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13-3041
Supreme Co . ; o nnsylvania ` For P rothonota ry Use O nly: Con >f�Co -mm -o leas ry .v: I j�T t Il Ve�l t I a . o � Docket No: � CU County The information collected on this form is used solely for court administration purposes. This form does not supp or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 1B Complaint 0 Writ of Summons 0 Petition [ Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Household Finance Consumer Discount Company Bryan A. Schmeltz and Jody L. Schmeltz T Dollar Amount Requested: [3 within arbitration limits I Are money damages requested? 0 Yes EA No (check one) Doutside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes 0 No A. Name of Plaintiff/Appel]ant's Attorney: Kevin R Diskin 0 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include mass tort) 0 Employment Dispute: E Slander/Libel/ Discrimination O 0 C 0 Other: Employment Dispute: Other 0 Zoning Board , 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste 0 Ejectment 0 Other: 0 Common Law /Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent ® Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto © Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 111/1011 r' STEVEN K. EISENBERG ESQUIRE (75736) r.{ t E D Q F F I C IE KEVIN P. DISKIN, ESQUIRE (86727) O C 3 1- E R O T C L O N O TA R �� LESLIE J. RASE, ESQUIRE (58365) 1 CHRISTINA C. VIOLA, ESQUIRE (308909) n< _ Ns�,� STERN & EISENBERG, PC zv J I " ` i i THE PAVILION C'1MMERLAND COUNT 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046' O Y �`�I TELEPHONE: (215) 572 -8111 F ACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company 2929 Walden Avenue / / / Depew, NY 14043 3 - 67 r Civil Action Number: v. Bryan A. Schmeltz and Jody L. Schmeltz 75 Johns Drive Enola, PA 17025 -2694 COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace personally or by attorney and filing in writing falta asentar una comparencia escrita o en with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or I continuar la demanda en contra suya sin 5 PA Complaint 1 -A(CML Owner) I IDec12Ver3.0 a 103. � k.� sa�sa alb �� aa1'Jo relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero sufwiente de pagar tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o flame por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RED UCED FEE OR NO FEE Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 PA Complaint 1 -A(CML Owner) I MecUVerM NOTICE PURSUANT TO FAIR DEBTOR COLLECTION PRACTICE ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. PA Complaint 1 -A(CNE Owner) 1113=12WB.0 k 4' STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company 2929 Walden Avenue Depew, NY 14043 Civil Action Number: V. Bryan A. Schmeltz and Jody L. Schmeltz 75 Johns Drive Enola, PA 17025 -2694 COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage brought on behalf of Plaintiff, Household Finance Consumer Discount Company. 2. The Defendant(s), Bryan A. Schmeltz and Jody L. Schmeltz ( "Mortgagor(s) ") are the real owners of the mortgaged property hereinafter described. The last known address of Mortgagor(s) is 75 Johns Drive, Enola, PA 17025 -2694. 3. Attached hereto as Exhibit "A" is a true and accurate copy of the promissory note and/or loan agreement ( "Note ") bearing the date of 10/19/2006 in which Mortgagor(s) promised to pay the sum of $157,374.82 ( "Loan "). 4. Attached hereto as Exhibit `B" is a copy of the mortgage ( "Mortgage "), dated 10/19/2006, and bearing the names of the Mortgagor(s), as the mortgagors, on real estate together with all improvements thereon, located at 75 Johns Drive, Enola, PA ( "Real Estate "). A true and accurate copy of the Mortgage is attached as Exhibit `B ". The Mortgage was duly recorded on 10/24/2006 at Book 1970 Page 1946 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. RESTRICTED - PA Complaint I -A(CML Owner) I IDec12Ver3.0 k 5. The Real Estate subject to the Mortgage is described in the legal description attached hereto as Exhibit "C ". 6. The Mortgage is in default because the payments due and secured by the Mortgage have not been made. The Loan is currently due for the December 2010 payment and all payments thereafter. 7. The business records maintained by Plaintiff demonstrate that a combined notice ( "Combined Notice "), was mailed by registered or certified mail to Mortgagor(s) at Mortgagor(s)' last known address and, if different, to the address of the Real Estate, on the date set forth in the Combined Notice. A true and accurate copy of the Combined Notice is attached as Exhibit "D ". 8. As of May 09, 2013 there is due and owing amounts secured by the Mortgage in the sum of $200,011.14, which amount due includes the following: Principal Balance ................ ............................... ....................