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HomeMy WebLinkAbout13-1733 Supreme CojidMetnnsylvania Con ff o leas For Prothonotary Use Only: t < - Docket No: b. I CUMBERLAN County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and .service ofpleadings or other papers as required by law or rules o court. Co mencement of Action: Complaint ® Writ of Summons O Petition Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: SUSQUEHANNA VALLEY Lead Defendant's Name: FEDERAL CREDIT UNION OWEN D. HIGHAM T` Yes No Dollar Amount Requested: within arbitration limits Are money damages requested? (check one) ®outside arbitration limits Is this a Class Action Suit? ® Yes WNo Is this an MDJAppeal? © Yes No Name of Plaintiff /Appellant's Attorney: STEVEN HOWELL, ESQUIRE 13 Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution [3 Debt Collection: Credit Card © Board of Assessment ® Motor Vehicle ® Debt Collection: Other [3 Board of Elections ® Nuisance Dept. of Transportation 13 Premises Liability 8 Statutory Appeal: Other S 0 Product Liability (does not include [3 Employment Dispute: E mass tort) Discrimination [3 Slander/LSlander/Libel/ Defamation C' [3 Other. ® Employment Dispute: Other ® Zoning Board ' [3 Other: T ® Other: MASS TORT Asbestos Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: E3 Ejectment E3 Common Law /Statutory Arbitration 8 [3 Eminent Domain/Condemnation 13 Declaratory Judgment 13 Ground Rent ® Mandamus 13 Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY UTMortgage Foreclosure: Commercial ® Quo Warranto 0 Dental [3 Partition 13 Replevin Legal [3 Quiet Title ® Other: 0 Medical 0 Other: Q Other Professional: Updated 1/1/2011 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA VALLEY FEDERAL CREDIT UNION Plaintiff R. vs - CIVIL DIVISION = W ' { OWEN D. HIGHAM NO. t . - i- V Defendant l NOTICE TO DEFEND 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 FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 C /o9r7 R SUSQUEHANNA VALLEY FEDERAL COURT OF COMMON PLEAS CREDIT UNION 3850 HARTZDALE DRIVE CIVIL DIVISION CAMP HILL. PA 17011 PLAINTIFF CUMBERLAND COUNTY VS. OWEN D. HIGHAM NO. 22 COURTLAND ROAD CAMP HILL PA 17011 DEFENDANT MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. The Plaintiff is the Susquehanna Valley Federal Credit Union with a principal place of business located at 3850 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff is a federally chartered nonprofit credit union. 2. Owen D. Higham (hereinafter referred to as "Defendant ") is an adult residing at the address indicated in the caption hereof. 3. Laurie A. Higham is deceased having passed on February 18, 2012. Thereby title has vested solely in Owen D. Higham. 4. Plaintiff brings this action to foreclosure on the mortgage between Defendant and itself as Mortgagee. The Mortgage, dated November 17, 2008, was recorded on November 24, 2008 in the Office of the Recorder of Deeds in Cumberland County by Instrument Number 200837902. A copy of the Mortgage is attached and made part hereof as Exhibit "A ". Plaintiff is the legal owner of the mortgage. 5. The Mortgage secures the indebtedness of a Note executed by Defendant on November 17, 2008, in the original principal amount of $75,565.72 payable to Plaintiff in monthly installments with an interest rate of 8.500 %. A copy of the Note is attached and . R made part hereof as Exhibit `B ". 6. The land subject to the mortgage is 22 Courtland Road, Camp Hill, Cumberland County, PA 17011. A copy of the Legal Description is attached as part of the Mortgage as Exhibit "A" and incorporated herein. 7. The Defendant is the Recorded Owner of the mortgaged property at 22 Courtland Road, Camp Hill, Cumberland County, PA 17011. 8. The Mortgage is now in default due to the failure of the Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $66,357.11 Interest to 3/26/13 $ 4,145.39 (Per Diem $15.45) Accumulated Late Charges $ 20.00 Cost of Suit and Title Search $ 300.00 (Estimated) Attorney Fees $ 450.00 (As of 3/26/13) Total $71,272.50 Plus interest from March 26, 2013 at $15.45 per day, costs of suit and attorney's fees. 9. The attorney's fees set forth above are in conformity with the Mortgage documents (See Exhibit `B" at paragraph 4d) and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ( "Act 6 Notice ") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ( "Act 91 Notice ") 35 P. S. Section 1680.403c. 11. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on December 13, 2012. A copy of the Notice is attached and made part hereof as Exhibit "C" showing delivery on December 14, 2012. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of $71,272.50 together with the interest from 03/26/13 at $15.45 per day, costs of suit and attorney's fees. By: Stev How 1, Esqui e well Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770 -1277 Supreme Court ID 62063 Attorney for Plaintiff '7171 � 4: �.6 71 701278 HOWELL L^AW FIRM PAGE 02/06 Verification I verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. I verify that I am the President & CEO of the Susquebanna Valley Federal Credit Union. and that I am authorized to execute this document. By: Mary L i Ty. enda., President & CEO SVPCU Date: 3I Z1:Ir3 001632 This Instrument was prepared by: Susquehanna Valley FCU 3850 Hartzdale Dr Camp Hill, PENNSYLVANIA 17011 717 - 737 -4152 WHEN RECORDED, MAIL TO: Susquehanna Valley FCU 3850 Hartzdale Dr Camp Hill, PENNSYLVANIA 17011 UPI Number: 13 -23- 0557 -031 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE is made this 17th day of November, 2008, between the Mortgagor, Owen D. Higham, husband and wife Laurie A. Higham, (herein "Borrower "), and the Mortgagee, Susquehanna Valley FCU, a corporation organized and existing under the laws of PENNSYLVANIA, whose address is 3850 Hartzdale Dr, Camp Hill, PENNSYLVANIA 17011, (herein "Lender "). