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HomeMy WebLinkAbout12-7365v , ~l ;,. (! pia ;: { ~ f ~ ~ ~ ~ ~ ' ''r ~ Darrell C. Dethlefs, Esquire ~, 7i~`,r+J ~l.t 7..F " ~ ~ ~" ~ ` ID # 58805 Dethlefs-Pykosh Law Group, LLC ~~' 1 ~~~ _ ~ ~, ~~ L ~ Il J 2132 Mazket Street 17011 l i Hill P C ~ ~~'~~~ fl L r't ~`~,.~ ~ ~' V ~ ~` van a , ennsy amp ~ ~~ ~~~~~ ~, t v ~, ~ { n, ~ Telephone - (717) 975-9446 ! ~ r ~ i~ 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.: /~~ - 731oS r~U~'^~` Defendant MORTGAGE FORECLOSURE 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 103- ~.~~Pl ~~ 1333 S 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 March 12, 2008 (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. Swinn and Tina Swinn, in the original principal sum of fourty one thousand, four hundred twenty one dollars and eighty six cents ($41,421.86) plus interest (the "Loan"). (A true and correct copy of the March 12, 2008 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. Swinn and Tina Swinn, as mortgagors, executed that certain Open-End Mortgage, with an effective date of March 12, 2008 (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, instrument Number 200808775, recorded March 24, 2008, 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. Swine and Tina Swine, 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. Swine and Tina Swine'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 $34,054.31 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 $742.97 should be added each day after 10/19/12 Title Report $75.00 Court Costs (anticipated, excluding Sheriff's Sale costs) $203.75 Escrow overdraft / (Balance) (Forced Insurance) $561.20 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 $1,702.71 TOTAL $37,384.94 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 $37,384.94. 22. Defendants, John A. Swine and Tina Swine, has failed to pay the $37,384.94, 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 $37,384.94. (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. Swine and Tina Swine, 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. Swine and Tina Swine, 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. Swine and Tina Swine, 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. Swine and Tina Swine. 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 $37,384.94 plus interest, costs and attorney's fees as more fully set forth in the Complaint, and for foreclosure and sale of the mortgaged premises. Respectfu y bmitted, Dethlefs- k gyp, LLC Darrell ethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff Date: ~ ~~ ~ \ ~ ~`~~ A~meriChoite ./ `~ FEDERAL CREDIT U N I O N gilding Relationships For Life 20 Sporting Green Drive Mechanicsburg, Pd 17050 ;~ 717-697-3474 ; 800-240-4364 HOME EQUITY SYSTEM NOTE AND DISCLOSURE STATEMENT RROWER NAME (Last -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 1.7050 03/12/08 31224-52 4482~~ CONTRACT NUMBER REFERENCE NUMBER MATURITY DATE 037-1848-3 03/15/23 this agreement "you", "your", or "I" mean each person who signs this agreement. The credit union whose name appears above and yone 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. iUTH IN LENDING DISCLOSURE ~NUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Prepayment: If you pay off e 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 a penalty will cost you. provided to you or on your paid when you have made all . behalf. payments as scheduled. $ $ $ e R7BanS 8fl P.Sfln7afe 6.890 25,200.08 41,421.`86 66,621.94 rvumoer or rayments iamount or rayments when rayments Are Uue Property Insurance: You may obtain property tur insurance from anyone you want that is yment 179 $ 370.13 BEGINNING 04/15/08, acceptable to the credit union. If you get the :hedule $ MONTHLY THEREAFTER insurance from the credit union you will pay Ilbe: 1 368.67 FINAL PAYMENT ON 03/15/23 $ ~curity: 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;( Other (Describe) ____ _ 220 WILLOW MILL PARK tte 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. $ fe your contract documents for any additional information about nonpayment, default, and any required repayment in full before the heduled date. CUNA MUTUAL INSURANCE SOCIETY, 1997, ALL RIGHTS RESERVED ODUCTION WITHOUT WRITTEN PERMISSION OF CUNA MUTUAL INSURANCE SOCIETY IS FORBIDDEN BY LAW EPA554 (LASE RI 6849LL I AMERICHOICE FEDERAL CREDIT UNION I SWINN, JOHN A Date 0:3-12-08'I NOTE ` PROPERTY ADDRESS CITY STATE ZIP CODE 220 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 1. BORROWER'S PROMISE TO PAY -- In return for a loan that I have 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE -- I have the right to received, I promise to pay U.S. S 41, 421.86 (this amount will be make payments of principal at any time before they are due. A payment of called "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 re a ment " A 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 6.890%. Interest will be charged on that part of principal which has not been paid. Interest will 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 ~iorith of U.S. S 370.13 • I will make my payments on thel5thday ~f each month beginning on 04 -15 - 081 will make these payments every nonth until I have paid all of the principal and interest and any other :harges, described below, that I may owe under this Note. If, on 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 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 ~r at a different place if required by the Note Holder. 