$150,075.60 Interest through 05/09/2013 at the Current Rate of 10.05000% .......... ............................... $49,975.97 Advances for Taxes: .............................................................. $0.00 Advances for Hazard Insurance: ............................................ $343.07 Advances for Private Mortgage Insurance: ........................... $0.00 Total: ...................................................................................... $200,394.64 Less Suspense Balance or Escrow surplus, ifany: ..................................................................................... $383.50 Less Restricted Escrow Balance, if any: ............................... $0.00 Total Amount Due or Owed: .............................................. $200,011.14 RESTRICTED - PA Complaint I -A(CML Owner) 11 Dec I2Ver3.0 `e The per diem interest due from May 10, 2013 is $41.3222. These itemized amounts may not include all fees currently due and owing under the Note and secured by the Mortgage, including certain late fees, inspection charges, property preservation expenses, and attorney's fees, since Plaintiff has decided to forgo collecting any such fees omitted here, but that decision does not indicate that such fees were not properly due and owing at the time of any prior communications to the borrowers on the Note. WHEREFORE, Plaintiff, demands in rem judgment against the Defendants in the sum of $200,011.14 together with current interest at the rate of 10.05000% and other costs and charges RESTRICTED - PA Complaint I -A(CML Owner) I I Dec I2Ver3.0 collectible under the mortgage and for the foreclosure and sale of the mortgaged property. STERN & EISENBERG, PC BY: STEVEN K. EISENBERG, ESQUIRE I r KEVIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff VERIFICATION VP and Asst Sec I am a of the Administrative Services Division of Plaintiff and do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and the facts set forth in paragraphs 1 through 8 of the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties relating to unsworn falsification to authorities. B A- M Signature Mccron M oAn Printed Name of Signatory On behalf of Household Finance Consumer Discount Company vP and Asst. Sec, Admin Serv. Dlv Its: Signatory's Title RESTRIC'T`ED - PA Complaint I -A(CML Owner) I 1 Dec I2Ver3.0 (Page 1 of 6) LOAN AGREEMENT Including Truth -in- Lending Disclosure Lender: (Called "We ", "Us ", "Our") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUARE /SUITE 107 MECHANICSBURG, PA 17055 Borrowers: (Called "You ", "Your") BRYAN A. SCHMELTZ JODY L. SCHMELTZ 75 JOHNS DR ENOLA, PA 17025 Date of Loan: 1011912006 Loan Number: 713303 - In this agreement, "you ", "your" mean the Borrower(s) who signs this agreement. "We ", "us" and "our' refer to the Lender. This agreement covers the terms and conditions of your loan. It is important to us that you clearly understand the features of your loan. Please read this agreement carefully, and ask us any questions you may have. Truth -in- Lending Disclosure ANNUAL FINANCE CHARGE Amount Financed Total of Payments PERCENTAGE RATE The dollar amount The amount of The amount you will The cost of your credit the credit will cost credit provided to have paid after you have as a yearly rate. you. you or on your made all payments as behalf. scheduled. 10.658% $307,731.13 ( "e ") $149,999.87 $457,731.00 ( "e ") Your payment schedule will be: Number of Payments Amount of When Payments are Due ( "e ") Payments 1 $1,412.75 Day 19 of each month thereafter. 323 $1,412.75 Day 19 of each month thereafter. "e" means an estimate YOU ARE GIVING US A SECURITY INTEREST IN THE REAL PROPERTY AS DESCRIBED IN THE MORTGAGE AND LOCATED AT: 75 JOHNS DR ENOLA, PA 17025 10/19/2006 15:20 EXHIBIT 0315LE08 Illllla�llll�� ®I�IIIIIIIIIIIIIIII 1 111110011111111111111111 SW DADSFA - 00 - C ) IHMELTZ " ORIGINAL (Page 2 of 6) Late Charge If your monthly installment is not paid in full within 10 day(s) after it is due, you will be charged a late charge equal to 5% of the full amount of the monthly installment. Prepayment You may prepay your loan in full or in part at any time. If you pay off your loan early, you may have to pay a penalty and you will not be entitled to a refund of that part of the Finance Charge consisting of any prepaid finance charges. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. The Settlement Statement provides your disbursements and the itemization of the Amount Financed. ABOUT THE SECURITY: Your Obligation to Insure You shall keep the structures located on the real property securing your loan insured against damage caused by fire and other physical hazards, name us as a loss payee and deliver to us a loss payable endorsement. If insurance covering the real property is canceled or expires while your loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below. Real Property Taxes and Homeowners Insurance covering fire and other hazards on the real Homeowners Insurance property security is required, naming us as a loss payee for the term of your loan. You shall pay us on the day that monthly installments are due under this agreement, an additional sum (the "Funds ") to be used to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the real property; (b) leasehold payments or ground rents on the real property, if any; (c) premiums for any and all insurance required by us under this agreement and the Mortgage ( "Escrow Items "). You will pay us the Funds for Escrow items unless we waive your obligation to pay the Funds for any or all Escrow Items. We may waive your obligation to pay us Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, you will be solely responsible for paying the amounts due for any Escrow Items directly and, if we require, you shall furnish us with receipts evidencing such payment within such time period as we may reasonably require. Title Insurance Title insurance on the real property security is required, naming us as a loss payee. You must purchase title insurance or its local equivalent protecting our lien on the real property as a condition to obtaining your loan. You may purchase title insurance from any title insurance provider you choose that we reasonably believe provides sufficient financial protection to us. You request such title insurance 10/19/2006 15:20 Page 2 of 6 0315LE06 I �II�� IQ �I� �l llll Ill l�I lIIII VIII III �� III ��I III UPI ID III ql 1 HU 1 !111 0101 H1 111 II11 1011 111 S5819A95FA - 90 - CET - 7 - 000 - 0315LE - Z - 2 - 0 " SCHMELTZ A ORIGINAL (Page 3 of 6) I and authorize us to deduct the costs of the title insurance from your loan proceeds in order to pay the title insurance provider. Lender's Right to Place You authorize us, at our option, to obtain hazard insurance coverage Hazard Insurance on the real property in an amount not greater than the outstanding balance of principal and interest on your loan or, if known to be less, the replacement value of the real property, in the event that you fail to maintain the required hazard insurance outlined above or fail to provide adequate proof of its existence. You authorize us to charge you for the costs of this insurance. We may choose to add the insurance charges to the unpaid balance of your loan, which will accrue interest at the Contract Rate, or bill you for the annual premium on a periodic basis. The addition of the insurance charges due might increase the amount of your final monthly installment. The cost of lender - placed hazard insurance might be higher than the cost of standard insurance protecting the real property. The lender- placed insurance will not insure the contents of the real property or provide liability coverage. The insurance might not be the lowest cost coverage of its type available and you agree that we have no obligation to obtain the lowest cost coverage. We or an affiliated company might receive some benefit from the placement of this insurance and you will be charged for the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you provide adequate proof that you have subsequently purchased the required coverage, we will cancel the coverage we obtained and credit any unearned premiums to your loan. i ABOUT YOUR LOAN REPAYMENT: i SCHEDULED MATURITY DATE 10/19/2033 PREPAID FINANCE CHARGES $7,174.95 MONTHS OF CONTRACT 324 PRINCIPAL $157,374.82 CONTRACT RATE (per year) 10.050% AMOUNT FINANCED $149,999.87 Promise to Pay You agree to the terms of this agreement and promise to pay us the principal (Amount Financed plus prepaid finance charges consisting of Origination Fee /Points and Closing Fee) plus interest which is computed at a rate of 10.050% (the "Contract Rate "). You agree to pay us in monthly installments as stated In the Payments provision of this agreement. You also agree to pay us: (a) other charges as provided in this agreement; (b) credit insurance charges, if any; (c) collection costs permitted by applicable law, including reasonable attorneys' fees otherwise due under your Mortgage and (d) any other charges reflected in your settlement statement. Interest Interest will be charged on the unpaid principal until the full amount of principal has been paid. You will pay us interest at a yearly Contract 10/19/2006 15:20 Page 3 of 6 0315LE06 i IIIQI I III IIII IIIII III pal ICI Ida ��I ICI ill IIII IIII II I Iflll II IIII IIII ICI IIII If 11 IIII IIII IIII IIII III IIIII IIIII I till ' S5819A95FA • go- CET - 7 - 000 - 0315LE - Z - 3- 0 " SCHMELTZ ^ ORIGINAL (Page 4 of 6) Rate of 10.050 %. The interest rate required by this provision is the rate you will pay both before and after any default as described in this agreement. Payments