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HomeMy WebLinkAbout12-7364C~ Darrell C. Dethlefs, Esquire ~~ ID # 58805 n t~ ~ 2 ~~~ "'~ P~ ~~ ~` Dethlefs-Pykosh Law Group, LLC 2132 Market Street ~~ il'~~~~~~''1~~ ~'~i'~~~ 6 ~1 Camp Hill, Pennsylvania 17011 ~3 ~ ~`' 1`l ~ Y ~'V~"' ~ Telephone - (717) 975-9446 Fax - (717) 975-2309 DDethlefs(a~aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, . v. CIVIL ACTION -LAW JOHN A. SWINN and ' TINA SWINN, No.: /o? ~~~~ Defendant MORTGAt=r~ r URECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filling in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you. fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Darrell C. Dethlefs, Esquire ID # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 DDethlefsna,aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, v. CIVIL ACTION -LAW JOHN A. SWINN and TINA SWINN, No.: Defendant MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes the Plaintiff, Americhoice Federal Credit Union, by and through its attorneys, the Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire who files this Complaint for Breach of Contract and Foreclosure (the "Complaint") against Defendants, John A. Swinn and Tina Swinn, and hereby alleges as follows:. 1. Plaintiff is Americhoice Federal Credit Union, duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 20 Sporting Green Drive, Mechanicsburg, PA 17050. 2. Defendant, John A. Swinn, is an adult individual currently residing at 220 Willow Mill Park Road, Mechanicsburg, PA 17050. 3. Defendant, Tina M. Swinn, is an adult individual currently residing at 11 West Highland Avenue, Enola, PA 17025. 4. The parcel of real property which is the subject of this action (the "Subject Property") is 220 Willow Mill Park Road, Mechanicsburg, Cumberland County, PA 17050. 5. This Court has subject matter jurisdiction over this cause of action. 6. This Court has personal jurisdiction over the defendant in this matter pursuant to 42 Pa.C.S.A. §§ 5301, 5322(a)(1)(v), and/or 5322(a)(5). 7. Preferred venue properly lies with this Court pursuant to Pa.R.C.P. § 1142. 8. This is an action seeking foreclosure upon a mortgage on certain real estate. 9. Pursuant to that certain Promissory Note with an effective date of January 23, 2006 (as it may have been amended, restated, replaced, supplemented or otherwise modified from time to time, the "Note"), Plaintiff, AmeriChoice Federal Credit Union, agreed to extend credit to John A. Swine and Tina Swine, in the original principal sum of Sixty-four Thousand Dollars ($64,000.00) plus interest (the "Loan"). (A true and correct copy of the January 23, 2006 Promissory note is attached hereto, made part hereof and marked as Exhibit "A"). 10. To secure repayment of the Loan, as evidenced by the Note, Defendants, John A. Swine and Tina Swine, as mortgagors, executed that certain Open-End Mortgage, with an effective date of January 23, 2006 (as it may have been amended, restated, replaced, supplemented or otherwise modified from time to time, the "Mortgage") in favor of and to Plaintiff, AmeriChoice Federal Credit Union, as mortgagee. (Said Mortgage is a public record accessible in the Recorder of Deeds office in and for Cumberland County, Pennsylvania, in Book 1938, Page 3336, recorded January 30, 2006, and is attached hereto as Exhibit "B"). 11. Plaintiff, AmeriChoice Federal Credit Union, is the owner and rightful holder of all right, title, and interest in the Note and Mortgage, (together with all documents, instruments, and agreements delivered in connection with the foregoing and all substitutions therefore and extensions, renewals, replacements, supplements, modifications and amendments thereof, collectively, the "Loan Documents"). 12. Defendants, John A. Swinn and Tina Swinn, have defaulted under the Loan Documents by, inter alia, failing to timely make all payments due thereunder. 13. The Mortgage provides for payment and collection of all costs and expenses to protect Plaintiff, AmeriChoice Federal Credit Union's, interests in the Property or to collect the Indebtedness. 14. As a result of Defendants, John A. Swinn and Tina Swinn's, default, Plaintiff, AmeriChoice Federal Credit Union, has accelerated and declared, and does hereby accelerate and declare any and all amounts due under the Loan Documents to be immediately due and payable. 15. The following amounts are due on the said Mortgage as of November 30, 2012: Principal of debt due $45,085.41 Unpaid interest at 6.89% From July 19, 2012 to October 19, 2012 (the per diem interest accruing on this debt is $16.89 and that sum $926.36 should be added each day after 10/19/12 Title Report $75.00 Court Costs (anticipated, excluding Sheriffls Sale costs) $203.75 Escrow overdraft / (Balance) (Insurance -Force Placed) $717.34 Late Charges (Monthly late charge of $15.00 should be added in accordance $45 00 with the terms of the note after 10/19/12 . MIP/PMI $0.00 Recoverable balance $ Attorneys Fees (anticipated and actual to 5% of principal $2,254.27 TOTAL $49,307.13 16. Plaintiff, AmeriChoice Federal Credit Union, has a valid, perfected and enforceable lien against and security interest on the subject properties. 17. Plaintiff, AmeriChoice Federal Credit Union, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants, John A. Swine and Tina Swine. 18. The amounts due under the Loan Documents are currently due and owing and have not been paid, which is a default. 19. Defendants, John A. Swine and Tina Swine, have failed to pay the amounts due and owing under the terms of the Note, which is a default. 20. Defendants, John A. Swine and Tina Swine, have failed to pay the amounts due and owing under the terms of the Mortgage, which is a default. 