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $75,565.72, which indebtedness is evidenced by Borrower's note dated November 17, 2008 and extensions and renewals thereof (herein "Note "), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on November 15, 2023; 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: FOR TITLE INTO MORTGAGOR, SEE DEED RECORDED IN THE COUNTY OF CUMBERLAND, LOWER ALLEN TOWNSHIP, IN DEED/RECORD BOOK 0 -34, PAGE 363. which has the address of: 22 Courtland Road CAMP HILL, PENNSYLVANIA 17011 (herein "Property Address "); PENNSYLVANIA - SECOND MORTGAGE - 1/80 - FNMAIFHLMC UNIFORM INSTRUMENT Form 3839 Page 1 of 7 VMP- 76(PA) (0804) Borrowers Initials S1 EXHIBIT a m 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 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, PENNSYLVANIA - SECOND MORTGAGE -1/80 - FNMA/FHLMC UNIFORM INSTRUMENT Forth 383 Page 2 of 7 VMP- 76(PA) (0804) Borrowers Initials Q 17`1 "404 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," 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. 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 PENNSYLVANIA - SECOND MORTGAGE -1/80 - FNMAIFHLMC UNIFORM INSTRUMENT I Form 383 Page 3 of 7 VMP- 76(PA) (0804) Borrower's Initials !9 terms of payment, such amounts shall 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, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or 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 PENNSYLVANIA - SECOND MORTGAGE -1/80 - FNMAIFHLMC UNIFORM INSTRUMENT I Form 3839 Page 4 of 7 VMP- 76(PA) (0804) Borrowers Initials yoi� V used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 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 costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if. (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred PENNSYLVANIA - SECOND MORTGAGE -1/80 - FNMAIFHLMC UNIFORM INSTRUMENT Form 383 Page 5 of 7 VMP- 76(PA) (0804) Borrowers Initials 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, 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 without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgement 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. PENNSYLVANIA - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT Form 3839 Page 6 of 7 VMP•76(PA) (0804) Borrower's Initials IN WITNESS WHEREOF, Borrower has executed this Mortgage. ,8..11�.c.� - y y?. 7r -0 ,B.A..I� y7. ?r - Q - Witness - Witness c ..., Owen D. Higham - Borrower a A. Higham - Borrower (Sign Original Only) COMMONWEALTH OF PENNSYLVANIA, — County ss: On this, the 1 7 t � day of A/c Y e b d . - z oo a , before me, the undersigned officer, personally appeared Owen D. Higham, and Laurie A. Higham known to me (or satisfactorily proven) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged that he /she /they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: A ac acs t A 7, z o„ COMMON T TH OF PENNSYLV – J0 ,....e Nc ;ti;:rial Sed Shelby R. Pvtrrill, Notary Public Lower AlenT%P., Cumberland County Title of Officer Wo t 4- y O o• b %c My Cranmission Esquires Aug. 27, 2011 Member, ?enns,,r!vania Association of No,arie:, Certificate of Residence I, c5 A a ) b Y R. M o � � : > > , do hereby certify that the correct address of the within -named Lender is Susquehanna Valley FCU, 3850 Hartzdale Dr, Camp Hill, PENNSYLVANIA 17011. Witness my hand this i7 t a day of zoo 8 Jf 1 . •fir .y a + . .¢ -''e -Agent of Lender 4.: k,u M fx V4 PENNSYLVANIA- SECOND MORTGAGE -1/80 - FNMA/FHLMC UNIFORM INSTRUMENT Form 3839 Page 7 of 7 VMP- 76(PA) (0804) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSESQUARE ' CARLISLE, PA 17013 717 - 240 -6370 a Instrument Number - 200837902 Recorded On 11/24/2008 At 12:06:56 PM * Total Pages - 8 • Instrument Type - MORTGAGE Invoice Number - 32799 User ID - AF • Mortgagor - HIGHAM, OWEN D • Mortgagee - SUSQUEHANNA VALLEY FCU • Customer - SUSQUEHANNA VALLEY FED CR UN * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES - $17.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $54.50 I Certify this to be recorded in Cumberland County PA of CUMe� RECORDER O D EDS 1750 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001632 IIIIIIIIIIIIII IIII COMMONWEALTH OF PE4N9YMNIA i' VEKAPTIAEN! OF RtVENUE THI9-IN�PN��I -i r• Irft x`7 t 4 Q. 0 0; M A D E o � 199 1 f OJ O 0:1r Lord, a ^e t'`O n { ne h�nCr•eQ n eLy (199 BETWEEN V SAN A. %F'•SON, single woran GRAy•OR(S) ANo 0WEN 0. WI GRAM AN! �AUR;E. A. HIGHAM, his wife GRANTEES) WITVESSETA that 11 consideration o,: Sevmnty -four thousand Nine hundred and - o /iCa ------- igta,9C0- D0; ------ Dollars, lawful money 2' the Unitea Stites Of Aenlrica, `n hand paid, the receipt who ^eof is nereby acknowledged, the said grantors) do(es) hereby grant and convey unto the said grant6e(s), ALL THAT certain tract or parcel of land, situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described in ecccrdence with a survey and plan thereof, made by O.P. Raffensperger Associates, Engineers and Surveyors, dated November 21, 1973, as follows, to wit: BEGINNING at a point on the Northerly line of Courtland Road (50 feet wide) which point is 622.91 feet in a westerly direction from the northwesterly corner of the intersection & Cumberland and Courtland Roads; thence along the northerly line of Courtland Road in an arc, having a radius of 180 feet in a westerly direction $4.0 feet to a point; thence North 10 degrees 28 minutes East 29.08 feet to a point: thence North 04 degrees 02 minutes East 126.20 feet to a point on the southern line of Lot No. 92 on the . hereinafter mentioned Plan of Lots; thence along VIA southern line of Lots Nos. 92 and 93 South 78 degrees 23 minutes East 101.07 feet to a point On the western line of Lot No. 75; thence along the western line of Lot No. 75 South 22 degrees '25 minutes West 'S3 feet to a Pe +nr on the norr,re -'y line of Courtland Road, the Place of BEGINN:NG. 3EING ,r.+ r, o> -at Nc. 1 5, '-act cc. 3 on the Plan of Cumberland ar.rk, raco^ted in P'an 600= 5, Page 3. S=ING k -ow•^ of No. 2 ^ . .O� `C ?nd nOad. O in s u CM& k 'CO. Via. cn '�x�d Ltcp.aie.�a� � '; s'. v'i �' - �..rri . _ y�� ! �� APR 1'7't 3 w -' A cc Z1ui►AOUtQAA@L fys�Ca0ltLOaLJyL r a cc s s �iO34 f 363 i �• BEING THE SAME PREMISES which Joanne R..Enck conveyed unto Susan A. Nelson, by deed dated August 23, 19S4 and r9go -oed August 3C, 1984 in the Recorder's Off =ce in and $or G_ mde•1anc ':aunty, Penrsylvania.. lecord Scok w, volume 30, Page 290.. AND the said grantor(s) will spec ally warrant and forever defend the property hereby conveyed. IN WITNESS WHEREOF. the said grantors) have hereunto set tneir• /his /her hand(s) and seal(s), the day and year first above- written. SEALED ANO DSLivEREO IN T)1.11 PRES CE Of: SUSAN A. NELSON COMMONMEALTN OF PENNSYLVAN COUNTY OF On this, the lo day of 1990, before me, a notary public, personally appeared v Susan A. Nelson known to me (or satisfactorily proven) to be the Persons) whose name(*) are /is subscribed to the within instrument and acknowledged i that they /he /she acknowledged the same for the purposes therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand rnd o!f +gial seal. MUM eta. -- - �. -- MUM MII tar. istat h►1K .'t. r.. r lwmi�y. tAenew tw O • . A tamanwn t.evn lynl a. 1fp f� •, tiG` •t : hereby cart• ?y thee. tre pr9c'se - asIdence of t -e 's as follors: ;�,.': •�i�j0 ;;��t r ^418 ' y Of P*nna Ivan:a (, •' ,tlGl! / i Ceunfy of Sao Of rn n. . I i and fdt / r te , ri ..v�d�. �t 3� • ...N� r r V • • at'wC�arli li i . '�i � '�•�....