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HomeMy WebLinkAbout12-7343NEW CUMBERLAND FEDERAL CREDIT UNION 345 LEWISBERRY ROAD NEW CUMBERLAND PA 17070 PLAINTIFF V.S. ELIZABETH Z. GRASSMYER 98 NORTH ST. JOHNS ROAD CAMP HILL PA 17011 DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION r.., ;-- CUMBERLAND COUNTY ,= <°: ~:? 4~ Cvl~~ No. I a _ ~`13y 3 .~ ~ ~~ --~ MORTGAGE FORECLOSURE ~` NOTICE r~a ~~ ' F d ~_~ d., t:: .~ -~~, .~ ~, ~.~ -- . ~--, ~~s :"~ .~` 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 RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 .~ (717) 249-3166 ~' ~ _,,~' By: Nowell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Q`M~ ~~o3.7~a Q~ ~-~ ~3 8 ~ NEW CUMBERLAND FEDERAL CREDIT UNION 345 LEWISBERRY ROAD NEW CUMBERLAND PA 17070 PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY ELIZABETH Z. GRASSMYER NO. 98 NORTH ST. JOHNS ROAD CAMP HILL PA 17011 DEFENDANT MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. The Plaintiff is the New Cumberland Federal Credit Union with a principal place of business located at 345 Lewisberry Road, New Cumberland, York County, Pennsylvania 17070. Plaintiff is a federally chartered nonprofit credit union. 2. Elizabeth Z. Grassmyer (hereinafter referred to as "Defendant") is an adult residing at the addresses indicated in the caption hereof. 3. Plaintiff brings this action to foreclosure on the mortgage between Defendant and itself as Mortgagee. The Mortgage, dated June 9, 2010, was recorded on June 14, 2010 in the Office of the Recorder of Deeds in Cumberland County by Instrument Number 20101544. A copy of the Mortgage is attached and made part hereof as Exhibit "A". Plaintiff is the legal owner of the mortgage. 4. The Mortgage secures the indebtedness of a Note executed by Defendant on June 9, 2010, in the original principal amount of $34,627.56 payable to Plaintiff in monthly installments with an interest rate of 6.990%. A copy of the Note is attached and made part hereof as Exhibit "B". 5. The land subject to the mortgage is 98 North St. Johns Road, Camp Hill, Cumberland County, PA 17011. A copy of the Legal Description is attached as part of the Mortgage as Exhibit "A" and incorporated herein. 6 7 8 9. The Defendant is the Recorded Owner of the mortgaged property at 98 North St. Johns Road, Camp Hill, Cumberland County, PA 17011. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts aze due: Principal Balance Interest to 12/3/12 Accumulated Late Charges Cost of Suit and Title Seazch Attorney Fees Total $33,132.84 $ 1,977.96 $ 0.00 $ 300.00 (Estimated) $ 450.00 (As of 11/29/12) $35,860.80 Plus interest from December 4, 2012 at $6.22 per day, costs of suit and attorney's fees. The attorney's fees set forth above aze in conformity with the Mortgage documents (See Exhibit "B" at paragraph 4d) and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff s sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be chazged. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regulaz and certified mail on August 6, 2012. A copy of the Notice is attached and made part hereof as Exhibit «C~, WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff s favor and against the Defendant, in the sum of $35,860.80 together with the interest from 12/4/12 at $6.22 per day, costs of suit and attorney's fees. -' ~ ___ __ _.__ s By: Ste n Howell, E~uire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff 7°.77701278 .-fG~AE~_~_ ~_A~N F'R~ Ver~ificat~on PAGE 02/38 I verii~r tltat t?~e statements made in the forgoing document are true and correct. I understand that false stateme~ats herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. I vcriFy that I am the President of the New Cumberland Federal Credit Union and that I am authorized to execute this document. By: ~~~~ Donald Varner, NCFCU Date: ~~ ~~ NEnv Cc~s~st:~vn FenB. Ch~nrr t~nc~iv Your Communi>.~Cre~ t '~.