21. The amount Defendants, John A. Swine and Tina Swine, currently owe to Plaintiff, AmeriChoice Federal Credit Union, is not less than the $49,307.13. 22. Defendants, John A. Swine and Tina Swine, has failed to pay the $49,307.13, which is a default. 23. Plaintiff, AmeriChoice Federal Credit Union, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants, John A. Swine and Tina Swine. 24. As of the date of this Complaint, and under the Loan Documents, Defendants, John A. Swine and Tina Swine owe not less than the $49,307.13. (The Indebtedness). 25. The Indebtedness is now due and owing and has not been paid by Defendants, John A. Swine and Tina Swine. 26. Defendants, John A. Swinn and Tina Swinn, failure to pay the Indebtedness constitutes a default pursuant to the Mortgage and under the Loan Documents. 27. As a result of Defendants, John A. Swinn and Tina Swinn, default, Plaintiff, AmeriChoice Federal Credit Union, has incurred and continues to incur expenses under the Loan Documents including, without limitation, attorneys' fees, costs, and expenses, all of which amounts are payable by and secured under the Loan Documents and which Plaintiff, AmeriChoice Federal Credit Union, is entitled to recover under the Loan Documents. 28. Defendants, John A. Swinn and Tina Swinn, have failed to make payments for the amounts due and owing under the Loan Documents, which is a default. 29. Plaintiff, AmeriChoice Federal Credit Union, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants, John A. Swinn and Tina Swinn. 30. The combined notice required by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to the defendant via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "C, " and made a part hereof, and defendant has failed to proceed within the time limits, or has been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendants eligibility. WHEREFORE, Plaintiff, AmeriChoice Federal Credit Union, demands judgment be entered, in rem, against the defendant herein in the sum of $49,307.13p1us interest, costs and attorney's fees as more fully set forth in the Complaint, and for foreclosure and sale of the mortgaged premises. submitted, ~SI~L~, w Group, LLC Darrel~`~~PSethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff Date: ~ ~--~ ~~ ~ 2' r~' AmeriChoiee 20 Sporting Green Drive - Mechanicsburg, PA 17050 FEDERAL CREDIT UNION 717-697-3474 ';wilding Relationships For fife 800-240-4364 ~'~ ~~ ~ HOME EQUITY SYSTEM NOTE AND DISCLOSURE STATEMENT ORROWER NAME iLast -First -Middle Initial) AND ADDRESS (Street -City -State -Zip Codel DATE ACCOUNT NUMBER NOTE NUMBER SWINN, JOHN A SWINN, TINA M 220 WILLOW MILL PARK RD MECHANICSBURG, PA 17050 O1J23f06 31224-53 5-283 CONTRACT NUMRER REFERENCE NUMBER MATURITY DATE 037-1845-3 O~;j01/21 this agreement "you", "your", or "I" mean each person who signs this agreement. The credit union whose name appears above and Tyone who takes this Note by transfer and is entitled to receive payments under this Note will be called the "Note Holder." The terms ~ page 2 are part of this agreement. RUTH 1N LENDING DISCLOSURE NNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Prepayment: If you pay off to cost of your credit as a yearly rate. The dollar amount the credit The amount of credit The amount you will have early you will not have to pay will cost you. provided to you or on your - paid when you have made all a penalty. behalf. ~ payments as scheduled. o~ $ g $ e means an estimate 6.490 36,449.84 64,000.00 100,449.84 r~a.rrra.cr ~~ r urnrcn.o ~-.rnvu„• yr r or.ncuw wnc[[ rd~([4[C[RS Hftl vue rroperry insurance: row may obtain property our insurance from anyone _ you want that is 3yment 179 $ 558.07 BEGINNING 03/01/06, acceptable to the credit union. If you get the ~hedule $ MONTHLY THEREAFTER insurance from the credit union you will pay ill be: 1 555.31 FINAL PAYMENT ON 02/01/21 g ecurity: You are giving a security interest in your real estate. You are giving a security interest in your shares .and/or deposits in the edit union; and the goods/property being purchased;(X} Other (Describe) ~ _ 220 WILLOW MILL PARK ate Charge: If any portion of yor payment is more than 15 days late, you will incur a $15.00 late fee. emization of the Amount Financed: You have the right to receive at this time an Itemization of the Filing Fees mount Financed. ~ You want an Itemization. ~ You do not want an itemization. $ :e your contract documents for any additional information about nonpayment, default, and any required repayment in full before the heduled date. oaxerr ~_ 4 MUTUAL INSURANCE SOCIETY, '1991, ALL RIGHTS RESERVED TION WITHOUT WRITTEN PERMISSION OF CUNA MUTUAL INSURANCE SOCIETY IS FORBIDDEN BY LAW EPA554 (LASERI 6849LL 1.r,RICHOICE FEDERAL CREDIT UNION ~ SWINN, JOHN A Date 01-2•~-06 OTE '~' iOPERTY ADDRESS CITY STATE ZIP CODE 220 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 BORROWER'S PROMISE TO PAY -- In return fora loan that 1 have 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE -- I have the right to ceived, I promise to pay U.S. S 64 , 000.00 (this amount will be make payments of principal at any time before they are due. A payment of filled "principal"), plus interest, to the order of the Lender. The Lender is 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 pre a ment " A r understand that the Lender may transfer this Note. The Lender or anyone ho takes this Note by transfer and who is entitled to receive payments rder this Note will be called the "Note Holder." INTEREST -- f will pay interest at a yearly rate of 6.490%. Interest ill be charged on that part of principal which has not been paid. Interest ill be charged beginning on the date of this Note and continuing until the II amount of principal has been paid. PAYMENTS -- I will pay principal and interest by making payments