notice to be eligible to participate in
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. 44904 relating to unsworn falsification tb
authorities.
Signature of Defendant's Counsel/Ap ed
Legal Representative Brv? 7 u/d?(G,?cvl'ey?
a 3a o iv 7+.?rd st
0(74 ° r9g
B /P
11 y a
Signature of Defendant
Date
Date
Signature of Defendant Date
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.,
Plaintiff
V.
TAMI R. CAREY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 12-5538
CIVIL ACTION
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff,
P.C., do hereby certify that a true and correct copy of the Request for Conciliation Conference
was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following:
Robert B. Hamilton, Esquire
Saidis Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Date: October 12, 2012
Court Administration
County of Cumberland
One Courthouse Square
Carlisle, PA 17013
CUNNINGHAM & CHERNICOFF, P.C.
Julieanne Ametrano
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17110
Telephone: (717)238-6570
F:\Home\BJVADOCS\CAREY.TAMI\COS.Request for Conciliation Conference.wpd
CUMBERLAND VALLEY
HABITAT FOR HUMANITY,
Plaintiff
vs.
TAMI R. CAREY
Defendant
IN THE COURT OF COMMON PLEAS (JF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 12-5538 CIVIL
CASE MANAGEMENT ORDER
AND NOW, this l~~ day of October, 2012, 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:
Che parties and their counsel are directed to participate in acourt-supervised
conciliation Conference on ~~~z~~/~~D/a , at /D; 3 r) c~, m. in Chambers
No. 4 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 dis~~cretion 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
Court of the defendant/borrower's failure to serve the completed Form 2 within the
time frame set forth herein or such other date as agreed upon by the partiE°s 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 plaintiff7lender 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
aver sixty rnonths; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
/ Robert B. Hamilton, Esquire
26 West High Street
Carlisle, PA 17013
For the Plaintiff
~' Bruce .i. Warshawsky, Esquire
2320 N. Second Street
Harrisburg,l'A 17110
For the Defendant
~~
BY THE COURT,
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Kevin .Hess, P.J.
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CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.,
Plaintiff
v.
IN THE COUR"r OF COMMON PLEAS
CUMBERLAND COiJNTY,
PENNSYLVANIA
NO: 12-5538
CIVIL ACTION ~_-.~
TAMI R. CAREY, ; cC = ~{
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Defendant ~' m ° -~
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PRAECIPE ;~ c-} ~ ` ~ c-:.
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"I'O 1'HE PROTHONOTARY: ~~ ,J ~~}
Please kindly file the attached "Cumberland County Residential Mortgage Foreclosure
Diversion Program Financial Worksheet (Form 2)" which has been completed by the Defendant,
Tami Carey, this date.
& CHERNICOFF, P.C.
Date: November 19, 2012 B
DnAIjG w arsnaws , quire
Sup me Court . # 8799
2320 North S o Street
Harrisburg, P 1711.0
Telephone: (717) 238-6570
Attorney for Defendant
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A m Im t, ~ p..,.-
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date G
Cumberland County Court of Common Pleas Docket # 1 Z- 553 p
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:
Borrower name (s):
Property Address: ~ ~.
City: a rL i SL p State: ~_ zip: / 7d / 3
Is the property for sale? Yes ^ No ~ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied: Yes ~ No
Mailing Address (if different) SAm o_
City: State: Zip:
Phone Numbers: Home: _ Office:
Cel1{7]'T~ yNa ~6 / T G other:
Email:
# of people in household: How long?
Mailing Address:
City:
Phone Numbers: Home:
Cell:
Email:
# of people in household:
How long?
First Mortgage Lender: L ~/, ~ , / C ~f ~,. 1. `~
Type of Loan: ('_~s N Vo..~-ifi~,~ Q. (, 1j-{ V7
`tirL
Loan Number: Yd Date You Closed Your Loan: ~ - ~(~ 6
Second Mortgage Lender: y ~ G
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ 605, ~ q Included Taxes and Insurance: /
Date of Last Payment: /O - oZ.O I ~
Primary Reason for Default: ,
State:
Office:
Other:
Zip:
Is the loan in Bankruptcy? Yes ^ No~ If yes, provide names, location of court, case number & attorney:
y Y
`-~.<
Assets Amount Owed:
Home: $ ~i s_ S(~, 7 1
Other Real Estate: $ ~ a
Retirement Funds: $ !1
Investments: $ N (~
Checking: $ ~rA- ~.
Savings: $ ~ (~
Other: $
Automobile #1: Model: ~ -( q ~] AO
Value:
s ~d5 iooo
$ t~~
Amount owed: `8' Value: 1.,5 00
Automobile #2: Model: V R
Amount owed: Value:
Other transportation lautomobiles, boats. motorcvclesl: Model:
Year: Amount owed: Value:
Year:
Year:
Monthlv Income
Name of Employers:
1. ~~--~,~ra.-~
r
2. S"w. ~ ~
3.
Additional Income Description (not wages):
1.
2.
Borrower Pay Days:~YL't~L1 KS
g
information:
Monthlv Exoenses• (Please only include expenses you are currently pavinal
EXPENSE AMOUNT EXPENSE AMOUNT i
Mort a e ~' Food G
2" Mortgage ~!l Utilities ,
Car Payment(s) ~ Condo/Neigh. Fees a-
Auto Insurance ~j S , pp Med. (not covered)
Auto fuel/repairs ,~,~-h ~ Other Prop. Payment ~
Install. Loan Pa ment ..er Cable TV p.
Child Su port/Alim. e-- 5 endin Money ~yra~,,t}-/~,
Day/Child Care/Tuit. .,,~ Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses ~ ~ L~ ~ ~ ~ .-
Have you been working with a Housing Counseling Agency?