~rxion P. O. Box 658, New nand, PA 17071) (7U) 774-7706 1-800-716-2328 PREPARED BY New Cumberland Federal Credit Union PO Box 658, New Cumberland, PA 17070 WHEN RECORDED, MAIL TO New Cumberland Federal Credit Union PO Box 658; New Cumberland, PA 17070 UNIFORM PARCEL IDENTIFIER: 13-23-0555-126 PREMISES: 98 N ST JOHNS ROAD CAMP HILL PA 17011 THIS MORTGAGE is made on Elizabeth Z Grassmyer (herein "Borrower"), and the Mortgagee, MORTGAGE 06/09!2010 ,between the Mortgagor, New Cumberland Federal Credit Union a IIIIINII~IIII~ corporation organized and existing under the laws of Commonwealth of Pennsylvania ,whose address is PO Box 658, New Cumberland, PA 17070 (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 34,627.56 which indebtedness is evidenced by Borrower's note dated 08/09/2010 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on 06/20/2025 ; TO SECURE to Lender the repayment of the indebtedness evidence y e o e, w merest thereon; the payment of all other sums, with Interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Bon'ower does hereby mortgage, grant and convey to Lender the following described property located in the County of Cumberland State of Pennsylvania: ' ~ EXHIBIT a a /~ E H PAGEt EPA21F(LASER) Parcel #13-23-0555-126 Township of Lower Allen EXHIBIT "A" ATTACHED which has the address of 98 N ST JOHNS ROAD crcet) CAMP HILL ,Pennsylvania 17011 ccny> wP code) (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which .shall be deemed to be and remain a part of the property covered by this Mortgage; and aN of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,. grant and convey .:the Property, and that .the Property. is unencumbered,: -axcept ;for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments. and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional Lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if PAGE2 EPA21F(IASER) Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying acid compiling said assessments and bills, 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 at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable taw requires such Interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the .Funds was made. The Funds are pledged. as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with- the future monthly installments of Funds payable pprior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pa taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise 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 Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, -fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 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", flood and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. . The insurance .carrier ,providing the. insurance shall be chosen by Borrower subject to .approval by Lender; provided, that such approvaC shall not be unreasonably withheld. All insurance pblicies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefds, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developmsnts. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall. perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. PAGE3 EPA21F (LASER) 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, .may make such appearances, disburse such sums, including reasonable attome~s' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed b)r Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower artd Lender agree to other terms of~payment, such ar'nounts shall be ISayabie upon nonce from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the. liability of the origginal Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or othewise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant. and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or r~odifyirag~this. ortgage alto-that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall. be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Propperty is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that an prov)sron or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. PAGE4 EPA21F(LASER) 14. Borrower's Copy. , Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement.. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. 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 (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natures perst~n) w~hout Lender's prior written consent, ;Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. 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 Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower In thk Mortgage, including the covenants to pa when due any sums secured by thk Morrttggage, Lender prior to acceleraton shall give notice to Borrower as provided by applicable law specifying, amongg other things: (1) the breach; (2) the action requlrod to cure such breach; (3 a date, not less than 30 days from the date the notice Is mailed to. Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified In the notice may result In acceleration of the sums secured by this Mortgage, foreclosure by Judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleratbn and the right to assert In the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. ff the breach _is not cured on or before the date specified In the notice, Lender, at Lender's option, , declare all of the. sums secured by this Mor~age to be Immediately due and payable without further demand and may foreclose this Morkgage by judicial proceeding. Lender shall be entitled to collect In such proceeding all expenses of foreclosure, Including, but not limited to, reasonable attorneys' fees, and cost of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriffs sale or other sale pursuant to this Mort age if: (a) Borrower pays Lender all sums which would be then due under this Mortga~ and-the Nvt~ liad rio aCtseHeea#idri` occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender In Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall; prior to acceleration under paragraph 17 hereof oc abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration .under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and managge the Property- and to collect the rents of the Property including those past due. All 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, PAGE 5 EPA21F (LASER) premiums on receiver's bond and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage. Borrower shall pay all costs of recordation, if any. Lender may charge Borrower a fee for releasing this Mortgage, if permitted by applicable law. 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. REQUEST FOR NOTICE OF DEFAULTAND FORECLOSURE UNDER' SUPERIOR tiIIORTGAGE3 OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. tnr+ne~~ Lori Heffelflnge~ 1Mtness X Wrtneaa X Wftness X X (Seal) orrower X (Seal) orrower (Sign Original Only) PAGE 6 EPA21 F (LASER) A (Seal) Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: PO Box 6i58. New Cumberland, PA 17070 behalf of the Lender. By: Lori Title: Loan Officer On COMMONWEALTH OF PENNSYLVANIA, York On this, the 9th Elisa L. Clasing officer, personally appeared Elizabeth Z Grassmyer County ss: 2010 ,before me, the undersigned known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that She executed the same~or~ie purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: June 25, 2011 Notary Title of Officer COMMONWF•AI.TH OF PENNSYWANIA Ni7~a13ael Ellsa L Cleminy N~~ FahVlew'Mlp., York ~ Comer Jana 25, 2011 Member, Pennsylvania Aasxletlon of Notaries day of June PAGE 7 EPA21 F (LASER) ,y THAT CERTAIN trait or parcel. of land and premises situate in ~e Township of Lower Allen, County of Cumberland acid Commonwealth of Pennsylvania, more particularly described as follows: HEGINNIPIG at a point at the southwesterly corner of St. John's Church Road and Oneida Road: thence along the westerly line of St. John's Church Road, South thirty-six (36) degrees East, seventy- nine (79) feet to a point; thence South fifty-four (54) degrees West, eighty-five (85) feet to a point at the dividing line between Lots Nos. ? and 8 on said Plan; thence along same, North thirty-six (36) degrees West seventy-nine (79) feet to a point on the southerly line of Oneida Road aforesaid; thence along same, North fifty-four (54) degrees East eighty-five (85) feet to a point, the place of BEGINNING. BEING THE SAME PREMISES which Ruth E. Neiman, widow, by her deed. dated May 19, 1992, and recorded in the Recorder's Office in and for Cumberland County, PA, in Book R-35, Page 436, granted and conveyed unto Randall S. Grassmyer and Elizabeth Z. Grassmyer, husband and wife, Grantors herein. UNDER AND SUBJECT to all easements, restrictions, and encumbrances and other matters of record or which a physical inspection or survey of the premises would reveal. THIS IS A TRANSFER FROM HUSBAND AND WIFE TO WIFE AND IS TAX EXEMPT. ~ 0 ~ t ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201015444 Recorded On 6/14/2010 At 8:50:01 AM * Instrument Type -MORTGAGE Invoice Number - 67204 User ID - KW * Mortgagor - GRASSMYER, ELIZABETH Z * Mortgagee -NEW CUMBERLAND FED CR UN * Customer -NEW CUMBERLAND FEDERAL CR UN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $19.