each onth of U.S. S 558.07 • I will make my payments on the lstday each month beginning on 03 - O1- 061 will make these payments every onth until I have paid all of the principal and interest and any other urges, described below, that I may owe under this Note. If, on I still owe amounts under this Note, I will pay all those nounts, in full, on that date. I will make my monthly payments at 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 at a different place if required by the Note Holder. BORROWER'S FAILURE TO PAY AS REQUIRED -- (AI Late Charge for verdue Payments: If any portion of your payment is more than 15 days late, you will incur a $15.00 late fee. ;) Default: If I do not pay the full amount of each monthly payment by the ate stated in Section 3 above, I will be in default. ten if, at a time when I am in default, the Note Holder does not require e to pay immediately in full as described below, the Note Holder will still 3ve the right to do so if I am in default at a later time. :- Notice From Note Holder: If I am in default, the Note Holder may send e a written notice telling me that if I do not pay the overdue amount by a :rtain date the Note Holder may require me to pay immediately the full nouns of principal which has not been paid and all the interest that I owe i that amount. That date must be at least 30 days after the date on hich the notice is mailed to me or, if it is not mailed, 30 days after the ate on which it is delivered to me. >) Payment of Note Holder's Costs and Expenses: If the Note Holder has quired me to pay immediately in full as described above, the Note Holder ill have the right to be paid back for all of its costs and expenses to the <tent not prohibited by applicable law. Those expenses include, for ample, reasonable attorney's fees. . THIS NOTE SECURED BY A MORTGAGE OR DEED OF TRUST -- In idition to the protections given to the Note Holder under this Note, a ortgage or Deed of Trust, dated the same date as this Note, protects the ote Holder from possible losses which might result if I do not keep the omises which I make in this Note. That Mortgage or Deed of Trust :scribes how and under what conditions I may be required to make imediate payment in full of all amounts that I owe under this Nate. P Y p epayment 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 Note 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. If 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: (AI to demand payment of amounts due (known as "presentment"1; (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 tc someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers." 8. 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 give 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. 9. 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 las described in Section 7 above) is also obligated to keep all of the promises rnade in this Note. xrower / B o rrower ~ ( grower ~ B~orjrower EPA554 iLASER~6849L1 ~` PREPARED BY ALYCE A . HOFFMAN °1 ~j r [ ~'~ ~ ~ [ ,=~ WHEN RECORDED, MAIL TO AMERICHOICE FEDERAL CREDIT UNION 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 UNIFORM PARCEL IDENTIFIER: 38-16-1072-OlOB MORTGAGE THIS MORTGAGE is made on 01/23/06 ,between the Mortgagor, JOHN A SWINN TINA M SWINN AMERICHOICE FEDERAL CREDIT UNION (herein "Borrower"), and the Mortgagee, PFT~T~TGYT VANTA ~ corporation organized and existing under the laws of _ whose address is 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 rein WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. S 64, 000.00 which indebtedness is evidenced by Borrower's note dated of 23 06 and extensions and renewals thereof (herein "Note"1, providing for monthly installments o principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on 02/01/21 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereori; 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, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND ,State of Pennsylvania: y EXHIBIT EPA21D (LASERI ~~I`~~~~~6~3~ SEE EXHIBIT A which has the address of 220 WILLOW MILL PARK ROAD (Street) MECHANICSBURG ,Pennsylvania 17050 (City) )Zip Codel (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 al! 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, except 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 PAGE 2 EPA 21 D (LASER ~~~~3PG?3~7 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 and 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 law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insGrar~ce premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to 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 approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a c-aim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall 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. PAGE 3 EPA21 D 0.ASER1 ~~~93~~'G~~3:8 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 materia{ly affects Lender's interest m the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from L ender 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 original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the 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 otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing 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 Borrov~rer's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except far 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 lb) 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 Property is located, The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. PAGE 4 EPA21 D LASER) ~~ ~ ~~~~W~J~ 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 natural person) without 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 