•�'� Recorder _NA s .. :1..J.,N.� L•i •�� �►rS:Slslr :r....,c #I .._. t J _ _ _ Loan Number: 9385 -46 Secondary Mortgage Loan This agreement is subject to the provisions of the secondary mortgage loan act. INOTE November 17, 2008 CAMP HILL, PENNSYLVANIA 22 Courtland Road CAMP HILL, PENNSYLVANIA 17011 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $75,565.72 (this amount will be called "principal "), plus interest, to the order of the Lender. The Lender is Susquehanna Valley FCU. 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 8.500 %. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S. $743.88. I will make my payments on the 15th day of each month beginning on December 15, 2008. I will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If, on November 15, 2023,1 still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly payments at Susquehanna Valley FCU 3850 Hartzdale Dr Camp Hill, PENNSYLVANIA 17011 or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of FOURTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be $20.00 I will pay this late charge only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment by the date stated in Section 3 above, I will be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so if I am in default at a later time. (C) Notice from Note Holder If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me. (D) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated November 17, 2008, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE If within the first twenty-four (24) months after the execution of the Note, I prepay my loan in full, I will pay a Prepayment penalty. The Prepayment Penalty charge will equal to all upfront closing costs paid at closing by Lender. PENNSYLVANIA- Second Mortgage - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT Form 3939 VMP- 75A(PA) (0809).01 Page 1 of 2 MODIFIED for Prepayment Penalty, by: IDS, Inc. Borrower(s) Initials Q: 10, Ag— EXHIBff m Loan Number: 9385 -46 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 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 (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. WITNESS THE HAND(S) AND (S) OF THE UNDERSIGNED Seal Seal Owen D. Higham - Borrower A. Higham - Borrower (Sign Original Only) PENNSYLVANIA- Second Mortgage -1180 - FNMAIFHLMC UNIFORM INSTRUMENT Form 3939 VMP- 75A(PA) (0809).01 Page 2 of 2 MODIFIED for Prepayment Penalty, by: IDS, Inc. DATE OF NOTICE: December 13, 2012 ACT 91 NOTICE TO TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN OFFICIAL NOTICE THAT THE MORTGAGE ON YOUR HOME IS IN DEFAULT AND THE LENDER INTENDS TO FORECLOSE. SPECIFIC INFORMATION ABOUT THE NATURE OF THE DEFAULT IS PROVIDED IN THE ATTACHED PAGES. THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) MAY BE ABLE TO HELP SAVE YOUR HOME. THIS NOTICE EXPLAINS HOW THE PROGRAM WORKS. TO SEE IF HEMAP CAN HELP, YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. TAKE THIS NOTICE WITH YOU WHEN YOU MEET WITH THE COUNSELING AGENCY. THE NAME, ADDRESS AND PHONE NUMBER OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE LISTED AT THE END OF THIS NOTICE. IF YOU HAVE ANY QUESTIONS, YOU MAY CALL THE PENNSYLVANIA HOUSING FINANCE AGENCY TOLL FREE AT 1 -800- 342 -2397. [PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780 - 1869]. THIS NOTICE CONTAINS IMPORTANT LEGAL INFORMATION. IF YOU HAVE ANY QUESTIONS, REPRESENTATIVES AT THE CONSUMER CREDIT COUNSELING AGENCY MAY BE ABLE TO HELP EXPLAIN IT. YOU MAY ALSO WANT TO CONTACT AN ATTORNEY IN YOUR AREA. THE LOCAL BAR ASSOCIATION MAY BE ABLE TO HELP YOU FIND A LAWYER. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR s EXHIBIT 0 € C E m EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER/S NAMES: Owen D. Higham PROPERTY ADDRESS: 22 Courtland Road Camp Hill, PA 17011 LOAN ACCOUNT NUMBER: 9385 -46 (November 17, 2008) ORIGINAL LENDER: Susquehanna Valley Federal Credit Union 3850 Hartzdale Drive Camp Hill, PA 17011 (717) 737 -4152 CURRENT LENDER: Susquehanna Valley Federal Credit Union 3850 Hartzdale Drive Camp Hill, PA 17011 (717) 737 -4152 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELEGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ♦ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. ♦ IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ♦ IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face to face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the 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 TEMPORARILIY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (IF YOU HAVE FILED BANKRUPTCY YOU CAN STILL APPLY FOR EMERGENCY MORTGAGE ASSISTANCE). HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender on your property located at 22 Courtland Road, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT BECAUSE: A. YOU HAVE NOT MADE MONTHLY (OR BIWEEKLY) MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Missed Payments Principal & Interest Late Fee July 15, 2012 $ 743.88 $ 20.00 August 15, 2012 $ 743.88 $ 20.00 September 15, 2012 $ 743.88 $ 20.00 October 15, 2012 $ 743.88 $ 20.00 November 15, 2012 $ 743.88 20.00 Subtotal $3,719.40 $100.00 Interest 6/16/12— 12/13/12 $2,781.00 ($15.45 per diem from 6/16/12) TOTAL AMOUNT PAST DUE $6,600.40 AS OF DECEMBER 13, 2012 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 $6,600.40 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PAYMENTS MUST BE MADE EITHER BY CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER MADE PAYABLE AND SET TO Susquehanna Valley Federal Credit Union 3850 Hartzdale Drive Camp Hill, PA 17011 (717) 737 -4152 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender which may also include other reasonable costs. If you cure the default within THE THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Contact Person: Matt White, Collections Manager Susquehanna Valley Federal Credit Union 3850 Hartzdale Drive Camp Hill, PA 17011 (717) 737 -4152 EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to r live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE THE DEFAULT (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY SEE ATTACHED LIST OF FOUR AGENCIES FOR CUMBERLAND COUNTY .,i +4MAP Consumer Credit Counseling Agencies CUMUftAkND . County Report last updated: 1/28/2011 8:36:10 AM CCCS of Western PA 2000 Lingiestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232,9757 MNaranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA ti -a U' 1AL. USE 0 MINI Mir � Postage $ VM B �Rl Ul Cerdfied rU ��astrnadc �} tum Receipt Fee O t 2.