1. BORROWER'S FAILURE TO PAY AS REQUIRED -- (A) Late Charge for overdue Payments: If any portion of your payment is more than 15 days late, you will incur a $15.00 late fee. B) Default: If I do not pay the full amount of each monthly payment by the late stated in Section 3 above, I will be in default. :ven if, at a time when I am in default, the Note Holder does not require ne to pay immediately in full as described below, the Note Holder will still lave the right to do so if I am in default at a later time. CI Notice From Note Holder: If I am in default, the Note Holder may send ne a written notice telling me that if I do not pay the overdue amount by a ertain date the Note Holder may require me to pay immediately the full mount of principal which has not been paid and all the interest that I owe ~n that amount. That date must be at least 30 days after the date on vhich the notice is mailed to me or, if it is not mailed, 30 days after the '.ate on which it is delivered to me. DI Payment of Note Holder's Costs and Expenses: If the Note Holder has squired me to pay immediately in full as described above, the Note Holder dill have the right to be paid back for all of its costs and expenses to the xtent not prohibited by applicable law. Those expenses include, for xample, reasonable attorney's fees. . THIS NOTE SECURED BY A MORTGAGE OR DEED OF TRUST -- In ddition to the protections given to the Note Holder under this Note, a lortgage or Deed of Trust, dated the same date as this Note, protects the tote Holder from possible losses which might result if I do not keep the romises which I make in this Note. That Mortgage or Deed of Trust escribes how and under what conditions I may be required to make nmediate payment in full of all amounts that I owe under this Note. p P y 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 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: (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." 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 Ias described in Section 7 above) is also obligated to keep all of the promises made in this Note. orrower ~ f 1 L~_ / -` B~o(rrower /~ xrower _` ~ 0 Borrower EPA554 (LA SERI 6849LL ~~ ~~ ~1 PREPARED BY ALYCE A. HOFFMAN 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 03/12/08 ,between the Mortgagor, JOHN A SWINN TINA M SWINN (herein "Borrower"), and the Mortgagee, AMERICHOICE FEDERAL CREDIT UNION pFrrn~GYL~~AI~iIA a corporation organized and existing under the laws of whose address is 20 SPORTING GREEN DRIVE _ MECHANICSBURG, PA 17050 (herein "Lender"}. WHEREAS, Borrower is indebted to Lender in the principal sure of U.S. S _ ~1,4z1.86 which indebtedness is evidenced by Borrower's note dated 03/12/08 and extensions and renewals thereof (herein "Note"), providing for monthly installments o principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on 03/15/23 , TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest 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, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND ,State of Pennsylvania: EPA21D (LASE R~ SEE EXHIBIT A which has the address of 220 WILLOW MILL PARK ROAD (Street) MECHANICSBURG ,Pennsylvania 17050 _ ICityl (Zip 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 all 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 EPA21D (LASE RI 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, 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 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 claim 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 EPA21U ILASER) 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 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 shat! be payable upon notice 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 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, Ib) 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 modifying this Mortgage as to 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 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 EPA21D (LASERI 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; Ib) 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 EPA21D QASERI 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 UNDER SUPERIOR MORTGAGES 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 X Witness X Witness Witness ' ISeaq ~s M1 -- - ~ Borrower ~~~_ --- pa ~ . g (Seal) X Borrower ISeal) X Borrower (Seal) Borrower (Sign Original Only) PAGE 6 EPA21D II.ASEftI I hereby certify that the precise address of the Lender (Mortgagee) is: 20 SPORTING GREEN DRIVE COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 12 TH day of ~tAgCH Zoos ,before me, ELIZABETH K. HULL the undersigned officer, personally appeared JOHN A. SWINN TINA M. SWINN known to me (or satisfactorily proven) to be the person(s) 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. COMIVIC3NPVE~ 1 ti Ut- ~NN~uYLVANIA 0 3 / 2 0 / 10 Notarial Seal I Elizabeth K. Hull, Notary Fublic Silver Spring Twp., Cumberland Coy My Comml~ion Expires Mer. ~8, Member, Perinaylvenla Asl~©1~tiAtr gf A PAGE 7 EPA27D (LASER MECHANICSBURG, PA 17050 ALL'C'~AT C~RT~11N real ester-te sltuatcd in #hrs Township at Sflver5~rln~, County of Cumberland and Commonwoaith of Pennsyivania, mare particularly dascrlbed d5 f41iOW5: B1=Gi~tNiNG at a point in the norihorr7 dedicated right of way NnP of il~e prtblic bwnship rand known css Wi11ow Mill Park Racad tT-d~~), at corner of hind now o~~ formerly of .lal~n Wordcn; Ihence exfencting clang thr•- line of Ic~nd of the same 1~na~th four degrees ti~lrty-fo+~r minutes twenty two seconds Wesfi five hundrocJ tt-rirty-Iwa sand slxty~seven hundredths teat l~ ~ degrer~s 3~ min~~tes 22 ^econds W 532.G7 feet) ~o a paint: thence ~Jarth eighteen degrees two minutas twenty-iwa seconds ~asf one I~undreci nin©ty-seven and.sevcnteen hundte~cJfl7s feet (N 18 tl~ctreas 2 minuta4 22 sa~onds F. 1 ~7,t 7 faoiJ to'q point; thence South seventy-flue degrees thirty ,fx minutes thirty~thCee seconds cast erne f71.