Time and Place of Payments You will pay us principal and interest by paying your monthly installments. You will make your monthly installments to us on the same day of each month beginning on or about 11/19/2006. You will make these monthly installments every month until you have paid all of the principal and interest and any other charges described herein that you may owe under this agreement. Your monthly installments will be applied to interest before principal. If, on the Scheduled Maturity Date, 10119/2033, you still owe amounts under this agreement, you V411 pay those amounts in full on that date, which amount will include interest at the then current Contract Rate or any such other rate as required by law. You will make your monthly installments at the address shown on page one or at the address shown on your monthly billing statement or at a different place that we may give you. Amount of Monthly Installments Your monthly installments will be in the amount of $1,412.75, plus the amount of any optional insurance you elected. Prepayment Subject to the prepayment penalty described below, you may prepay your loan in full or in part at any time. If you pay off your loan early, you may have to pay a penalty and you will not be entitled to a refund of that part of the Finance Charge consisting of any prepaid finance charges, Prepayment Penalty Your loan contains a prepayment penalty. If you prepay the entire outstanding balance of your loan at any time within 24 months of the Date of Loan, 10/1912006, you agree to pay a prepayment penalty equal to 6 months interest calculated at the Contract Rate in effect at the time of prepayment on the unpaid principal balance. No prepayment penalty will be imposed: (a) if your loan is refinanced by another loan with us; (b) after 24 months; (c) if your loan is prepaid from the proceeds of any insurance; or (d) if we sue you. Late Charge If your monthly installment is not paid in full within 10 day(s) after it is due, you will be charged a late charge equal to 5% of the full amount of the monthly installment. Bad Check Charge You agree to pay $20.00 each time any check or payment is made on your loan by any means, including but not limited to, a check or ACH (our Authorization to Debit Account), which is returned unpaid by your bank or other financial institution for any reason. 10/19/2006 15:20 Page 4 of 6 0315LE06 1 1/1111111 IT a 111111 IN 11111111111111111111111111111110111 IN IIIII III oil 11011 HMI IMI 11 11 S5819A05FA - 90 - CET - 7 - 000 - 031 5LE - Z - 4 - 0 •• SCHNIELTZ 4 ORIGINAL (Page 5 of 6) Additional Charges You agree to pay any amounts actually incurred by us for services rendered in connection with the opening and servicing of your loan, as allowed by law. These amounts may include fees for appraisals, title examination, title insurance or its local equivalent, fees and taxes paid to public officials in connection with recording, releasing or satisfying the Mortgage and other taxes as shown in the Settlement Statement incorporated herein by this reference. You also agree to pay any other amounts incurred by us in connection with the servicing of your loan including any amounts that we may (but need not) pay or that are otherwise due under the Mortgage, incorporated herein by this reference. Default If you fail to make any monthly installment after it becomes due or fail to comply with the terms of the Mortgage, we may require that you pay us, at once and without prior notice or demand, the unpaid balance of your loan plus accrued interest and any applicable charges in this agreement as authorized. Security Interest You agree to give us a security interest in the real property as described in the Mortgage. ABOUT OUR RELATIONSHIP: Exchange of Information You understand and agree that we will call you from time to time to discuss your Financial needs and any ban products that may be of interest to you as may be permitted by applicable law. For more information regarding our privacy practices, please refer to our Privacy Statement, which is included with your loan documents. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. Credit Bureau Reporting If you fail to fulfill the terms of your loan, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency, Telephone Monitoring You agree that we may listen to and /or record telephone calls between you and our representatives for quality assurance purposes. Insurance Credit insurance is optional. Any applicable insurance disclosures are included with this agreement and are incorporated herein by this reference. Alternative Dispute The terms of the Arbitration Rider signed by you as part of your loan Resolution transaction are incorporated herein by this reference. Applicable Law If you do not pay the full amount of an installment when it is