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $70.00 I Certify this to be recorded in Cumberland County PA ~ °rt s'e :~ ~ ~ ~ RECORDER O D DS nao * Total Pages - 9 Certification Page DO NOT DETACH This page is now part of this legal document. * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. h'IIIIIIIIIN~I~AIR~ ` ;~ii~i. t~LEW CUMBERI.ANp FEDERAL CREDt'I' UNION .Your Communi ~ Crefizt 2lrtiorz P. O. Box 658, New mutxrland PA 17070 _(717)774-7706 1-800-716-2328 ~~~~~~ I(QJw~ EQIJRy SYSTBM NOTE AND DISCLOSURE STATEMENT BORROWER NAME (Last - First -Middle Initial) ANO ADDRESS (Street -City -State -Zip Code) DATE ACCOUNT NUMBER NOTE NUMBER Elizabeth Z Grassmyer 4 Fargreen Court 08!09/2010 M L3 CONTRACT NUMBER REFERENCE NUMBER MATURITY DATE Ettertt, PA • 17318.9809 In this agreement."you", "your", or "I" mean each person who signs this agreement. The credit union whose name appears above and anyone who takes this Note by transfer and is entitled to receive payments under this Note will be called the "Note Holder.' The terms on page 2 are part of this agreement. The cost of your credA as a yearly rate. Ths doAar amount-the will cost you. 8.990°~L 121,411.85 Number of Payments Amount of Payl Your Payment 179 5312.45 Schedule will be: 1 5110.88 e Amount Financed Total of Pa ment Prepayment: If you pay off The amount of credN Ths amount you wit have early you will not have to pay provided to you or on your paid when you have made all a penalty. behalf. payments as scheduled: j34,827.56 1558,039.41 When Payments Are Due Monthly 07/20/2010 I e means an estimate rroparry Insurance: You may obtain property insurance from anyone you want that is acceptable to the credit union. If you pet the insurance from the credit union you will pay Security: You are giving a security interest in your real estate. You are giving a security interest in your shares and/or deposits in the credit union; and ^ the goods/property being purchased; © Other (Describe) RENTAL Cumberland County Late Charge: This credit union does not assess late charges. Itemization of the Amount Financed: You have the right to receive at this time an Itemization of the Filing Fees Amount Financed. ^ You want an itemization. ^ You do not want an Itemization. so.oo See your contract document for any additional information about nonpayment, defauk, and any required repayment in full before the scheduled date. You are not required to complete this agreement merely because you have received these disGosures or signed a loan application. ©CUNA MUTUAL GROUP, 1991, 2009 ALL RIGHTS RESERVED ~ EXHIBIT 0 EPA555-o I New Cumberland Federal Credit Union I Elizabeth Z Grassmyer ~ Date 06/09/2010 NOTE - PROPERTY ADDRESS CITY STATE ZIP CODE 88 N ST JOHNS ROAD CAMP HILL PA -, 17011 1. BORROWER'S PROMISE TO PAY - In return for a loan that I have received, I promise to pay U.S. :34,627.56 (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is New Cumberland Federal Credit Union I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST -- I will pay interest at a yearly rate of 6.880°h .Interest will be charged on that part of principal which has not been paid. Interest w(II be charged beginning on the date of this Note and continuing until the full amount of principal has been paid. 3. PAYMENTS - I will pay principal and interest by making payments each month of U.S. 5312.49 will make my payments on the Monthly day of each month beginning on 07/20!2010 . I will make-these payments every month until I have paid all of the princpal and Interest and any other charges, described below, that I may owe under this Note. If, on 06/2012025 I still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly payments at PO Box 658 New Cumberland, PA 17070 or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAYAS REQUIRED -- (A) Late Charge for Overdue Payments: This credit union does not assess late charges. (B) Default: If 1 do not pay the full amount of each monthly payment by the date stated in Section 3 above, I wilt be in default. Even if, at a time when I am In default, the Note Holder does not require me to pay Immediately in full as described below, the Nqte Holder wilt still have the right to do so if I am in default