+ndred twenty-four arr~k fifteen-lundredths feet {S 7~ degrees 36 minutes 33 sec©nds ~ 12.4.1 ~ feet) to a point ire the western like of said pubflc township road i;rlown qs 1Nliiaw Mill Park fZac~d {T-6Q0), aforesaid; Ihenoe extencting alonr~ the western dedicated right of why tine of said Willo~~r Mill Park Road.i`~-6{J0~ in a sflrltherik clir~ction by the arc of ~ circle curving to the (eft, Bald circle i~vving a radius 4f 158.537 Fe~i. the arc distance: of 193.113 fEet to a polrat; thence continuing along fho wesfert7 dettlcgted fight of way tine of the Willow M11i Bark Road ~TY6CrD~ 5t~uth ~Fvc dGC~recs Zero minutes raven seconds least four hundred forty-fivQ rind ninety-two I~uncJredths Feel (S 5 degrees Ob minutes 07 secorld5 >; 445.42 I'e~ty io a poirtfi; f•henc:e criong the Ilne of fho same in r~ saufhwe4terly direction by fhc~ arc of c~ circle curving to the rlc~ht, said circle having a radius Qf f~7,7S Pcai, thc} arq clistancc of 87,8 feat td a point; thence still along the clFdicgted right of wcy line of said Willow Mill Pc~rl~ Road iT-800}, South slxtynine degrees three r-nir~utes r~inctcen seconds West f4rty~seven ar}d ten-hurldredth~ fi~et (S 6~ degrees 03 rninute4 19 •seconds W ~7,T0 faet;i to u point nt comer of land now err Formerly of John, Wflrden, aforesaid, at the point and place of 13EG1NNIi~G. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200808775 Recorded On 3/24/2008 At 11:59:02 AM * Total Pages - 9 * Instrument Type -MORTGAGE Invoice Number - 16969 User H) - AF * Mortgagor - SWINN, JOHN A * Mortgagee - AMEItICHOICE FEDERAL CREDIT UNION * Customer - AMERICHOICE * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $19.50 $11.50 $2.00 $3.00 $46.50 I Certify this to be recorded in Cumberland County PA of cu`t'e ~~ ~ ,D coin 9~c a:'G~~/ RECORDER O f750 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. iiiiiiiiiuiiiuuuu DETHLEFS-PYKOSH LAW GROUP, LLC cell C. llethlefs'` Uf Counsel hael J. Pykosh`` 2132 Market Street John R. Logan"'` an w. Shook Camp l-fill, PA 1701 1 Paul D.. Daggs anie L. Grb Phone: (717) 975-9446 dal Sraf1 ther N. Orisko ~holl I~rec: (800)287- 1202 Sherry L. Deckman~ rles J. Hartwell Fay: (717) 97~-2309 Crystal L. Mahone lard D. Hollingworth, ,1 r. E-mail: ddethlefsl~aol.cum Melissa C. Porcmar thew R. Seeley www.dplglaw.com Jamie L. Swop ~nsed P,~I l'nle .-1 ~enl.r _ *'Adrr~illed ro the AU Ijur October 25, 2012 .lobe A. Swine Tina M. Swine `flea M. Swine 1 1 West Highland Avenue 220 Willow Mill Park Road F~nola, PA 17025 Mechanicsburg, PA 17050 RE: Mortgage, AmeriChoice Federal Credit Union Loan # 0052 NOTICE OF INTENTION TO FORECLOSE MORTGAGE ACT 6 NOTICE The MORTGAGE held by AmeriChoice Federal Credit Union (hereinafter we, us or ours) on your property located at 220 Willow Mill Park Road, Mechanicsburg, PA 17050, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $370.13 since July 15, 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 $1 155.39. You may cure this default within 'TI-ARTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,155.39, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at AmeriChoice Federal Credit Union, 20 Sporting Green Drive, Mechanicsburg, PA 17050. If you do not cure the default within "hl IIR"fY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. "Ibis means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the OI'Iglnal nlOrtgage Ill monthly 1115talln1elltS. if fllll pay111CI1t Of the an10Unt O1 delalllt 1S not made within THIRTY (30) DAYS, we. also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will bite Rose Business Center E. Market SUeet, Ste. 201 ~r{:. PA 17401 ncy 100 Lincoln Way East. 2°~ Floor, Suite t Chambersburg, PA 1720 The DetlTle/s-Pykosh l_atir Group, hLC - "Your Full Serrice Lati>> Firm " be sold by the Sheriff to pay off the mortgage dept. If we refer yo~u~ 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. I-Iowever, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. Ifyou cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also 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 to one hour before the Sheriff's 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 any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs 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 needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 697-3474. This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGH`f "CO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEB"h, OR TO F30RROW MONEY FROIv1 ANOTHER LENDING INSTITUTION `f0 PAY Ot~F "fH[S DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER TI-IE PROPERTY SUB.iECT TO THE MORTGAGE TO A BUYCR OR TI~INSFEREE WI-IO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL T-HE OUTSTANDING PAYMEN"[~S, CHARGES AND ATTORNEY'S FEES ANU COSTS ARE PA[D PRIOR "hO OIZ A~I~ "hI-lE SALE, [AND THAT THE OTHER REQUIREMEN~I-S UNDER T1IE MORTGAGE ARE SA"I'ISFIEDJ. CONTAC`I- US "1,0 DETERMINE UNDER WHA"l~ CI[ZCUMS"fANCES "I'I-IIS RIGHT MIGHT EXIST]. YOU HAVE "1,HE RIGH1~ "l~0 I-fAVI-, I-HIS DI?FAULT C,'URED I3Y ANY THIRD PARTY ACTWG ON YOUR BEIIALI~. If you cure the default, the -1~ortgage 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 any calendar year. [Zespectfully Submitted, Darrell C. Dethlefs, Esquire ID # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 1701 1 Telephone - (717) 975-9446 Fax - (717) 975-2309 ddethlefs(c~aol.com Date: October 25. 