this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the action required 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 acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable. without further demand and may foreclose this Mortgage 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 sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration 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 or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All 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 EPA2ID LEASER) ~~ ~ 3~~'G~40 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 DEFAULT AND FORECLOSURE ~_lNDER SUi'ERlOR ~PORTGAGES 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. Witness: X ALYCE A. HOFFMAN / " X Witness X Witness X Witness X ~ R Witness ~ ~ (Seal) ~~`.. Borrower _ e ~ 1~~~ " ~ (Seal) X Borrower (Seal) X Borrower (Beall Borrower PAGE 6 (Sign Original Only) EPA21 D (LASER) ~~ ~ ~3~PG~3~ I I hereby certify that the precise address of the Lender (Mortgagee) is: 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 On behal~ of the Title: f }(~..) COMMONWEALTH OF PENNSYLVANIA, ~~(~~ ~1~~n __ County ss: On this, the 23 RD day of ~~ T Rv 2006 ,before me, BRADLEY GRISSINGER the undersigned officer, personally appeared JOHN A. SWINN TINA M. SWINN known to me (or satisfactorily proven) to be the personls) whose name(s) ARE subscribed to the within instrument and acknowledged that THEY executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: I/~2g~~~ Title of Officer COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bradley Grissinger, Notary Public Mechanicsburg Bono, Cumberland County My Conxrtission Expires Jan. 28, 2008 Member, Pennsylvania Association Of Notaries PAGE? EPA21 O ILASEF~ ~1l ~ J 11 ~U 4~ ~ "`$-L. 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AL3t71crt~wct as ~Q tM1ow lVI~ Pvk iiaad, I'u1+sa~'irg, P+tmt~tty}yar~le, - -- - ~~ __..___r_---~. __ -._ __ ~,. , , ~,~:t~ .- ~~ ;. -, ,~ 1 ~~i G~ DETHLEFS-PYKOSH LAW GROUP, LLC rrcll C. Dethlefs* Of Counsc chael J. Pykosh* 2132 Market Street John R. Logan* y;rn w. Shook Camp Hill, PA 1701 1 Paul D. Dagg Janie L. Erb Phone: (717) 97i-9x46 Leeal Stal tither N. Orisko Toll Free: (300) 237- 1202 Shen~~ L. Deckman arles J. Hart~i~elt (~'ax: (717) 97~-2309 Cr~~stal L. Mahone :hard D. tlolling~.~orih, Jr. G-mail: ddethletti~~aotcum ~-lelissa G I~orema itthew R. Seelcl' ~~•~~~~~~.dpl~~l:n~~.com Jamie L. Swop c~nsed P.~1 7'irle .~1~una ":Idmirmd ro the A~J Bur October 25, 2012 .101111 A. ~wlml Tllla M. SWmll ~hina M. Swinll 1 1 West Highland Avenue 220 Willow Mill Park Road Enola, PA 17025 Mechanicsburg, PA 17050 RF,: Mortgage, AmeriChoice Federal Credit Union Loan # 0053 NOTICE OF INTENTION TO FORECLOSE MORTGAGE ACT 6 NOTICE ~~Che MORTGAGE held by AmeriChoice Federal Credit Union (hereinafter we, us or ours) oll your property located at 220 Willow Mill Park Road, Mechanicsburg, PA 17050, IS IN SF,RIOUS DEFAULT [because you have not made the monthly payments of $558.07 since August 1, 2012]. Late charges and other charges have also accrued to this date in the amount of $45.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1,161.14. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,161.14, plus any additional monthly payments and late charge which may tall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at AmeriChoice Federal Credit Union, 2'0 Sporting Green Drive, Mechanicsburg, PA 17050. If you do not cure the default within TI-ARTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to~ pay ofl~ the original mortgage in monthly installments. If full payment of the amount of default is not made within "I~I [IRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose youur mortgaged property. If the mortgage is foreclosed your mortgaged property will "bite E2ose Business Center E. Market Street, Ste. 201 ork, PA 17401 100 Lincoln U,~ay Gast. 2°~ Floor, Suite t Chambersburg, P,~1 ] 720 Ilae Dethlefs-Pykos/a Lm1~ Group, LLC- "Your Ftrll Service /.mv F~~,>>' be sold by the Sheriff to pay off the mortgage dept. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. }-Iowever, if legal proceedings are started against you, you will have to pay the reasonable attorney's tees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also incli-de our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may ~~llso sue you personally for the unpaid principal balance and all other sums due under the mortgage. if you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up Co one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform v~y other require-~~ents under the mortgage]. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately March 2013. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount ^eeded to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 697-3474. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE Tl-IE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANO`fFIER LENDING INS`T'ITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT '1'O SELL OR TRANSFER THE PROPERTY SUBJECT "I'O THE MORTGAGE TO A BUYER OR TRANSFEREE WI-IO WILL ASSUME THE MOR"FGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND AT'"fORNEY'S FEES AND COS`T'S ARF, PAID PRIOR TO OR AT THE SALE, [AND TI-IAT THE OTHER REQUIREMENTS UNDER TI-lE MOR"fGAGE ARE SATISFIEDJ. CONTACT US TO DF,"T~ERMINE UNDF,R WHAT CIRCUMSTANCES THIS RIGHT M1GH"[~ EX1S"1']. YOU F(AVE THE RIGHT TO TIAVE "fl-ITS DEFAUL"f CURED BY ANY THIRD PAR"fY ACTING ON YOUR BEl-TALE. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times In fl11y CalendaC t'eal'. Respectfully Submitted, Darrell C. Dethlefs, Esquire lD ~ 58805 Dethlefs-Pykosh Law Group, LLC 2 ] 32 Market Street Camp Hill, Pennsylvania 1701 1 Telephone - (717) 975-9446 Fax - (717) 975-2309 ddethlefs@aol.com Date: October 25, 2012 To: John A. Swine Tina M. Swine ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY 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 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 NOTIFICACIO~N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): John A. Swinn and Tina M. Swinn PROPERTY ADDRESS: 220 Willow Mill Park Road, Mechanicsburg, PA 17050 LOAN ACCT. NO.: 0053 ORIGINAL LENDER: AmeriChoice Federal Credit Union CURRENT LENDER/SERVICER: AmeriChoice Federal Credit Union HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S .EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in 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 F{LE 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 F{LE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE R{GHT 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 direct{y 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 lS 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: 220 Willow Mill Park Road, Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU NAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due' September 1, 2012 October 1, 2012 Amount $558.07 Amount $558.07 Other charges (explain/itemize): Late Fees : $45 00 TOTAL AMOUNT PAST DUE: $1,161.14 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) 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 1 161.14, -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: Mark Beans AVP AmeriChoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg PA 17050 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately March 2013 (5 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: Name of Lender Address: Phone Number: Fax Number: Contact Person: E-Mail Address: AmeriChoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, PA 17050 (717} 795-0253 (717) 591-7695 Mark Beans mbeans(c~americhoice oro EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. " TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary) AMERICHOICE FEDERAL, CREDIT UNION Plaintiff, v. JOHN A. SWINN and TINA SWINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW No.: MORTGAGE FORECLOSURE VERIFICATION I, Mark R. Beans, Assistant Vice President of Collections, AmeriChoice Federal Credit Union hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 1 S Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date 1~-~~I'~- Mark R. Beans Assistant Vice President of Collections AmeriChoice Federal Credit Union AMERICHOICE FEDERAL, CREDIT UNION Plaintiff, v. JOHN A. SWINN and TINA SWINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW No.: MORTGAGE FORECLOSURE NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you maybe 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 MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the form 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 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 Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information that a loan resolution proposal can be repaired on your behalf. If you and your lawyer complete a financial worksheet in the form 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 (b0) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully u miffed, Date ~ ~" ~ ~ ~~ Signature Counsel for Plaintiff AMERICHOICE FEDERAL, CREDIT UNION Plaintiff, v. JOHN A. SWINN and TINA SWINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW No.: MORTGAGE FORECLOSURE CASE MANAGEMENT ORDER AND NOW, this day of November, 2012, the defendantJborrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court supervised conciliation Conference on at M. in Carlisle, Pennsylvania. at the Cumberland County Courthouse, 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendantlborrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made maybe extended. Upon. notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the timeframe set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiffllender 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/lendertyho participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender isnot 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 overtime; agreeing to tender a monetary payment and to vacate in the near future in exchange for not testing the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty (60) 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, FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County_Court of Common Pleas Docket # BORROWER REQUEST FOR FIARDSHIP ASSISTANCE 1 o 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 _ _ Is the property for sale? Yes ^ No ^ Eisking date: Realtor Name: __ Borrower Occupied: Yes ^ No ^ Mailing Address (if different) _ City: Phone Numbers: Home: Cell: State: Zip: Office: Other: Email: K of people in household: How {ong? Mailing Address City: ~ State: '_ Zip: _ _ Phone Numbers Home: Office: Cell: Other: Email ct of people in household: How long? first Mortgage Lender I ype of Loan- Loan Number: Date You Closed Your Loan: Second Mortgage Lender: _ _ _ __-_ f ype of Loan: Loan Number. __ (otal Mortgage Payments Amount: $_ _ Included Taxes and Insurance: _„_,__ Date of Last Payment Pnmary Rea ,on for Default: Is thc~ loan in Bankruptcy? Yes ^ No ~ If yes, provide names, location of court, case number & attorney: State: ------ Zip -------__.