due, and we Intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30, 1974, which is known as Act No. 6, and the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act No. 91 of 1983). If this loan is a first mortgage, it is a federally related loan made at an agreed rate authorized by Section 501(a), Part A, Title V. Public Law 10/19/2006 15:20 Page 5 of 6 0315LE06 �� I� �Q I�� 111111111 III III11 Illq 1111111 8111 I ll 11011 1111111111111111/1111111111 III IIIII 1111111 111 $5819A95FA - 90 - CET - 7 - 000 - 0315LE - 2 - 5 - 0 — SCHMELTZ ^ ORIGINAL (Page 6 of 6) 96 -221, also known as Section 1735f -7(a), Title 12, United States Code. If any provision of this agreement is finally determined to be void ar unenforceable under any law, rule, or regulation, all other provisions of this agreement will remain valid and enforceable. Our failure to enforce any provision(s) to this agreement shall not be deemed to constitute a waiver of such term(s). i In order for any amendment to this agreement to be valid, it must be agreed to by you and us. You acknowledge that before signing this agreement, you have read and received this agreement which includes the Federal Truth -in- Lending disclosure and, as applicable, any i other riders and/or disclosures incorporated herein by reference. By signing below, you agree to observe the terms and conditions of this agreement. ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN AGREEMENT AND THE MORTGAGE i WHICH SECURES THE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED AS SECURITY FOR YOUR LOAN. Borrower: A 4 Ck Date: lalal 200 BRYAN A. SCHMELTZ Borrower: Date: JObY L. SCHMELTZ — 4 v4 ,, Y .4, /—Z� IC> . jjq I /pWL,— � :;— - 0 Witness: I I 10/19/2006 15 Page 6 of 6 0315LE06 IIIIIIIII IIfl�ll�I� ) (Ill�tlll IIII)IuIIIU Ili/ IIII IIII II�I�uII�III�f III��III����I� �� ' S5819A95FA - 00- CET- 7- 000- 0315LE - Z- 6 - 0 " SCHMELTZ A ORIGINAL (Page 1 of 10) t _ 3EF.1 P. ZIE V LER ! F,[CO DER OF DEED" This instrument was prepared by: - ,�, j � �Ei'.fA!llQ ITY o r 1. 2006 OCT 24 RP* �&_t_hffwux P& =43 A ress ��0.• Return To: Records Processing Services 577 Lamont Road Elmhurst,IL 60126 '~ (800) 547 UPl # 713303 I MORTGAGE I IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN -END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 19TH of OCTOBER 20 , between the Mortgagor, BRYAN A. SCHMELTZ AND JODY L. SCHMELTZ, HUSBAND AND WIFE herein " rrower and M ortgagee HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY a corporation organized and existing under the laws of PENNSYLVANIA , whose address is 25 GATEWAY DRIVE, GATEWAY SQUARE /SUITE 107, MECHANICSBURG, PA 17055 (h erein "Lender'). The following paragraph preceded by a checked box is applicable. a WHEREAS, Borrower is indebted to Lender in the principal sum of $ evidenced by Borrower's Loan Repayment and Security Agreement or Secondary ortgage an Agreement dated rr.TnRER 19 • 2006 _ and any extensions or renewals thereof (herein ! "Note "), providing for monthly installments o principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on or TOftFR 19, 203 WHEREAS, Borrower is indebted to lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note "), providing for monthly Installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the i principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County or CUMBERLAND Commonwealth of Pennsylvania; SEE EXHIBIT A —LEGAL DESCRIPTION IIIIiiiIIIIIIvioluIICIIII _ U1111111111111111111 Hill SIR III oil 0111GU1 •55814A95FA90M1G7000PA0 "'' EXHIBIT RIGI PA001301 17 -11 -05 MTG BK1970PG1946 (Page 2 of 10) , � r -2- 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, Interest, Escrow [terns, Prepayment Charges, and late Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this'Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. ' Payments are deemed received by Lender when received at the location designated in the mote or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as may be required by the Note and/or applicable law, all payments accepted and-applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment 11 -11 -05 MTG PA001302 III IIII �I III IIIII II I II II 1111 IIIII IIIII II I VIII ill IIIII ICI III ICI Hill III I III IIIII �I ICI ICI ��I ICI III III Ill�ll I Ila ■ S5819A95FA90MTG7000PA0013020xxSC MELT2 x ORIGINAL RK 1 970PG 1 947 (Page 3 of 10) r -S- and the late charge. jr more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. I 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for; (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by. Lender. Section 5; and ,�d) Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3_ Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 35000, as they might be amended from time to time,'or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) 11 -11 -05 MTG PA001303 111111 Ill111111111 �� 11111 11111191111111111111111 Ill 1111111111[11 IN 11111110 IIII IN 1111111111111111911111 MSS819A95FA90MT67000PA0013030 xmSCFMELTZ " ORIGINAL A BK1970PG194S (Page 4 of 10) O � -4- or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall 'notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Prior Mortgages and Deed 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. S. 