2012 To: John A. Swinn Tina M. Swinn 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, PUSS 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 PARA 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.: 0052 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 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 TEMPORARILY 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: 220 Willow Mill Park Road, Mechanicsburg, PA 17050 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: August 15, 2012 Amount $370.13 September 15, 2012 Amount $370.13 October 15, 2012 Amount $370.13 Other charges (explain/itemize): Late Fees : $45.00 TOTAL AMOUNT PAST DUE: $1,155.39 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 1 155.39, 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 !S 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. AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS UNION, : CUMBERLAND COUNTY, PENNSY, ,VMJA Plaintif(- V. CIVIL ACTION — LAW JOHN A. SWINN and TINA SWINN, : No.: 2012-7365 C Defendants : MORTGAGE FORECLOSURE r_� =--I- '<C3 : JUDGMENT ENTERED 4. PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE — Pa. R.C.P. 3180-3183 To the Prothonotary:. The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended; and for real property pursuant to Act 6 of 1974, as amended. Kindly issue a writ of execution in the above matter to the Sheriff of Cumberland County, to satisfy the debt, interest and costs due to Plaintiff, Americhoice Federal Credit Union, from Defendants, John A. Swinn and Tina Swinn, kindly issue a writ of execution in the above captioned case. Instruct the Sheriff to levy upon the following described property of the Defendants, John A. Swinn and Tina Swinn. All that real property situate at 220 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. Tax Parcel ID # 38-16-1072-010B Legal Description: 220 Willow Mille Park Road, Mechanicsburg, Cumberland County, PA 17050 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the northern dedicated right of way line of the public township road known as Willow Mill Park Road (T-600), at corner of land now or late of John Worden; thence extending along the line of land of the same North four degrees thirty- four minutes twenty-two seconds West five hundred thirty-two and sixty-seven hundredths feet (N 4 degrees, 32 minutes, 22 seconds W 532.67 feet) to a point; thence North eighteen degrees two minutes twenty-two seconds East one hundred ninety- seven and seventeen hundredths feet (N 18 degrees, 2 minutes, 22 seconds E 197.17 feet) to a point; thence South seventy-five degrees thirty-six seconds East one hundred twenty-four and fifteen-hundredths feet (S 75 degrees, 36 minutes 33 seconds E 124.15 feet) to a point in the western line of said public township road known as Willow Mill Park Road (T-600), aforesaid; thence extending along the western dedicated right of way of said Willow Mill Park Road (T-600) in a southerly direction by an arc of a circle' curving to the left, said circle having a radius of 158.587 feet, the arc distance of 193.18 feet to a point; thence continuing along the western dedicated right of way line of Willow Mill Park Road (T-600) South five degrees zero minutes seven seconds East four hundred forty-five and ninety-two hundredths feet (S 5 degrees 00 minutes 07 seconds E 445.92 feet) to a point; thence along the line of the same in a southwesterly direction by the arc of a circle curving to the right, said circle having a radius of 67.75 feet, the arc distance of 87.80 feet to appoint; thence along the dedicated right of way line of said Willow Mill Park Road (T-600), South sixty-nine degrees three minutes nineteen seconds West forty-seven and ten-hundredths feet (S 69 degrees 03 minutes 19 seconds West 47.10 feet) to a point at the corner of land now or formerly of John Worden, aforesaid, at the point and place of BEGINNING. Judgment Amount: Amount Due: Amount Due: Amount Due: Principal Balance: $34,054.31 Interest (through 3-1-13): $3,175.13 Title Report: $75.00 Escrow overdraft (forced Ins.) $261.20 Court Costs: $TBD Late Charges $105.00 Attorney's Fees $TBD Total: $37,970.64 Interest: 6.89% per year (simple) from 3-1-2013 through date of satisfaction Costs: $TBD — Costs of Judg ntt& Sale to be added Juc' .tt Respec Ily u tted DATE: B Krell C. Dethlefs, Esquire ID# 58805 S q-2 IP3. 