__----- _ _ Price: $ Realtor Phone: Assets Amou_ nt O~,ved ---- Home: S Value: Other Real Estate: - -------_-- -- S S -- Retirement Funds: S $ - Investments: S --- S -_ Checking: $ --- - S -- Savings. ~ -- - S -__ Other $ -~- S - Automobile N1: Model Amount owed: -- ----- ---___- Year: - - -__ Value: A u to m____o b i le q 2: Mo d e L - --- -------- Amount owed: -- -----------_ __-- Year: ---------___ ____ Value: ____ Other transportation (auto---mobiles-boats, motorcy~lesr~ ------ Model: Year: -_------- Amount owed: ---------- ---- - -_-______ Value: Monthly Income Name of Employers 1. - -- Monthly Gross Z_ -- ______ Monthly Net - Monthly Gross ---- 3. ___ Monthly Net ------ Monthly Gross -- Additional Income Description (not wages): - ---- Monthly Net _- 1. z ------ -------_____- Monthly Amount: Borrower Pay Day _ Monthly Amount: --~_ Co-Borrower Pay Days: Month) Ex enses: Please onl include ex enses ou are current) i EXPE AMOUNT a n Mort a e g g --- -- EXPENSE AMOUNT ------_- 2° M-_----ortgage - ___-- Food ----- - Car Payment(s) --_ Utilities ----------- Auto I ns~~a~oe- - Condo/Neigh- Fees ---~--~---- airs - --- _ _______ Auto f-__-_--Auto f_____-_~?~/~ep Med. (not covered) - - _ Install. Loan Payment Other Prop. Payment - -- ---- -- - Child Su - -.-__ _ pport/Alim- Cable TV -- - ----_--_ Day/Child Care/Tuit_ - _______ _ Spending Money - -- - _ Other Expenses --- Amount Available for Monthly Mortgage Payments Bas d _ . -- -- __ e Have you heen working with a Housing Couns li on Income and Expenses: e ng Agency Yes ~ No ? If yes, please provide the following information Counseling Agency: ---------- ----------- ou n s e l o r ------------------- -- ----- ---- - -- --- -- - I' one (Office) : ---------- - -- -- _._.---- F m a i l : --- --- -------------- Fax : --_ - -- 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 (Narrre): 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: ~ Proof on income V Past 2 bank statements ~ Proof of any expected income for the last 45 days ~ Copy of a current utility bill ~ Letter explaining reason for delinquency and any supporting documentation ~ (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns ~ Copy of deed p - s o u' can --40 Darrell C.Dethlefs,Esquire G ° ' ID#58805 x' C:)� Dethlefs-Pykosh Law Group,LLC =~ 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 DDethleb aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW JOHN A. SWINN and TINA SWINN, No.: 12-7364 -CIVIL Defendant MORTGAGE FORECLOSURE MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND NOW, comes the Plaintiff, the AmeriChoice Federal Credit Union, by the Dethlefs-Pykosh Law Group, LLC, and files this Motion for relief from the automatic stay of the Mortgage Diversionary Program and in support thereof avers as follows: 1. The Plaintiff is the AmeriChoice Federal Credit Union which entity is duly authorized conduct business within the Commonwealth of Pennsylvania, and having a principal place of business located at 20 Sporting Green Drive, Mechanicsburg, PA 17050. 2. Defendant, John A. Swinn, is an adult individual residing at 220 Willow Mill Park Road, Mechanicsburg, PA 17050. 3. Defendant, Tina Swinn, is an adult individual residing at 11 West Highland Avenue, Enola,PA 17025. 4. On or about December 5, 2012, the Plaintiff filed a Complaint in Mortgage Foreclosure which is docketed at No. 12-7364. 5. Attached to the Complaint was the Notice of Residential Mortgage Foreclosure Diversionary Program. 6. In addition to the Notice of Residential Mortgage Foreclosure Diversionary Program, a proposed Case Management Order was also attached to the Complaint. 7. The Notice of Residential Mortgage Foreclosure Diversionary Program which was attached to the Complaint is attached hereto as Exhibit"A". 8. On December 6, 2012, John Allen Swinn was served by Sheriff's Deputy, Ryan Burgett, at his address at 220 Willow Mill Park Road, Mechanicsburg, PA 17050. 9. On December 6, 2012, Defendant, Tina Swinn, was served by Cumberland County Sheriff Deputy, Ryan Burgett, by having the Complaint served to Violet Bollinger, Mother of Defendant, who accepted the Complaint as"Adult Person in Charge" for Tina Marie Swinn at 11 West Highland Avenue, East Pennsboro, Enola, PA 17025. A copy of the Sheriff's Return of Service is attached as Exhibit`B". 10. On February 13, 2013, the Plaintiff searched the Cumberland County dockets for a response by the Defendants to the Complaint. 11.No request for conciliation conference has been filed in the mortgage foreclosure action docketed at No. 2012-7364. 12. There has been no docket activity other than the filing of the Complaint and the Sheriff's Return. 13. In a companion case docketed at No. 12-7365 Mortgage Foreclosure, this Court entered an Order permitting Plaintiff to proceed on litigation against these same Defendants on another mortgage. A copy of that Order is attached as Exhibit"C". WHEREFORE, the Plaintiff, AmeriChoice Federal Credit Union, respectfully requests that this Honorable Court lift the stay of the residential mortgage foreclosure diversionary program. Respect 1 submitted, Dethlefs y up, LLC Darrell thlefs, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff Date: Darrell C.Dethlefs,Esquire ID#58805 Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 DDe efs l.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW JOHN A. SWINN and TINA SWINN, No.: 12-7364 -CIVIL Defendant MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Darrell C. Dethlefs, Esquire,hereby certify that on the day of March , 2013, I served a true and correct copy of the Motion for Relief from the Automatic Stay, via first-class mail,postage prepaid, upon the following counsel of record: John Allen Swinn 220 Willow Mill Park Road Mechanicsburg, PA 17050 Tina Marie Swinn 11 West Highland Avenue Enola, PA 17025 Date: S_ ` 7 Darrell . Dethlefs, Esquire I.D. # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 DDethlefs n,aol.com AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION — LAW JOHN A. SWINN and TINA SWINN, No.: Defendant MORTGAGE FORECLOSURE NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you maybe able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty (20)days of your receipt of this notice, you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the form 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 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 Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information that a loan resolution proposal can be repaired on your behalf. If you and your lawyer complete a financial worksheet in the form 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 tender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. `A't IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully u mitted, Date Signature Counsel for Plaintiff f'►MERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION — LAW JOHN A. SWINN and TINA SWINN, No.: Defendant MORTGAGE FORECLOSURE CASE MANAGEMENT ORDER AND NOW, this __ day of November, 2012, the defend antlborrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has compiled with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court supervised conciliation Conference on at M in -- __ at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made maybe extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed form ? within the timeframe set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plainti Mender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage, proposing a forbearance agreement or repayment plan to bring the account current overtime; agreeing to tender a monetary payment and to vacate in the near future in exchange for not testing the matter, offering the lender a deed in lieu of foreclosure, entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty (60) months, and the institution of bankruptcy proceedings. S. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith v�'ti�'tr °t �tiau('rr/,rfr� Chief Deputy Richard W Stewart Solicitor .FFICE(iF••:c t..rRIFF Americhoice Federal Credit Union vs. Case Number John Allen Swinn (et al.) 2012-7364 SHERIFF'S RETURN OF SERVICE 12/06/2012 05:53 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: John Allen Swinn at 220 Willow Mill Park Road, Silver Spring Township, Mechanicsburg, PA 17050. RYAN BURGETT. DEPU 12/06/2012 07:43 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Violet Bollinger, Mother of defendant, who accepted as"Adult Person in Charge"for Tina Marie Swinn at 11 West Highland Avenue, East Pennsboro, Enola, PA 17025. RYAN BURGETT, Y SHERIFF COST: $54.45 SO ANSWERS, December 07, 2012 RO 14 RR ANDERSON, SHERIFF Darrell C. Dethlefs, Esquire 1D# 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 DDethlefs @aol.com Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW JOHN A. SWINN and TINA SWINN, No.: 12-7365 - CIVIL Defendant MORTGAGE FORECLOSURE ORDER AND NOW,this cP5 14A day of February, 2013, the stay of the mortgage foreclosure proceedings in this matter is lifted and the Plaintiff is permitted to proceed with the filing of the 10-day default judgment notice,and may proceed with the litigation. BY THE COURT, J. -4 r- =;v U tJ1� N CDC, <o TP o-Ti Acs y�,� ��� it C Darrell C.Dethlefs,Esquire ID#58805 Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 DDethlefsaoLcom Attorney for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION—LAW JOHN A. SWINN and TINA SWINN, No.: 12-7364 - CIVIL Defendant MORTGAGE FORECLOSURE ORDER '° AND NOW,this Z/ b day of March, 2013, the sta3$bf the mortgage foreclosure proceedings in this matter is lifted and the Plaintiff is permitted to proceed with the filing of the 10-day default judgment notice, and may proceed with the litigation. BY THE COURT, J. MW —C c cza Y MM rn Z= :;0 �rT'1 -`gin N � _ �;n_`3 D.IZZ W CD : .t r0 c� / "� �QY'rP•��Jah N - AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION — LAW JOHN A. SWINN and TINA SWINN, : No.: 2012-7364 Defendants : MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIPC .P1 Please enter judgment in favor of the Plaintiff, AmeriChoice Federal C1,W Unjpn and against the Defendants, John A. Swinn and Tina Swinn, for failure to answer or otherwise plead in the above captioned matter within twenty (20) days of the date of service of the Complaint and enter judgment in rem for: Principle Balance: $45,085.41 Interest (through 4-3-13): $3,730.10 Title Report $75.00 Escrow overdraft (forced insurance) $717.34 Court Costs $TBD Late Charges: $120.00 Attorney's Fees (anticipated & actual to 5% of principal) $2,254.27 ----------------------------------------------------------------------------------------------------------- Total: $51,983.12 $51,983.12 with interest, accruing at 6.89%, plus attorney's fees and the costs of suit. The undersigned certifies that a written Notice of intention to file a Praecipe for Judgment was mailed to the Defendant on March 26, 2013 and copy of said Notice is attached hereto. Dethlefs-P aw Group, LLC Date: April 8. 2013 By: Darrell C. Dethlefs, Esquire ID# 58805 Al) Arr/ 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 N o6e_ Mai Vd Lbr:-el i C. Dethlet's. 17,7qUil•C ID�58805 Dethlefs-Pykosh Law Group, LLC 32 Market Street Canip hill,Pennsylvania 17011 Telephone -(7171)975-9446 Rtx t 717)97i-2309 DDcthicfs@,-.o1.cum Attonley for Plaintiff AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, CIVIL ACTION -LAW JOHN A. SWINN and TINA SWINN NO.- 2012-7364 Defendant MORTGAGE FORECLOSURE TO: John A. Swinn Tina Swint] 220 Willow Mill Road I I West flighland Avenue Mechanicsburg,PA 17050 Enola,PA 17025 DATE OF NOTICE: March 26, 2013 IMPORTANT':NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER 'IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE TIDE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Q,S,P08TAL SE►ViCE CERTIFICATE OF MAILING RomvOlfarr, ...... 47 one owe ot ftiml as"W LA A X1 W rn MAY BE uswo A TIC IIV AT#WAL VAII FOR MAWRMR* is FOWA lr U.S.Government Pr MAY 19M Tina Swinn A John A.