� r3 ( er Required) z 0 Restdded Delivery Fee (Endorsement Raqulrsd) f 1 Er Total Postage & Fees ` • 1` IL N ; . ........ ... _ .. ------ •-- - - - - -- slam; a 7 7 Op Certifi Of Wiling � ThisCertificffie of Mailing provides evidence that matt has been presented to USPS® for mailing This form may De usetl for d ? o / m�estic and intemati nal mail From: To: 0 ! 1I 0 DCl C LO nn f n 3 _ �• Q /L Ti�U� J �� /! J ~ + WOfr D —tom �J11 -- t .l_000 co m = o :D PS Forth 3817, April 2007 PSN 7530.02- 000 -9065 USPS.com@ - Track & Confirm 12/17112 1:54 PM • English • Customer Service USPS Mobile Register Sign In LWICOM Search USPS.com or Track Packages Quk* Tootle Ship a Pad"@ Send MON Mw" Your MON Shop Bum Sokillons. Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES 70 112970000 i7 First -Class Mail Delivered December 14, 2012, 12:04 pm CAMP HILL, PA 17011 Expected Delivery By: December 14, 2012 Certified Mail' Return Receipt Processed through December 14, 2012, 4:51 am HARRISBURG, PA 17107 USPS Sort Facility Depart USPS Sort December 14, 2012 HARRISBURG, PA 17107 Facility Processed at USPS December 14, 2012, 1:17 am HARRISBURG, PA 17107 Origin Sort Facility Dispatched to Sort December 13, 2012, 5:51 pm NEW Facility CUMBERLAND, PA 17070 Acceptance December 13, 2012, 2:24 pm ! NEW CUMBERLAND, PA 17070 Check on Another Item What's your label (or receipt) number? Find LEGAL ON USPS.COM ON ABOUT.URPC cnnn 31TES Privacy Policy , mer Gateway, Terms of Use, , FOIA> No FEAR Act EEO Data , al , • C mpMe 16�tna 1, 2. add 3. Alan complete A to Aim Item 4 If PMUIOWd Dalttnxy Is desired. X ,iµ.w p le Prtrrt yw name and addrleiea 0n the reverse so that We ow r AUM the Bard to you, 9. Received C. Date of Delivery ■ Attach 01W 1W oard to the book of the mallpiece, 6 We/ M or on the front if epece permb. D. is dwhwy address 1Forit bm i? Q Y" 1, Article Addressed to: if YES, ~ delivery address below: [3 No OU4 01. y �a C00ki SAO 3. Sonitim TYPO A 0,1=90d A O.O.D. 4. Restricted Delivery? A" Fee) O Yom 2• .Article NuMber 7 011 2970 0 0 0 2. 5 6 4 0 562-7 mwmdbr non swvke kW 1o2b95di2 M t54D https: //tools.usps.com /g�,, ;a Domr�sticRetum Rec61Rt °' .' Page 1 of 1 :3 FORM 1 r SUSQUEHANNA VALLEY FEDERAL IN THE COURT OF COMMON PLEAS OF w CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA; Plaintiff(s) � C VS. 'j W OWEN D. HIGHAM Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 1/2-/13 Date Signature of Counsel 7 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: APPLICATI CUSTOMER PHINIARY Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? A iNF'ORNIATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats. motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently Davinel EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Su port/Alim. Spending Money Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: � s Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 4S days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed � f FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Civil REQUEST FOR cowiUAnm CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendants) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 419 of FILED-Of, Jody S Smith H E P R 0 T Chief Deputy 23913APR 15 PH 3: 06 Richard W Stewart Solicitor OFPCEOFTHESKRIrr CUMBERLAND COUNT-l' PENNSYLVANIA Susquehanna Valley Federal Credit Union Case Number vs. Owen D. Higham 2013-1733 I SHERIFF'S RETURN OF SERVICE 04/0912013 07:31 PM-Deputy Ryan Burgett, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit:Owen D. Higharn at 22 Courtiand Road, Lower Allen Township, Camp Hill, PA 17011. RYAN l3URG_9"-,b5;W4�;: SHERIFF COST: $43.00 SO ANSWERS, eoo�' April 10, 2013 R70NI'rY R ANDERSON, SHERIFF (c)CountySufte Shentf.Telaosoft,Inc, 7 y SUSQUEHANNA VALLEY FEDERAL THE COURT OF COMMON PLEAS CREDIT UNION, OF CUMBERLAND COUNTY C) PLAINTIFF PENNSYLVANIA V. CIVIL ACTION—LAW , Ln cs �-�c OWEN D. HIGHAM -< --n DEFENDANT NO. 13-1733 TO: Owen D. Higham 22 Courtland Road Camp Hill PA 17011 DATE OF NOTICE: June 4,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717)249-3166 AVISO IMPORTANTE A: Owen D.Higham 22 Courtland Road Camp Hill PA 17011 ECHA DEL AVISO: June 4,2013 USTED STA EN EBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CO LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESETADO CONTRA USTED. A MEMOS QUE USTED ACTUE DENTRO DE DIEZ EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTRO S DERECHOS IMPORTANTES. USTED DEBE LLEVAR EST DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LAW SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE. INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Respectfully submitted, By: Ste n Howe U, Esquir owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Date: June 4,2013 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Owen D. Higham 22 Courtland Road Camp Hill PA 17011 By: Stev How ` Date: June 4, 2013 SUSQUEHANNA VALLEY FEDERAL THE COURT OF COMMON PLEAS CREDIT UNION, OF CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA 2 c r CD W T V. CIVIL ACTION—LAW zm c rri, ,n r- 7��n OWEN D. HIGHAM c)ti DEFENDANT NO. 13-1733 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a DEFAULT JUDGMENT against OWEN D. HIGHAM for his failure to file an Answer to the Complaint served April 9, 2013 on Owen D. Higham by the Office of the Sheriff of Cumberland County as shown on Exhibit"A-1" in accordance with PA R.C.P. 404 and 403. A Notice of Intention to Take a Default Judgment was filed on June 5,2013 and served using a U.S. Postal