25 U I/ 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.: 2012-7365 Defendants : MORTGAGE FORECLOSURE : JUDGMENT ENTERED CERTIFICATE OF SERVICE I hereby certify that on the date noted below that a copy of the foregoing Praecipe, were hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid addressed as follows: John A. Swinn 220 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 Tina Swinn 11 West Highland Avenue Enola, Pennsylvania 17025 Respec d: Date: Darrel 'Dethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, Pennsylvania 17011 717-975-9446 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-7365 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Americhoice Federal Credit Union Plaintiff(s) From John A.Swinn and Tina Swinn (1) You are directed to levy upon the property of the defendant(s)and to sell see legal description (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$37,970.64 Plaintiff Paid$ Interest 6.89% per year(simple)from 3/1/2013 through date of satisfaction Attorney's Comm. % Law Library$.50 Attorney Paid$203.20 Due Prothonotary$2.25 Other Costs$TBD- Costs of Judgment&sale to be added Date:AUGUST 20, 2013 —r4 —zi�l Davi DD. uell,Protho otary (Seal) . By: Deputy REQUESTING PARTY: Name :Darrell C.Dethlefs,Esq. Address: 2132 Market St. Camp Hill,PA 17011 Attorney for:Plaintiff Telephone: 717-975-9446 Supreme Court ID No.58805 r' t Darrell C. Dethlefs Esquire I D#58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 ddethlefs(a)aol.com Attorney for Plaintiff 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.: 2012-7365 Defendants : MORTGAGE FORECLOSURE : JUDGMENT ENTERED AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 Mid Penn Bank, Plaintiff in the above captioned action, by and through its attorneys, the Dethlefs-Pykosh Law Group, LLC, set forth, as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 220 Willow Mill Park Road, Mechanicsburg, Cumberland County, PA 17050. 1. Name and Address of Owner(s) or reputed Owner(s) John A. Swinn 220 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 Tina Swinn 11 West Highland Avenue Enola, Pennsylvania 17025 2. Name and address of Defendants in the Judgment John A. Swinn 220 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 1 Tina Swinn 11 West Highland Avenue Enola, Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Americhoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, Pennsylvania 17050 4. Name and address of last recorded. holder of every mortgage of record: Name: Americhoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, Pennsylvania 17050 5. Name and address of every other person who has any record lien on the property NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NONE 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE PO Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY P.O. Box 320 Carlisle, PA 17013 TENANTIOCCUPANT 220 Willow Mill Park Road Mechanicsburg, PA 17050 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION 2 6T" Floor, Strawberry Sq. Dept. 28061 Harrisburg, PA 17128 INTERNAL REVENUE SERVICE 1000 Liberty Avenue Pittsburgh-, PA 15222 DEPARTMENT OF PUBLIC WELFARE WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square, Room 106 Carlisle, PA 17013 SILVER SPRING TOWNSHIP 8 Flowers Drive Mechanicsburg, PA 17050 INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP ADVISORY GROUP, 3 William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 DEPARTMENT OF REVENUE BUREAU OF CORPORATION TAXES P.O. Box 280427 Harrisburg, PA 17128-0407 ATTORNEY GENERAL OF U.S. U.S. Dept. of Justice, Rm 511 Main Justice Bldg. 101h & Constitution Avenue, N.W. Washington DC 20531 UNITED STATES OF AMERICA U.S. DEPARTMENT OF JUSTICE U.S. Attorney, Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108-1754 3 CUMBERLAND COUNTY ADULT PROBATION One Courthouse Square Carlisle, PA 17013 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respe ull Submitted: Date: Dafr . Dethlefs, Esquire D 58805 2132 Market Street Camp Hill, Pennsylvania'17011 Telephone: (717) 975-9446 Attorney for Plaintiff 4 r 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.: 2012-7365 . Defendants : MORTGAGE FORECLOSURE : JUDGMENT ENTERED - ` v3 John A. Swinn 220 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 Tina Swinn 11 West Highland Avenue Enola, Pennsylvania 17025 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: Date: December 4, 2013 Time: 10:00 am Eastern Time LOCATION: Cumberland County Courthouse Office of the Sheriff One Courthouse Square Carlisle, Pennsylvania 17013 The real estate at 220 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, is scheduled to be sold at the Sheriff's sale on December 4, 2013 at 10:00 am at the Cumberland County Courthouse, to enforce the court judgment in the original principal amount of $34,054.31 plus interest of $3,175.13 current as of March 1, 2013 and accruing thereafter at the simple rate of 6.89% per year until time of sale together with attorney's fees and costs, obtained by Americhoice Federal Credit Union against you and docketed at 13-7365 — CIVIL TERM in the Prothonotary's Office in and for Cumberland County, Pennsylvania. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights YOU MUST ACT PROMPTLY. To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Americhoice Federal Credit Union the judgment amount, interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may contact Americhoice Federal Credit Union c/o Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975- 9446. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by contacting Americhoice Federal Credit Union c/o Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975-9446. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. s 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff, and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal action to evict you. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within 10 days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 Toll Free (in PA): 1-800-990-9108 Notice: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the Plaintiff is not present at the sale. LEGAL DESCRIPTION OF PROPERTY TO BE SOLD 220 Willow Mille Park Road, Mechanicsburg, Cumberland County, PA 17050 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the northern dedicated right of way line of the public township road known as Willow Mill Park Road (T-600), at corner of land now or late of John Worden; thence extending along the line of land of the same North four degrees thirty-four minutes twenty-two seconds West five hundred thirty-two and sixty-seven hundredths feet (N 4 degrees, 32 minutes, 22 seconds W 532.67 feet) to a point; thence North eighteen degrees two minutes twenty-two seconds East one hundred ninety-seven and seventeen hundredths feet (N 18 degrees, 2 minutes, 22 seconds E 197.17 feet) to a point; thence South seventy-five degrees thirty-six seconds East one hundred twenty-four and fifteen-hundredths feet (S 75 degrees, 36 minutes 33 seconds E 124.15 feet) to a point in the western line of said public township road known as Willow Mill Park Road (T-600), aforesaid; thence extending along the western dedicated right of way of said Willow Mill Park Road (T-600) in a southerly direction by an arc of a circle curving to the left, said circle having a radius of 158.587 feet, the arc distance of 193.18 feet to a point; thence continuing along the western dedicated right of way line of Willow Mill Park Road (T-600) South five degrees zero minutes seven seconds East four hundred forty-five and ninety-two hundredths feet (S 5 degrees 00 minutes 07 seconds E 445.92 feet) to a point; thence along the line of the same in a southwesterly direction by the arc of a circle curving to the right, said circle having a radius of 67.75 feet, the arc distance of 87.80 feet to appoint; thence along the dedicated right of way line of said Willow Mill Park Road (T-600), South sixty-nine degrees three minutes nineteen seconds West forty-seven and ten- hundredths feet (S 69 degrees 03 minutes 19 seconds West 47.10 feet) to a point at the corner of land now or formerly of John Worden, aforesaid, at the point and place of BEGINNING. Resp tf I Submitted: Date: Darre I C. Dethlefs, Esquire ID 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff Darrell C.Dethlefs,Esquire ,r, j , I.D.#58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2013 AUG 20 AM .1 f: 12 2132 Market Street Camp Hill,PA 17011 CUMBERLAND COUNT`]` Telephone:(717)975-9446 Fax: (717)975-2309 PENNSYLVANIA E-mail:ddethlefsngaol.com 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.: 2012-7365 Defendants : MORTGAGE FORECLOSURE : JUDGMENT ENTERED Notice of Sheriff's Sale of Real Property To: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER: JOHN A. SWINN and TINA SWINN PLAINTIFF/SELLER: AMERICHOICE FEDERAL CREDIT UNION DEFENDANTS: JOHN A. SWINN and TINA SWINN PROPERTY: 220 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17013 CUMBERLAND C.C.P. NO.: 13-2201 — CIVIL TERM The above captioned property is scheduled to be sold at Sheriff's Sale on December 4, 2013 at 10:00 am in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You may hold a judgment on the property which may be extinguished by the sale. You may wish to attend the Sheriffs Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 1 ys after the filing of the schedule. Date: Darrell Cb'15ethlefs, Esquire Attorney for Plaintiff LEGAL DESCRIPTION OF PROPERTY TO BE SOLD Sale Number: Name of Law Firm Representing Plaintiff: Dethlefs-Pykosh Law Group, LLC Judgment Amount: Amount Due: Principal Balance: $34,054.31 Interest (through 3-1-13): $3,175.13 Title Report: $75.00 Escrow overdraft (forced Ins.) $561.20 Court Costs: $TBD Late Charges: $105.00 Attorney's Fees $TBD Total: $37,970.64 Interest: Additional interest accruing on the Principal Balance at the simple rate of 6.89% per year, plus attorney's fees and costs of suit from MaOy 12, 2013 through date of satisfaction Costs: $TBD—Costs of Judgment& Sale to be added . Situate in the Township of Silver Spring, County of Cumberland, Commonweath of Pennsylvania Tax Parcel # (38-16-1072-01013)) Premises Being : 220 Willow Mille Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 Seized and Sold as the property of John A. Swinn and Tina Swinn to satisfy a judgment obtained by Americhoice Federal Credit Union at Cumberland County, Pennsylvania, Court of Common Pleas Docket Number 13-7365—Civil Term LEGAL DESCRIPTION OF PROPERTY TO BE SOLD 220 Willow Mille Park Road, Mechanicsburg, Cumberland County, PA 17050 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the northern dedicated right of way line of the public township road known as Willow Mill Park road (T-600), at corner of land now or late of John Worden; thence extending along the tine of land of the same North four degrees thirty-four minutes twenty-two seconds West five hundred thirty-two and sixty-seven hundredths feet (N 4 degrees, 32 minutes, 