at a later Ume. (C) Notlcs From Note Holder: If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at feast 30 days after the date on which the notice is mailed to me or, if it Is not mailed, 30 days after the date on which it is delivered to me. (D) Payment of Note Holder's Costs and Expenses: If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. S. THIS NOTE SECURED BY A MORTGAGE OR DEED OF TRUST - In addition to the protections given to the Note Holder under this Note, a Mortgage or Deed of Trust, dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Mortgage or Deed of Trust describes how and under what conditions I may be required to make Immediate payment In full of ail amounts that I owe under this Note. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE - I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment" When I make a prepayment, I will tell the Note Holder in a letter that i am doing so. A prepayment of all the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." I may make a full prepayment or a partial prepayment without paying any penalty. The;~lote Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make.a partial prepayment, there will be no delays in the due. dates or changes in the amounts of my monthly payments unless the Note Holder agrees In writing to those delays or changes. I may make a full prepayment at any time: ff I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS -- I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made In this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises made under this Note, or who signs this Note to transfer It to someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers." S. GIVING OF NOTICES -Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address if I glue the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 8. RESPONSIBILITY OF PERSONS UNDER THIS NOTE - If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount -owed and to keep all of the promises made In this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep. all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety or endorser of this Note (as described In Section 7 above) is also obligated to keep all of the promises made in this Note. EPA555-e X X DATE OF NOTICE: AUGUST 6, 2012 ACT 9l NOTICE TO TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN OFFICIAL NOTICE THAT THE MORTGAGE ON YOUR HOME IS IN DEFAULT AND THE LENDER INTENDS TO FORECLOSE. SPECIFIC INFORMATION ABOUT THE NATURE OF THE DEFAULT IS PROVIDED IN THE ATTACHED PAGES. THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP SAVE YOUR HOME. THIS NOTICE EXPLAINS HOW THE PROGRAM WORKS. TO SEE IF HEMAP CAN HELP, YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. TAKE THIS NOTICE WITH YOU WHEN YOU MEET WITH THE COUNSELING AGENCY. THE NAME, ADDRESS AND PHONE NUMBER OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE LISTED AT THE END OF THIS NOTICE. IF YOU HAVE ANY QUESTIONS, YOU MAY CALL THE PENNSYLVANIA HOUSING FINANCE AGENCY TOLL FREE AT 1-800- 342-2397. [PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869]. THIS NOTICE CONTAINS IMPORTANT LEGAL INFORMATION. IF YOU HAVE ANY QUESTIONS, REPRESENTATIVES AT THE CONSUMER CREDIT COUNSELING AGENCY MAY BE ABLE TO HELP EXPLAIN IT. YOU MAY ALSO WANT TO CONTACT AN ATTORNEY IN YOUR AREA. THE LOCAL BAR ASSOCIATION MAY BE ABLE TO HELP YOU FIND A LAWYER. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR ~ EXHtBR ~ C m EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAMES: PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER: Elizabeth Z. Grassmyer 98 North St. Johns Road Camp Hill, PA 17011 L3 089885 New Cumberland Federal Credit Union 345 Lewisberry Road New Cumberland, PA 17070 (717)774-0256 (800) 716-2328 New Cumberland Federal Credit Union 345 Lewisberry Road New Cumberland, PA 17070 (717)774-0256 (800) 716-2328 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELEGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE: Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face to face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES: If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propert~is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE: Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILIY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION: Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (IF