Certificate of Mailing by first class prepaid postage on June 4, 2013 as shown on Exhibit"A-2" (Certificate of Mailing USPS Form 3817 is attached showing service).No answer or response having been filed with the Prothonotary as of June 18, 2013 please enter a Default Judgment in the following amount of$72,570.30 plus all costs: Count I $71,272.50 Interest Count I $ 1,297.80 ($15.45 Per Diem from March 26, 2013) $72,570.30 plus all costs Respectfully submitted, By: St n Howell squire owe]] Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Date: June 19, 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith r Chief Deputy Richard W Stewart .krt` Solicitor 0FRCE OF xk W$kER[Fr Susquehanna Valley Federal Credit Union Case Number vs. Owen D. Higham 2013-1733 SHERIFF'S RETURN OF SERVICE 04/09/2013 07:31 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendaht,to wit: Owen D. Higham at 22 Courtland Road, Lower Allen Township, Camp Hill, PA 17011. RYM BURGS— ,�E SHERIFF COST: $43:00 SO ANSWERS, April 10, 2013 RbNW R ANDERSON, SHERIFF (.^.j CountySui;e Shertf,Toleosoft,Inc. SUSQUEHANNA VALLEY FEDERAL THE COURT OF COMMON PLEAS CREDIT UNION, OF CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION-LAW C 71 C C=7 OWEN D. HIGHAM DEFENDANT NO. 13-1733 n K�,.n �Y> n TO: Owen D. Higham v c-) Jo 22 Courtland Road x,c -+' Camp Hill PA 17011 DATE OF NOTICE: June 4, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717)249-3166 AVISO IMPORTANTE A: Owen D. Higham 22 Courtland Road Camp Hill PA 17011 ECHA DEL AVISO: June 4, 2013 USTED STA EN EBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CO LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESETADO CONTRA USTED. A MEMOS QUE USTED ACTUE DENTRO DE DIEZ EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTRO S DERECHOS IMPORTANTES. USTED DEBE LLEVAR EST DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LAW SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE. INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDE PROVEER 1NFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Respectfully submitted, By: �6B Howe , Esquir Law Firm 19 ridge Street New Cumberland,PA 17070 (717) 770.1 277 Supreme Court ID 62063 Date: June 4,2013 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Owen D. Higham 22 Courtland Road Camp Hill PA 17011 By: Stev How Date: June 4, 2013 �... UNITED STATES Certificate Of POSTAL SERVICE Mailing This Cer8ftate of MaiRr g provides evidence that mail has been presented to USPS®for making. From m' .. .. . .. 1 p m a STEVEN HOWELL, ESQUIRE ' S -- HOWELL LAW FIRM s`t � 619 BRIDGE STREET ��� NEW CUMBERLAND PA 17070 Z rn :E To: p w I ry �. fh4. 7 N OoVCA� W. caorn v /* 1-7°r( �° W D Ps Fo m 3817,April 2007 PSN 7530-02-000-9065 SUSQUEHANNA VALLEY FEDERAL THE COURT OF COMMON PLEAS CREDIT UNION, OF CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION—LAW OWEN D. HIGHAM DEFENDANT NO. 13-1733 RULE 236 NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a money judgment in the above captioned action has been entered a ainst OWEN D. HIGHAM in the amount of$72,570.30 plus all costs on 2013. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. r BY: If you have any questions regarding this Notice, please contact the filing party: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 This Notice is given in accordance with Pa R.C.P. 236.Notice should be sent to: Owen D. Higham 22 Courtland Road Camp Hill PA 17011 PRAECIPE FOR WRIT OF EXECUTION- (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SUSQUEHANNA VALLEY FEDERAL IN THE COURT OF COMMON CREDIT UNION PLEAS OF CUMBERLAND COUNTY 3850 HARTZDALE DRIVE CAMP HILL PA 17011 PLAINTIFF CIVIL ACTION - LAW VS. . ACTION OF MORTGAGE FORECLOSURE OWEN D. HIGHAM NO. 13-1733 Mortgagor(s) and Record Owner(s) ) 22 Courtland Road C= Camp Hill PA 17011 c . M DEFENDANT(S) -<I> CD PRAECIPE FOR WRIT OF EXECUTION ED TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due: $72.570.30 Interest from 3/26/13 To Date of Sale per diem of$15.45: Costs to be added: By: �/3 01) t- o2_�i'S �� Apw*' 11 en How ,Esquire e Law Firm " '" 619 Bridge Street /� S-� �• New Cumberland,PA 17070 Supreme Court ID 62063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-1733 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due Susquehanna Valley Federal Credit Union 3850 Hartzdale Drive Camp Hill,PA 17011 Plaintiff(s) From Owen D.Higham (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$72,570.30 Plaintiff Paid$ Interest from 3/26/13 to date of Sale per diem of$15.45 Attorney's Comm. % Law Library$$.50 Attorney Paid$ 191.75 Due Prothonotary$2.25 Other Costs$ Date: Sept.4,2013 Da i D.Buell,Prothonotary r4�ai� By: Deputy REQUESTING PARTY: Name : Steven Howell,Esq. Howell Law Firm Address: 619 Bridge St. New Cumberland,PA 17070 Attorney for: Telephone: Supreme Court ID No. 62063 6 SUSQUEHANNA VALLEY FEDERAL IN THE COURT OF COMMON CREDIT UNION, PLEAS OF CUMBERLAND COUNTY 3850 HARTZDALE DRIVE CAMP HILL PA 17011 PLAINTIFF CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE OWEN D. HIGHAM NO. 13-1733 Mortgagor(s) and Record Owner(s) 22 Courtland Road Camp Hill PA 17011 . DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129 SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff in the above action,by counsel,Steven Howell,Esquire,Howell Law Firm,sets forth as of the date the praecipe for the writ of.execution was filed the following information concerning the real property located at: 22 Courtland Road Camp Hill PA 17011 c 2 1. Name and address of Owner(s) or Reputed Owner(s): M r rn OWEN D. HIGHAM --<A - C: . 22 Courtland Road Camp Hill PA 17011c A 2. Name and address of Defendant(s) in the judgment: c OWEN D. HIGHAM 22 Courtland Road Camp Hill PA 17011 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 HARTZDALE DRIVE CAMP HILL PA 17011 t SUSQUEHANNA VALLEY FEDERAL CREDIT UNION C/O STEVEN HOWELL, ESQUIRE/ HOWELL LAW FIRM 619 BRIDGE STREET NEW CUMBERLAND PA 17070 SALVATORE FILIPPELLO,ESQUIRE KML LAW GROUP,P.C. SUITE 5000 - BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA PA 19106 PNC BANK,NATIONAL ASSOCIATION 3232 NEWMARK DRIVE MIAMISBURG OH 45342 PNC BANK,NATIONAL ASSOCIATION C/O LOIS M.VITTI, ESQ./VITTI AND VITTI AND ASSOCIATES PC 215 FOURTH AVENUE PITTSBURG PA 15222 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle PA 17013 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg.-Room 432 PO Box 2675 Harrisburg PA 17105-2675 4.Name and address of the last recorded holder of every mortgage of record: PNC BANK,NATIONAL ASSOCIATION 3232 NEWMARK DRIVE MIAMISBURG OH 45342 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which 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: DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486,Willow Oak Building Harrisburg PA 17105-8486 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE, INHERITANCE TAX DIVISION 113 STRAWBERRY SQUARE 6TH FLOOR HARRISBURG PA 17128 INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVENUE, 13TH FLOOR SUITE 1300 PITTSBURG PA 15222 TENANTS/OCCUPANTS 22 Courtland Road Camp Hill PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my information and belief.I understand that false statements are made subject to the penalties of 18 Pa. C.S.Section 4904 relating to unsworn falsification to authorities. Dated: September 4, 2013 By: Stev Howell, quire well Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 ALL THAT CERTAIN TRACT OR PARCEL OF LAND,SITUATE IN LOWER ALLEN TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANIA,BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND PLAN THEREOF,MADE BY D.P.RAFFENSPERGER ASSOCIATES,ENGINEERS AND SURVEYORS,DATED NOVEMBER 21,1973,AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE NORTHERLY LINE OF COURTLAND ROAD(SO FEET WIDE)WHICH POINT IS 622.97 FEET IN A WESTERLY DIRECTION FROM THE NORTHWESTERLY CORNER OF THE INTERSECTION OF CUMBERLAND AND COURTLAND ROADS;THENCE ALONG THE NORTHERLY LINE OF COURTLAND ROAD IN AN ARC,HAVING A RADIUS OF 180 FEET IN A WESTERLY DIRECTION 54.0 FEET TO A POINT; THENCE NORTH 10 DEGREES 26 MINUTES EAST 29.08 FEET TO A POINT;THENCE NORTH 04 DEGREES 02 MINUTES EAST 126.90 FEET TO A POINT ON THE SOUTHERN LINE OF LOT NO.92 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;THENCE ALONG THE SOUTHERN LINE OF LOTS NOS.92 AND 93 SOUTH 78 DEGREES 23 MINUTES EAST 101.07 FEET TO A POINT ON THE WESTERN LINE OF LOT NO.75;THENCE ALONG THE WESTERN LINE OF LOT NO.75 SOUTH 22 DEGREES 25 MINUTES WEST 160 FEET TO A POINT ON THE NORTHERLY LINE OF COURTLAND ROAD,THE PLACE OF BEGINNING. BEING PART OF LOT NO.76,TRACT NO.3 ON THE PLAN OF CUMBERLAND PARK,RECORDED IN PLAN BOOK 6,PAGE 3. IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY LOWER ALLEN TOWNSHIP BEING PREMISES:22 Courtland Road,Camp Hill PA 17011 SOLD as the property of OWEN D.HIGHAM TAX PARCEL# 13-23-0557-031 BEING the same premises which SUSAN A. NELSON, SINGLE womAN by deed dated 5/10/1990 and recorded 5/16/1990 in Cumberland County in Deed Book Volume 0-34 at Page 363 granted and conveyed unto OWEN D. HIGHAM AND LAURIE A. HIGHAM, HIS WIFE and the said LAURIE A. HIGHAM departed this life on 2/18/2012, vesting title solely in OWEN D. HIGHAM SUSQUEHANNA VALLEY FEDERAL IN THE COURT OF COMMON CREDIT UNION PLEAS OF CUMBERLAND COUNTY 3850 HARTZDALE DRIVE CAMP HILL PA 17011 PLAINTIFF CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE OWEN D. HIGHAM NO. 13-1733 Mortgagor(s) and Record Owner(s) 22 Courtland Road Camp Hill PA 17011 DEFENDANT(S) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c'> c C= -mow c �; TO: HIGHAM,OWEN D. -"M M OWEN D. HIGHAM Z r 22 Courtland Road ,<— '�ED ca Camp Hill PA 17011 F c-, =a) Your house at 22 Courtland Road,Camp Hill,PA 17011 is schedulec�t4e sold at Sheriffs Sale on Wednesday, December 04, 2013,at 10:00 AM, in Commissioners Hearing Rm 2nd Floor Courthouse to enforce the court judgment of $72,570.30 obtained by SUSQUEHANNA VALLEY FEDERAL CREDIT UNION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The safe will be cancelled if you pay to Susquehanna Valley Federal Credit Union the back payments,late charges,costs and reasonable attorney's fees due.To find out how much you must pay call Matt White, Collections Manager at 717-737- 4152. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights.The sooner you contact one, the more chance you will have of stopping the sale. (See the notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 price by calling the Sheriff at 717-240-6390. 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 your 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 the Sheriff at 717-240- 6390. 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. S. You have a 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 proceedings to evict you. 6. You may be entitled to a share of the money,which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within the (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http:l/www.philadelphia.org/foreclosure% YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 717-249-3166 LEGAL SERVICES INC. 8 IRVINE ROW CARLISLE PA 17013 717-243-9400 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you,you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to qualified attorney call either of the following numbers: 717-249-3166 or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3).Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default.Please See the PHFA website http://www.phfa.org/consumer/homeowners/real.aspx 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6).Call or contact Matt White,Collections Supervisor at 717-737-4152 or fax 717-441-2022 to request the amount to bring the account current or payoff the mortgage or request a Loan Workout/Home Retention Package.The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. SUSQUEHANNA VALLEY FEDERAL IN THE COURT OF COMMON CREDIT UNION PLEAS OF CUMBERLAND COUNTY 3850 HARTZDALE DRIVE CAMP HILL PA 17011 PLAINTIFF CIVIL ACTION- LAW VS. ACTION OF MORTGAGE FORECLOSURE OWEN D.HIGHAM NO. 13-1733 Mortgagor(s) and Record Owner(s) 22 Courtland Road Camp Hill PA 17011 DEFENDANT(S) CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff,by counsel,hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: Steve o ;Es ire ell La; irm 19 Bridge Street New Cumberland,PA 17070 Supreme Court ID 62063 , c � ` =rn rn = -0 —V Zar- i -J CD • .� 'LJM rV SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Fib ip-r} -I;iCE Sheriff comber/ L ' t t ti UTt3a r.,R', 00 et Jody S Smith ` � � t Chief Deputy r r 3 Richard W Stewart CUMBERLAND COUNTY Solicitor QF ICEOFMESRERIFF PENNSYLVAN3to Susquehanna Valley Federal Credit Union Case Number vs. 2013-1733 Owen D. Higham SHERIFF'S RETURN OF SERVICE 09/27/2013 03:25 PM -Deputy Jamie DiMartle, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 22 Courtland Road, Lower Allen -Township, Camp Hill, PA 17011, Cumberland County. 