22 seconds W 532.67 feet) to a point; thence North eighteen degrees two minutes twenty-two seconds East one hundred ninety-seven and seventeen hundredths feet (N 18 degrees, 2 minutes, 22 seconds E 197.17 feet) to a point; thence South seventy-five degrees thirty-six seconds East one hundred twenty-four and fifteen-hundredths feet (S 75 degrees, 36 minutes 33 seconds E 124.15 feet) to a point in the western line of said public township road known as Willow Mill Park Road (T-600), aforesaid; thence extending along the western dedicated right of way of said Willow Mill Park Road (T-600) in a southerly direction by an arc of a circle curving to the left, said circle having a radius of 158.587 feet, the arc distance of 193.18 feet to a point; thence continuing along the western dedicated right of way line of Willow Mill Park Road (T-600) South five degrees zero minutes seven seconds East four hundred forty-five and ninety-two hundredths feet (S 5 degrees 00 minutes 07 seconds E 445.92 feet) to a point; thence along the line of the same in a southwesterly direction by the arc of a circle curving to the right, said circle having a radius of 67.75 feet, the arc distance of 87.80 feet to appoint; thence along the dedicated right of way line of said Willow Mill Park Road (T-600), South sixty-nine degrees three minutes nineteen seconds West forty-seven and ten- hundredths feet (S 69 degrees 03 minutes 19 seconds West 47.10 feet) to a point at the corner of land now or formerly of John Worden, aforesaid, at the point and place of BEGINNING. Darrell C. Dethlefs Esquire �uG I D#58805 Dethlefs-Pykosh Law Group, LLC ` iKS`l1.VAtliA 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717) 975-2309 ddethlefs @aol.com Attorney for Plaintiff 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.: 2012-7365 Defendants MORTGAGE FORECLOSURE JUDGMENT ENTERED AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 403 OF NOTICE OF SALE Plaintiff in the above action set forth as the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 220 Willow Mill Park Road, Mechanicsburg, Cumberland County, PA 17050. As required by Pa. R.C.P. 3129.2(c) Notice of Sale/Owners Rights and Writ of execution has been given to each of the persons or parties named, at the address set forth on the attached Affidavit Pursuant to Pa. R.C.P. 2 .1 on the date indicated. Date: Darr C. Dethlefs, Esq. Attorney for Plaintiff Darrell C.Dethlefs,Esquire I.D.#58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill,PA 17011 Telephone:(717)975-9446 Fax: (717)975-2309 E-mail:ddethlefs(Agol.com 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.: 2012-7365 Defendants : MORTGAGE FORECLOSURE : JUDGMENT ENTERED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 1 hereby certify that I have sent copies of the Notice of Sheriff Sale of Real Property to the Defendant certified and regular United States mail and all lien holders or judgment holders of record as required by Pa. R.C.P. by fi st class United States mail, postage pre-paid, on the date set forth below. (See atta d receipts for list of all those served). )�, Dater V`'� Dar . Dethlefs, Esq. 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CL lU8WU1en0E)'S'n o clg£ 9LBlAdW WHOA Sd 131SWOl90d- 30NVHnSNI HOi I IVNOIIVNU31NI O►rV ouswOO HOi 03Sn 38 AVW w Q 2 cr 03 M O L �/d WM• F- ^ , V)••(nook N • :01 pPo HOW Amon/o"d sun V) CIZ Occ / o u <r ° 77321 I l�yo U.S. POSTAGE CARLISDLE.PA J 17013 "'D,i pmeg'°H AUG 20.'13 NITEDSTd TES AMOUNT mu ° JNIIIVW 30 31VOIJ11H33 2� 0 3OIna3S IVISOd S'n 1000 00092261-18 Ic 1 J a E E > (7 0 < ' z W z o 0 v � IlUBWUJ6AOE)'s'no LlBf 9L61AVW WHOA Sd z a31StlW1SOd- 33NvunSNIHOA > t O a N fn lVO11VNH31N1 amv OIl WOO HOA 03Sn 38 AVW Q w LL J +{. o N C CF M o d y ,`y?)ld �� /o� - G q aw o -� p� OOJM •z � \�(D .�� J QY/ O� O Q wp a_ LO N CCV/ 0 �J _ f- Q� cl- QN) U o C 0 I ^� LL E > > Q �¢ {f}o /vld 4 �J n /-rp� ( �O ¢0U n U ¢ o :D!pftUippB NBw AIB ,P/O to Boma. w 0z 00 /UZI N TVT(/�'/ ,T/1 � ` � Q N4 n0?�9 f�V z O 0 a� ,y l wC O :WOIi pBA iO]BH M O W F O `JN1lIt/W 30 31VO1311833 3DIA83S IV1SOd s c U.S.POSTAL SERVICE c � CERTIFICATE a m OF MAILING o Received From: o n ry N a✓ 1l Py r7O One Piece Pike I ordinerY mail eddrined C3 C D 2 5 Co 7>C`7 x (n Ne~� ONE!«(-.yam• (0 00 z' r o0 P'gs 25 A 0 w f roZ, m MAYBE USED_ FO FppM glyp INTERINTER TINA ON IAIA FOR INSURANCE POSTMASTER PS FORM MAY 1978 3817 1 U.S.Governme U.S.POSTAL SERVICE CERTIFICATE OF MAILING T� Q Q Received From o o as n PA17o/ 1 one Piece o1 girdinary mail addressed to: n N~tee qNJ�� rU -� •wm cn _ Arc s fr, 1v 1?pt -- �� D X> MAY BE USED FOR DOMESTIC AND INTERNATIONAL m FOR INSURANCE —POSTMASTER PS FORM 3817 U.S.Governme MAY 1976 j c 2 U.S.POSTAL SERVICE CERTIFICATE OF MAILING ° 0 �7 Received From. X72 JSf. -C•—gr,�,-� A ;l/� PA ,7a f1 One oT prdinary I t0: O � ✓ w4 f as a Trtr aacvPld v.; u� �'c r cn Nf s •-r--p. e L4 R �e 0o�""'Ti �44efi Y47t 4..'Jes✓ n� Vf - I�wrn cn w D � HAtt�t�6eR+I PA m MAY BE USED FOR DOM�fIC AND INTERNATIONAL FOR INSURANCE —POSTMASTER PS FORM M AY 1976 3817 0 U.S.Governme M Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S nUFFnS OFFICE OF CUMBERLAND COUNTY T/�---~ .. t //iq0T//�i'/:) 211111N/4R 18 5/ L / CUHBFR'�����k�—` P�W���''—~ COUNT' '�—'`~y~@1N/A ceroubett Americhoice Federal Credit Union vs. John Allen Swinn (et al.) Case Number 2012-7365 SHERIFFS RETURN OF SERVICE 09/25/2013 02:41 PM - Deputy Jeff Kolodzi, being duly sworn accor ingtolaw.otateouemicnwomperfonMedby posting a true copy of the requested Real Estate Wr , Notice and Description, and Sale Handbill in the above titled action, upon the property located at 220 Willow Mill Park Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 10/03/2013 03:16 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time 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, Cumberland County. 