YOU HAVE FILED BANKRUPTCY YOU CAN STILL APPLY FOR EMERGENCY MORTGAGE ASSISTANCE). HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender on your property located at 98 North St. Johns Road, Camp Hill, PA 17011 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: Missed Payments Principal & Interest Late Fee February 2012 $ 312.45 $ 0.00 March 2012 $ 312.45 $ 0.00 Apri12012 $ 312.45 $ 0.00 May 2012 $ 312.45 $ 0.00 June 2012 $ 312.45 $ 0.00 July 2012 $ 312.45 $ 0.00 Interest 2/1/12-7/31/12 $1 .125.82 ($6.22 per diem from 2/1/12-7/31/12) TOTAL AMOUNT PAST DUE $3,000.52 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 $3,000.52 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 SET TO: New Cumberland Federal Credit Union 345 Lewisberry Road New Cumberland, PA 17070 (717) 774-0256 (800)716-2328 IF YOU DO NOT CURE THE DEFAULT: If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON: The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender which may also include other reasonable costs. If you cure the default within THE THIRTY (301 DAY period, you will not be required to pay attorney's fees. OTHER LENDER REIVXEDIES: The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE: If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You ma~do so b~paying the total amount then past due plus an~ late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by,performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE: It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the 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: Contact Person: Kirby Treece, Collections Manager New Cumberland Federal Credit Union 34S Lewisberry Road New Cumberland, PA 17070 (717) 774-0256 (800) 716-2328 EFFECT OF SHERIFF'S SALE: You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. 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 not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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 THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY SEE ATTACHED LIST OF FOUR AGENCIEIS FOR CUMBERLAND COUNTY liEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1/28/2011 8:36:10 AM 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 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 ri t~ - ru J ,~ ~ ,~ r I A ! l~ ' , . u 1 , , ra N D m CeRifled Fee oZ •°rS .` - 0 ~ e eM ~ q red E a -~ ~'-„" ~ O O R dors e ~ Restricted Delivery Fee _ t/. S~ ~~ r O Endorsement Required) ' ° IJ' U.S. POSTAL SERVICE CERTIFICATE OF MAILING i~i MAY BE USED PROVIDE FOF ~ Received F ~ Totai Postage & Fees $ ~'~ '1•a-~~~ t o sent o o -------• ---- -- -----•- -- - ~' aPOBoxNo. Q~ N . ,~ S ~ ~ PS Form 3817, January 2001 ...------~=------...z~. _Q_.r~~...---- ----- Crry, stare. IrP+4 ~ l~ Steven Howell Attorney At L,aw 619 Bride street New Cumberland, PA 17070 One piece of ordinary mail addressed to: C~ ~ lf-~~~ ~'r4- l '7y.~1 a. a_ ao a¢cir°~oo .,~..~~ via'ai_'c'~¢ c ~"¢ ~~ ~: ~~ ~~ o ~~ 8~ pm ~" O O ~ D N O ~ ~ I ~ 1 _ ~~ J 0 P~ :E D f7, iC ~ ~~ £_ ~, 0 oovrn~ _ UI~i7 CCp~o-p,-,~ W Z• -Jo p00 _ ~ T7, N C7 ono V , -°o R' ~~ t. ~ F 't ~. ~ a. iii ~ ~y ~J ~~ .~ r t' j~J n~m_- v ~ -_ z~ ~ o~_ _ ~~= ~ N ~ - ~ -, ~ - S v GG :~' ~^, n ~ - ~. )S r ' xJ ~ ~ ~ I-" r ' r 1 ~ :° ;~ r f T1 F„a r ~ ~~-.,,,~.. w. r._ ~ ;~ ~"' rri Ci ;;~ ~~ t~t ~~ t:~ z, rti ~,. "n n~ to p ~ ~" ' p.~ .~. G~ '" ~ ran r,I ~ ~, u. z n .-. " ~ N ~, ~ r ] ~ ~ ~ M c`I ~ l w u v f„~ o v 0 F~ O O w O ~ '~~~ O o 0 o W +~~ L/ .f` ~~~ ~~ r/ to ~_ ~ ~~ Q, ~'~..~ ~ ~` u ~,;~ IpSTAGE U.S iw,. ~~~ PA ^!E!~! CUMBE°E°AlD,°P I , ~ ~~ 1707Q I AU I~ ~, ~ ~ '"`• pr c , AMOUNT ' T a ,.~ ~~ ~5 95 Cr. 100 17011 0005~23~7-08~ __i. y ~.-~_... n A?^ K!. Y;'S3; ~~ n; ,~` ~ ~% i16 ~,'.'~.~ ~'r .: ~ V ~ ~~ ~ Q~ °~~ T ~ ~~~0 ~C ~ I J ~ ,~- ~ ~~~ o ~~ ~~~ ~ ~ ~~~~ o ~, ~, o ~~~ o G ~ w r ~ ~ ~ ~ 3 ~ ,, W .~ :~. ',~ ~- FORM 1 NEW CUMBERLAND FEDERAL CREDIT UNION Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. ELIZABETH Z . GRASSMYER ~ ~ ` ~ ^~ n Defendant(s) ~ S Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complainrt that could cause you to lose your home. :~ e~ -::. ~f ~ ~_ { '.` -E./• .' C3 jy~: y~. __. F ..~;. N T'''t t.~.