09/27/2013 03:25 PM - Deputy Jamie DiMartle, 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: Owen D. Higham at 22 Courtland Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. • SHERIFF COST: $979.79 SO ANSWERS, December 09, 2013 RONIq ANDERSON, SHERIFF • - aS pal ea Sb 4-4-Pd as 9W(9 * o9 9333 (c)CountySuite Sheriff,Teleosoft.Inc. r` SUSQUEHANNA VALLEY FEDERAL IN THE COURT OF COMMON CREDIT UNION PLEAS OF CUMBERLAND COUNTY 3850 HARTZDALE DRIVE • CAMP HILL PA 17011 • PLAINTIFF . CIVIL ACTION -LAW VS. . ACTION OF MORTGAGE FORECLOSURE OWEN D. HIGHAM NO. 13-1733 Mortgagor(s) and Record Owner(s) • 22 Courtland Road • Camp Hill PA 17011 • DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129 SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Plaintiff in the above action,by • counsel,Steven Howell, Esquire, Howell Law Firm,sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 22 Courtland Road Camp Hill PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): OWEN D.HIGHAM 22 Courtland Road Camp Hill PA 17011 2.Name and address of Defendant(s) in the judgment: OWEN D. HIGHAM 22 Courtland Road Camp Hill PA 17011 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 HARTZDALE DRIVE CAMP HILL PA 17011 f . SUSQUEHANNA VALLEY FEDERAL CREDIT UNION C/O STEVEN HOWELL, ESQUIRE/HOWELL LAW FIRM 619 BRIDGE STREET NEW CUMBERLAND PA 17070 SALVATORE FILIPPELLO, ESQUIRE KML LAW GROUP,P.C. SUITE 5000 -BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA PA 19106 PNC BANK,NATIONAL ASSOCIATION 3232 NEWMARK DRIVE MIAMISBURG OH 45342 PNC BANK,NATIONAL ASSOCIATION C/O LOIS M.VITTI, ESQ./VITTI AND VITTI AND ASSOCIATES PC 215 FOURTH AVENUE PITTSBURG PA 15222 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle PA 17013 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg.-Room 432 PO Box 2675 Harrisburg PA 17105-2675 4.Name and address of the last recorded holder of every mortgage of record: PNC BANK, NATIONAL ASSOCIATION 3232 NEWMARK DRIVE MIAMISBURG OH 45342 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which 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: DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486,Willow Oak Building Harrisburg PA 17105-8486 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE,INHERITANCE TAX DIVISION 113 STRAWBERRY SQUARE 6TH FLOOR HARRISBURG PA 17128 INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVENUE, 13TH FLOOR SUITE 1300 PITTSBURG PA 15222 TENANTS/OCCUPANTS 22 Courtland Road Camp Hill PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.Section 4904 relating to unsworn falsification to authorities. Dated: September 4,2013 By: Stev Howell, quire •well Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 y SUSQUEHANNA VALLEY FEDERAL IN THE COURT OF COMMON CREDIT UNION PLEAS OF CUMBERLAND COUNTY 3850 HARTZDALE DRIVE • CAMP HILL PA 17011 • PLAINTIFF • • CIVIL ACTION -- LAW VS. • ACTION OF MORTGAGE FORECLOSURE OWEN D. HIGHAM NO. 13-1733 Mortgagor(s) and Record Owner(s) 22 Courtland Road Camp Hill PA 17011 DEFENDANT(S) • THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HIGHAM,OWEN D. OWEN D. HIGHAM 22 Courtland Road Camp Hill PA 17011 Your house at 22 Courtland Road,Camp Hill,PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, December 04, 2013,at 10:00 AM,in Commissioners Hearing Rm 2nd Floor Courthouse to enforce the court judgment of $72,570.30 obtained by SUSQUEHANNA VALLEY FEDERAL CREDIT UNION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Susquehanna Valley Federal Credit Union the back payments,late charges,costs and reasonable attorney's fees due.To find out how much you must pay call Matt White,Collections Manager at 717-737- 4152. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights.The sooner you contact one, the more chance you will have of stopping the sale. (See the notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 price by calling the Sheriff at 717-240-6390. 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 your 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 the Sheriff at 717-240- 6390. 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 a 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 proceedings to evict you. 6. You may be entitled to a share of the money,which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within the (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphia.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 717-249-3166 LEGAL SERVICES INC. 8 IRVINE ROW CARLISLE PA 17013 717-243-9400 .. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client) has filed an Action of Mortgage Foreclosure against you,you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to qualified attorney call either of the following numbers: 717-249-3166 or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3).Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumer/homeowners/real.aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6).Call or contact Matt White,Collections Supervisor at 717-737-4152 or fax 717-441-2022 to request the amount to bring the account current or payoff the mortgage or request a Loan Workout/Home Retention Package.The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. l . ALL THAT CERTAIN TRACT OR PARCEL OF LAND,SITUATE IN LOWER ALLEN TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANIA,BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND PLAN THEREOF,MADE BY D.P.RAFFENSPERGER ASSOCIATES,ENGINEERS AND SURVEYORS,DATED NOVEMBER 21,1973;AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE NORTHERLY LINE OF COURTLAND ROAD(50 FEET WIDE)WHICH POINT IS 622.97 FEET IN A WESTERLY DIRECTION FROM THE NORTHWESTERLY CORNER OF THE INTERSECTION OF CUMBERLAND AND COURTLAND ROADS;THENCE ALONG THE NORTHERLY LINE OF COURTLAND ROAD IN AN ARC, HAVING A RADIUS OF 180 FEET IN A WESTERLY DIRECTION 54.0 FEET TO A POINT; THENCE NORTH 10 DEGREES 26 MINUTES EAST 29.08 FEET TO A POINT;THENCE NORTH 04 DEGREES 02 MINUTES EAST 126.90 FEET TO A POINT ON THE SOUTHERN LINE OF LOT NO.92 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;THENCE ALONG THE SOUTHERN LINE OF LOTS NOS.92 AND 93 SOUTH 78 DEGREES 23 MINUTES EAST 