Yes ® No
If yes, please provide the
Counseling Agency:
Counselor:
Phone (Office):
Email:
Monthly Gros Monthly Ne
Monthly Gross .~ Monthly Net ~ V ~~(~ jj'
Monthly Gross Monthly Net
Monthly Amount:
Monthly Amount:
Co-Borrower Pay Days:
LC 5
~~$-5ti!-2227 ~-`l~t(o Fax: 7t7 - S~l~ --51(0 ~ZQ
Q. G`e i n ~~ L.i.dtJ c~n~}-o~ e. C S Q ~'q
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M
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
CaCC e(~ 1-l a "^aP 7~ieY c~~rc ~~' 7~11~Ng R~5 ,vo F-'u~vp$
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:
named
` ~ J 1 I / !G l~.
Borr wer ignature Date
Borrower Signature Date
I/We, 7m; R •Ca~ c,/ ,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
Please forward this document along with the fol{owing information to lender and
lender counsel:
~ Proof on income
~! Past 2 bank statements
d Proof of any expected income for the last 45 days
N~'c~/ Copy of a current utility bill
~ 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
d Copy of deed
t
Seaton LLC STATEMENT OF EARNINGS FOR: CHECX DATE CHECX# NET PAY
860 W Evergreen CAREY, TAMI R
Chicago, IL 60642 11/16!2012 4803039 $343.15
xxx-xx-7032 PAY PERIOD
0164#Mail# T
I 1/OS/i2 - 11/l 1/12
F.1 RNINfi
Reg
Reg
Reg-0T
TON HQUB.Y° ". P.lYRlT~~ '-' TOT.;!LPAY
31.50 10.00 $315.00
8.50 10.00 $85.00
2.00 15.00 $30.00
CARLISLE AREA S D LST 0 50.04 $0.00
CARLISLE BURO LST 0 $I.00 $3.00
Empioyec Potion Medicare tax 0 56.24 512.04
Emptcyeo Pa>•tioat. Soci+6 Security tax 0 518.06 $34.86
Federal-Slogs t 538.9') S36.09
~ FA Es~loyee Paid [Ic~emPi+ayment 0 Sp.34 54166
i' FASD21830 1 54.74 59.14
Pennrylvanis
SOUTH MIDDLETOTI TOWN PA 1 543.20 $25.48
1 54.30 58.30
~...,,,..~... e. --- -- -- •- --
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant for the Iaw office of Cunningham & Chernicoff,
P.C., do hereby certify that a true and correct copy of the attached Praecipe was sent first class
U.S. Mail, First Class Mail, postage prepaid on this date, to the following:
Robert B. Hamilton, Esquire
Saidis Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Date: November 21, 2012
Court Administration
County of Cumberland
One Courthouse Square
Carlisle, PA 17013
CL7NNINGHAM & CHERNICOFF, P.C.
-~ ~
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I3y. _-
J lieanne Ametrano
20 North Second Street
.O. Box 60457
arrisburg, PA 17110
Telephone: (717)238-6570
P: \liome\S,I W \DOCS\C AR EY.TAM I\praeci pe. wpd
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC., : COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PA
V.
TAMI R. CAREY : NO. 12-5538 MCC
Defendant CIVIL ACTION T
PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEA E r
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Cumberland Val
in the above referenced matter. ley Habitat for Humanity
Respectfully submitted,
Date: By:
SAIDIS, SULLIVAN& ROGERS
-��- 3
-
Robert B. Hamilton, Esq.
Attorney I.D. #209202
26 West High Street
Carlisle, PA 17013
(717) 243-6222
bhamilton@ssr-attomeys.com
Kindly enter my appearance on behalf of Cumberland Valley Habitat for Humanity
above referenced matter. y in the
Respectfully submitted,
SAIDIS, SULLIV & ROGERS
Date:
By:
Sean M. Shultz, Esq.
Attorney I.D. #90946
26 West High Street
Carlisle, PA 17013
(717) 243-6222
sshultzgssr-attorneys com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CUMBERLAND VALLEY HABITAT
FOR HUMANITY, INC.,
Plaintiff
V.
TAMI R. CAREY,
Debtor
No. 12-5538
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CIVIL ACTION
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PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance on behalf of the Cumberland Valley Habitat for
.5
Humanity, Inc., in the above referenced matter.
Date: February 27, 2014
Respectfully submitted,
SAIDIS, SULLIVAN & ROGERS
Sean M. Shultz, Esq.
Attorney I.D. # 90946
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Please enter my appearance on behalf of the Cumberland Valley Habitat for Humanity,
Inc., in the above referenced matter.
Date: 3 13 , 2014
Michael , A. Scherer, Esquire
Attorney I.D. # 61974
Buie Scherer, LLC
19 West South Street
Carlisle, PA 17013
Attorneys for Cumberland Valley Habitat
for Humanity, Inc.
CUMBERLAND VALLEY : IN THE COURT OF COMMON PLEAS OF
HABITAT FOR HUMANITY INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
v.
TAMI R. CAREY,
Defendant
NO. 2012-5538 CIVIL TERM
CIVIL ACTION -LAW
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above -captioned action as satisfied and discontinued without
prejudice.
Date: June 11, 2014
Respectfully submitted,
BARIC SCHERER LLC
ich el A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
ti
CERTIFICATE OF SERVICE
I hereby certify that on June 11, 2014, I, Jennifer S. Lindsay, secretary at Baric
Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Bruce Warshawsky, Esquire
Cunningham & Chernicoff, P.C.
2320 North Second Street
Harrisburg, Pennsylvania 17110