10/09/2013 05:08 PM - Deputy Brian Grzybnuki, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personall handing a true copy to a person representing themselves to be the Defendant, to wit: Tina Marie Swinn at 446 Hilton Head Ave, Silver Springs Twp, Cadia|e, PA 17015. Cumberland County. 12/03/2013 As directed by Darrel C. Dethlefs, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 02/04/2014 As directed by Darrel C. Dethlefs, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/11/2014 Ronny R Anderson, Gheriff, being duly sworn according to |aw, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,049.62 SO ANSWERS, March 14, 2014 RONNW R ANDERSON, SHERIFF wcoun*SuteSneriff.releoso*'� IA 9s-- zite Olt ~. ��«������. .° = - �� On August 21, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 220 Willow Mill Road, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 21, 2013 By: CUL CO: Real Estate Coordinator - LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No 2012-7365 Civil Term AMERICHOICE FEDERAL CREDIT UNION vs. JOHN ALLEN SWINN, Tina Marie Swinn Atty.: Darrel C. Dethlefs 220 Willow Mill Park Road, Me- chanicsburg, Cumberland County, PA 17050. ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point in the northern dedicated right of way line of the public township road known as Willow Mil Park Road (T-600), at corner of land now or late of John Worden; thence extending along the line of land of the same North four de- grees thirty-four minutes twenty-two seconds West five hundred thirty-two and sixty-seven hundredths feet (N 4 degrees, 32 minutes, 22 seconds W 532.67 feet) to a point; thence North eighteen degrees two rninutes twenty-two seconds East one hun- dred ninety-seven and seventeen hundredths feet (N 18 degrees, 2 minutes, 22 seconds E 197.17 feet) to a point; thence South seventy-five degrees thirty-six seconds East one hundred twenty-four and fifteen- hundredths feet (S 75 degrees, 36 minutes 33 seconds E 124.15 feet) to a point in the western line of said public township road known as Wil- low Mill Park Road (T-600), aforesaid; thence extending along the western dedicated right of way of said Willow Mill Park Road (T-600) in a southerly direction by an arc of a circle curving to the left, said circle having a radius of 158.587 feet, the arc distance of 193.18 feet to a point; thence con- tinuing along the western dedicated right of way line of Willow Mill Park Road (T-600) South five degrees zero minutes seven seconds East four hundred forty-five and ninety-two hundredths feet (5 5 degrees 00 minutes 07 seconds E 445.92 feet) to a point; thence along the line of the same in a southwesterly direction by the arc of a circle curving to the right, said circle having a radius of 67.75 feet, the arc distance of 87.80 feet to appoint; thence along the dedicated right of way line of said Willow Mill Park Road (T-600), South sixty-nine degrees three minutes nineteen seconds West forty-seven and ten- hundredths feet (S 69 degrees 03 minutes 19 seconds West 47.10 feet) to a point at the corner of land now or formerly of John Worden, aforesaid, at the point and place of BEGINNING. 122 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, F litor SWORN TO AND SUBSCRIBED before me this 5 da of October 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 .The Patriot-News Co. ' _ Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMf3ERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 PatriOgeWS Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal offioeand place of business at2O2D Technology Pkwy, Suite 380.inthe Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patnot-News and The Sunday Patriot-News were estabiished March 4th, 1854, and September l8th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County ofDauphin in Miscellaneous Book "M", Volume 14, Page 317. ������ �` �`��s��n ._—.__--'—_—A~E~. UNION vs. Tina M*uemmxnn 220 Willow Mill Park Road, Mechanicsburg, Cumberland County, A�THAT CE���-- tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring, County of Cumberland and Commonwealth �'/ Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the northern dedicated right of way line of the public township road known as Willow Mill Park Road (T-600), at comer of land now or late of John Worden; thence extending along the line of land of the same North four degrees thirty-four ininutes twenty-two seconds West five hundred thirty-two and sixty-seven hundredths feet' (N 4 degrees, 32 minutes, 22 seconds W 532.67 feet).to a point; thence North eighteen degree1 two minutes twenty- two seconds East ninety- seven and seventeen hundredths feet (N 18 degrees, 2 minutes, 22 seconds E 197.17 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27113 Swo e his 11 day of November, 2013 A.D. [TN OF PENNSYLVANIA Notarlal Seal HOW Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 wMER, PENNSYLVANIA mssocuatowOFNOTARIES