101.07 FEET TO A POINT ON THE WESTERN LINE OF LOT NO.75;THENCE ALONG THE WESTERN LINE OF LOT NO.75 SOUTH 22 DEGREES 25 MINUTES WEST 160 FEET TO A POINT ON THE NORTHERLY LINE OF COURTLAND ROAD,THE PLACE OF BEGINNING. BEING PART OF LOT NO.76,TRACT NO.3 ON THE PLAN OF CUMBERLAND PARK,RECORDED IN PLAN BOOK 6,PAGE 3. IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY LOWER ALLEN TOWNSHIP BEING PREMISES:22 Court land Road,Camp Hill PA 17011 SOLD as the property of OWEN D.HIGHAM TAX PARCEL# 13-23-0557-031 BEING the same premises which SUSAN A. NELSON, SINGLE WOMAN by deed dated 5/10/1990 and recorded 5/16/1990 in Cumberland County in Deed Book Volume 0-34 at Page 363 granted and conveyed unto OWEN D. HIGHAM AND LAURIE A. HIGHAM, HIS WIFE and the said LAURIE A. HIGHAM departed this life on 2/18/2012, vesting title solely in OWEN D. HIGHAM WRIT OF EXECUTION and/or ATTACHMENT I ' -.tCOIV1 IONWEALTH OF PENNSYLVANIA) NO 13-1733 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Susquehanna Valley Federal Credit Union 3850 Hartzdale Drive Camp Hill,PA 17011 Plaintiff(s) From Owen D.Higham (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$72,570.30 Plaintiff Paid$ Interest from 3/26/13 to date of Sale per diem of$15.45 Attorney's Comm. % Law Library$$.50 Attorney Paid$ 191.75 Due Prothonotary$2.25 Other Costs$ A OW Date: Sept. 4,2013 •rap David D.Buell, Prot onotary By: Deputy REQUESTING PARTY: Name : Steven Howell,Esq. Howell Law Firm TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Address: 619 Bridge St. and the seal of said Co at Carlisle,Pa` This y day of 20 New Cumberland,PA 17070 Prothonotary Attorney for: -C /� ' Gk, Telephone: Supreme Court ID No. 62063 ■ LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-1733 Civil Terra SOLD as the property of OWEN D. HIGHAM. SUSQUEHANNA VALLEY FEDERAL TAX PARCEL# 13-23-0557-031. CREDIT UNION BEING the same premises which vs. SUSAN A.NELSON,SINGLE WOMAN OWEN D.HIGHAM by deed dated 5/10/1990 and re- OWEN 5/16/1990 in Cumberland Atty.: Steven Howell County in Deed Book Volume 0-34 ALL THAT CERTAIN tract or at Page 363 granted and conveyed parcel of land, situate in Lower Al- unto OWEN D. OWEN AND LAURIE len Township, Cumberland County, A. HIGHAM,HIS WIFE and the said Pennsylvania, bounded and de- LAURIE A.HIGHAM departed this life scribed in accordance with a survey on 2/18/2012,vesting title solely in and plan thereof, made by D.P. OWEN D.HIGHAM. Raffensperger Associates,Engineers and Surveyors, dated November 21, 1973;as follows to wit: BEGINNING at a point on the northerly line of Courtland Road (50 feet wide)which point is 622.97 feet in a westerly direction from the northwesterly corner of the intersec- tion of Cumberland and Court land Roads; thence along the northerly line of Court land Road in a arc,hav- ing a radius of 180 feet in a westerly direction 54.0 feet to a point;thence North 10 degrees 26 minutes East 29.08 feet to a point;thence North 04 degrees 02 minutes East 126.90 feet to a point on the southern line of Lot No.92 on the hereinafter mentioned Plan of Lots;thence along the south- ern line of Lots Nos.92 and 93 South 78 degrees 23 minutes East 101.07 feet to a point on the western line of Lot No.75;thence along the western line of Lot No.75 South 22 degrees 25 minutes West 160 feet to a point on the northerly line of Courtland Road, the place of BEGINNING. BEING PART OF Lot No. 76, Tract No. 3 on the Plan of Cumber- land Park, recorded in Plan Book 6, Page 3. IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY LOWER ALLEN TOWNSHIP. BEING PREMISES:22 Courtland Road,Camp Hill PA 17011. 64 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. Lisa arie Coyne, Ed for SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. — • 2020 Technology ykwy g" Suite'300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 office and place of business at 2020 Technology Pkwy, Suite 300, in the 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 Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 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 of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. n � PUBLICATION COPY This ad ran on the date(s)shown below: 10/13/13 / 10/20/13 / 10/27/13 Swop to - d subscribed before m- this 11 day of November, 2013 A.D. PC / / ary"ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal - , Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 "_EM 3ER,PENNSYLVANIA ASSOCIATION OF NOTARIES 201s-1733 Clvi Tern, SUSOUEI'ii!'!NA VALLEY FEDERAL CREDII UNION vs. OWEN D.HIGHAM Atty: Steven Howell ALL THAT CERTAIN TRACT OR PARCEL OF LAND,SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY,PENNSYLVANIA,BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND PLAN THEREOF, MADE BY• D.P. RAFFENSPERGER ASSOCIATES, ENGINEERS AND SURVEYORS, DATED NOVEMBER 21, 1973;AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE NORTHERLY LINE OF COURTLAND ROAD(50 FEET WIDE)WHICH POINT i IS 622.97 FEET IN A WESTERLY DIRECTION FROM THE NORTHWESTERLY CORNER OF THE INTERSECTION OF CUMBERLAND AND COURTLAND ROADS; THENCE ALONG THE NORTHERLY LINE ' OF COURTLAND ROAD IN A ARC, HAVING A RADIUS OF 180 FEET IN A WESTERLY DIRECTION 54.0 FEET TO A POINT;THENCE NORTH 1Q DEGREES 26 MINUTES EAST 29.08 FEET TO A POINT;THENCE NORTH 04 DEGREES 02 MINUTES EAST 126.90 FEET TO A ' POINT ON THE SOUTHERN LINE OF LOT NO. 92 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;THENCE ALONG THE SOUTHERN LINE OF j LOTS NOS. 92 AND 93 SOUTH 78 ' DEGREES 23 MINUTES EAST 101.07 FEET TO A POINT ON THE WESTERN LINE OF LOT.NO.75;THENCE ALONG THE WESTERN LINE OF LOT NO.75 SOUTH 22 DEGREES 25 MINUTES WEST 160 FEET TO A POINT ON THE NORTHERLY LINE OF COURTLAND ROAD,THE PLACE OF BEGINNING. BEING PART OF LOT NO. 76,TRACT NO.3 ON THE PLAN OF CUMBERLAND PARK,RECORDED IN PLAN BOOK 6, PAGE3. • IMPROVEMENTS consist of a residential • dwelling. MUNICIPALITY LOWER ALLEN TOWNSHIP BEING PREMISES: 22 Courtland Road, Camp Hill PA 17011 SOLD as the property of OWEN D. HIGHAM TAX PARCEL#13-23-0557-031 BEING the same premises which SUSAN A.NELSON,SINGLE WOMAN by deed dated 5/10/1990 and recorded 5/16/1990 in • Cumberland County in Deed Book Volume 0134 at Page 363 granted and conveyed unto OWEN D.OWEN AND IUR16,A_ HIGHAM,HIS WIFE and the said LAURIE A.HIGHAM departed this life on 2/18/2012, vesting title 5°1.11,in OWEN D.HIGHAM.