- wn Sin "0 Willow Nlill Road I I West Highland Avenue Mechanicsburg, PA 17050 Enola. PA 17025 FECVIADFNOI'I('[A- March 26, 2011 NOTICIA IMPOKfANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE, CASO. SI USTED NO ACTIJA DENTRO DE DIEZ (10) SIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PORRIA PERDER SU PROPIFDAD 0 o'rROS DERECHOS IMPOWFANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. Sl USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SLRVICIOS DE 1JN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AUYDA LEGAL, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Date: Darrell C.'b-e't'hlefs, Esquire I.D. 9 58805 Dethlefs-Pykosh t.,aw Group, LLC 2132 Market.Street Canip 1-fill,Pennsylvania 17011 Telephone: (717)975-9446 Attorney for Plaintiff Darrell C. Dethlefs.Esquire ID e-58805 Dethlefs-Pykosh Law Group,LI-C 2132 Market Street tramp I fill, Pennsylvania 1701 1 Telephone-(11 111)975-9446 Fax- (717)975 2309 Attorney for Plaintiff AMERICHOICEe FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION -LAW JOHN A. SWINN and TINA SWINN NO.: 201.2-7364 Defendant MORTGAGE FORECLOSURE I TO John A. Swinn Tina Swinn 220 Willow Mill Road I I West Highland Avenue Mechanicsburg, PA 17050 Enola, PA 17025 DATF Ol'NOTICE: March 2b,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE Or, THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOU LD TAKE THIS NOTICE TO, A-LAWYER. AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE u.S."TAL SERVICE cx CERTIFICATE OF MAILING Z; A� ifi 77—, — M33 A vsvp- C= r P 1-7 rn MAY ImAmp mvp4m 00munc FOR —060"my" ps 1000A 3817 U.S.Govwnnw-PH MAY im A; John A. Swinn Tina Swinn 220 Willow Mill Road I I West Highland Avenue Vice! anicsbtmi, PA 17050 Enola. PA 17025 FECHADUNOTICIA: Nlarch26, 2013 NOTICIA IMPORTANTE, USTED NO I-IA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. si usTED NO ACTLIJA DENTRO DE DIEZ (10) SIAS DESDE LA. FFCHA DE ESTA NOTICIA, ES POSIBLE QU F UN FAI-10 SFRIA REGISTRADO CONTRA USTED SIN, UrNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOSIMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO 'TtENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE IJN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA. AVERIGUAR A DONDE USTED PUEDE OBTFNFR LA ALJYDA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Date: Darrell C.'Dethlefs, Esquire 1,I).#58805 Dethlefs-Pvkosh Law Group, LLC 2132 Market Street Camp Pennsylvania 17011 Telephone: (717)975-9446 Attorney for Plaintiff CAMP HILL POST O!"FICE CAMP HILL, Pennsylvania 170119998 4134870011 -0095 03/26/2013 (717)737-1461 03:57:52 PM Sales Receipt Product Sale Unit Final Description Qty Price Price ENOLA PA 17025 Zone-1 $0.46 First-Class Letter 0.50 02, Issue PVI: $0.46 Certificate 1 $1.20 $1,20 of Mailing MECHANICSBURG PA 17050 $0.46 Zone-1 First-Class Letter 0.50 oz. Issue PVI: $0.46 Certificate 1 $1.20 $1.20 of Mailing Total: $3.32 Paid by: Personal Check $3.32 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-LISPS. xxxxxxzxxxxxxxzxzxzxxxxxxxxxxxxxxxxxxxxx Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Bill#: 1000505715614 Clerk: 25 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business xxxxxxxxxxxxxxzxirxzxxxxxxxxxxxxxxxzxxxxx HELP US SERVE YOU BETTER Go to: https://postalexperience,com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Customer Copy AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION — LAW JOHN A. SWINN and TINA SWINN, : No.: 20124438 ► Defendants : MORTGAGE FORECLOSURE TO: John A. Swinn 220 Willow Mill Road Mechanicsburg, Pennsylvania 17050 You are hereby notified that on April 8, 2013, the following Judgment has been entered against you in the above-captioned case. Default in rem Judgment in the amount of$51,9V.12 , accrui t 6.89%, plus attorney's fees and the costs of suit. DATE: 4-3 w P onotary I hereby certify that the name and address of the proper person(s) to receive this notice is: John A. Swinn 220 Willow Mill Road Mechanicsburg, Pennsylvania 17050. A: John A. Swinn 220 Willow Mill Road Mechanicsburg, Pennsylvania 17050 Por este medio se le esta notificando que el April 8, 2013, el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Default in rem Judgment in the amount of$51,983.12 with interest, accruing at 6.89%, plus attorney's fees and the costs of suit FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: John A. Swinn 220 Willow Mill Road Mechanicsburg, Pennsylvania 17050. Abogado del Demand ante De#hlefs-Py sh aw Group, LLC Date: By: Dar C. Dethlefs, Esquire (#58805) AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION — LAW • 7.3&q JOHN A. SWINN and TINA SWINN, : No.: 2012-7666 Defendants : MORTGAGE FORECLOSURE TO: Tina Swinn 11 West Highland Avenue Enola, Pennsylvania 17026 You are hereby notified that on April 8, 2013, the following Judgment has been entered against you in the above-captioned case. Default in rem Judgment in the amount of$5 , 83.1 it rest, a g at 6.89%, plus attorney's fees and the costs of suit. ljob DATE: Y,�//_3 I I Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Tina Swing, 11 West Highland Avenue, Enola, Pennsylvania 17025. A: Tina Swinn 11 West Highland Avenue Enola, Pennsylvania 17025 Por este media se le esta notificando que el April 8, 2013, el/la siguiente Fallo ha sido anotado en contra soya en el caso mencionado en el epigrafe. Default in rem Judgment in the amount of$51,983.12 with interest, accruing at 6.89%, plus attorney's fees and the costs of suit FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Tina Swinn, 11 West Highland Avenue, Enola, Pennsylvania 17025. Abogado del Demand ante Dethile 4-Pyk sh Law Group, LLC Date: By: ftfrell C. Dethlefs, Esquire (#58805)