~ l,~ If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-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 Mid Penn 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. !F YOU WISH TO SAVE YOUR NOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM /S FREE. Respectfully Date of Counsel fdF Plaintiff r~ fre'1-.~ -~ .-,~t ,' i:~ ~ ..-~ f'". '-!Y ~r~ ~=~I ~.. [=t --~I f"i l ~,,:, Y; FORM 2 Cumberland County Res/dential Mortgage Foreclosure Dlverslon Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER RE4UEST 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:, Phone Numbers: Home: Office: Cell: Other: Zip: Email: # of people in household: How long? .~ Mailing Address: City: Phone Numbers: Home: Cell: Email: # of aeople in household: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: loan Number: Total Mortgage Payments Amount: $, Date of Last Payment: Primary Reason for Default: State: Zip: Office: Other: How long? Date You Closed Your Loan: Included Taxes and Insurance: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Amount Owed: S Value: Other transportation (automobles_._boats, motorcvclesl Year: Amount owed: Monthh- Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: Monthly Amount: _ Co-Borrower Pay Days: MoMhiv Expenses: (Please oniv include expenses you are currently oavin¢1 EXPENSE AMOUNT EXPENSE AMOUNT Mo a e Food 2" Mortgage Utilities Car Payment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Pa ment Install. Loan Payment Cable TV Child Support/Alim. Spendin Money Day/Child Care/Tuit. Other Ex nses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Nave you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Value: Model: Value: Year: Year: Monthly Net Monthly Net Monthly Net Fax: Value: S 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 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 ~ 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) ~ Copy of 2 years of federal income tax returns d Copy of deed NEW CUMBERLAND FEDERAL IN THEC OURT OF COMMON PLEAS,_..,, CREDIT UNION, CUMBERLAND COUNTY, _ ` Plaintiff PENNSYLVANIA M= r�-= -0 _ r" VS. NO. 12-7343 CIVIL Cf)r- p . Ln ELIZABETH Z. GRASSMYER, FORECLOSURE ACTION ° _J Defendant CIVIL ACTION–LAWS - fl STIPULATION FOR ENTRY OF JUDGMENT 1. Plaintiff is the New Cumberland Federal Credit Union and is represented by Steven Howell, Esquire. 2. Defendant is Elizabeth Z. Grassmyer and is represented by Ryan Webber, Esquire. 3. The parties by and through their counsel have entered into a settlement of the pending mortgage foreclosure action. 4. The parties have agreed that Defendant shall execute a Loanliner Subsequent Action Form which modifies the terms of her mortgage to 4.99% on an entire unpaid balance of$36,189.50 to be repaid at $286.07 per month for 180 months commencing April 20, 2013. 5. The parties have agreed that Defendant shall execute a Deed in lieu of foreclosure which may be recorded against the Defendant in the event she fails to comply with the terms of this Stipulation or Loanliner Subsequent Action Form. 6. The parties have agreed that Defendant shall write a hardship letter to the Credit Union explaining why she has requested a loan modification and this letter along with the first payment of$286.07 shall be due on or before April 20, 2013. s ' 7. The parties request the Court to enter an Order adopting the terms of this Stipulation as the settlement in this matter and waive the right to be present in Court prior to its entry as a final judgment. 8. In all respects the mortgage recorded in this matter shall remain unchanged and unmodified with the exception of the loan repayment terms outlined in Paragraph 4 of this Stipulation. By: By: a9" i beth a'sdhyer 0 Donald Varne Defendant President, CU Date: 1-1 lo / 13 By: By: Ryan Webber, Esquire XSten'Howefl, Es uire Date: C.� -7 f 3 Date: ZZ r ' NEW CUMBERLAND FEDERAL IN THEC OURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO. 12-7343 CIVIL ELIZABETH Z. GRASSMYER, FORECLOSURE ACTION Defendant CIVIL ACTION—LAW ORDER OF COURT AND NOW, this 2l'day of A pW%) 2013 it is hereby ORDERED that the attached Stipulation is entered as the final order in this mortgage foreclosure action. By the Court: Kevin . Hess, P.J. Certified Copies To: yan Webber, Esquire Suite 102 t 5 Kacey Court Mechanicsburg, PA 17055 teven Howell, Esquire / Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 VINVAIASNN3d kd.1V C}N0H1HJ 3N1 ill? 30I.J.40-0,3 P,-