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. The insurance carrier providing the insurance shall be chosen by the 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 11 - 11 - 05 MTG rA001304 I��� 01 � I�� Iln ��II (�1 �I I�� III �a [a01 II III @II III III IIII ICI III III�II Iill II IIII IIIII Ill �I illl Il�l� I nll * S5819A95FA90A (T07000PA0013040mlISC MELi2 " ORIGINAL 8K1970PG1949 , (Page 5 of 10) t u governing the condominium or planned unit development, the by 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. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from 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 take 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 speEifying 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 appl icable law, shat l not be a wai ver 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 this Mortgage, but does not execute the Note, (a) is co 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 interestinthe 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 applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the j MTG o llll�n� allla0�li�lDIII�IIIII�IIIQIaIIIIIIIIIIII�I�IIIIQII�I�IIQII�IIIIUIIIII��BII�II�IIU�n19�I�lI�IIIIUU� '305 11 -11-05 MTG IIw' * S$ 819A95FA9CMTG70DOPA0013050M "SCMELTZ x ORIGINAL OK197OPG1950 (Page 6 of 10) -6- of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 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. If Borrower sells or transfers all or any part of the Property or as interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of ` rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender i releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, 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 in paragraph 12 hereof specifying: (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 11 -11 -05 MTG PA0013DS 11101110111 ����IIii����I�IallIIIIIIIIIIIIIII�IIIilll�In�111111IIIIIIIIIIIIIIIIIIIIIIlillIIIIIIIIIII " S5819A95FA90MTG7000PA0013060KKSCHWELTZ K ORIGINAL i BK 1 970P 1951.. (Page 7 of 30) -7- 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 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 entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage. Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. 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, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court 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 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 bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. 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 release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state, or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. I I i 11 -11 -05 MTG I��IIIIIIIIIIIIIIIIIIII�llllll��gll�ll�lgllafllll�l�ll�li> il�llli�llllll�la[ IIIBIfll lllllllll�lllllllllfllilll {Illll PA001307 I " S5819A95FA90MTG7000PA0013070ONSCMAELTZ ORIGINAL 8K1970PG1952 _ l (Page 8 of 10) f -g- 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. Bryaln A Schmelt - Borrower Jody L chmeltz O Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: 25 Gatewa - Drive Gateway S uare Suite 107 Mechanicsburg, PA 17055 On behalf of the Lender. By: Ryan D Russell Title: Branch Manager COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: I, Denise M Chubb a Notary Public in and for said county and state, do hereby certify that Bryan A Schmeltz & Jody L Schmeltz. Husband & Wif e personally known to me or proven satisfactorily to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknow edge that they signed and delivered the said instrument as their free voluntary -._ act, for the uses and purposes therein set forth. Given under my hand and official seal, this 19th day of October , 20 COMMONWEALTH OF PENNs YLYANTA Notarial Seal My Commission expires: Denise M. Chubb, Notary PubGc Rye Twp.. Perry County Notary Public My Commisgion Explres Oct. 31, 2009 Member, Penrz*arna iaaoeWinn of Nofarlee COMMONWEALTH OF PENNSYLVANIA, County ss: 1, a Notary Public in and for said county and state, do hereby certify that personally known to me or proven satisfactorily to be the same persons whose name (s) subscribed to the foregoing instrument, appeared before me this day in person, and acknow edi ge that he signed and delivered the said instrument as free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 20 My Commission expires Notary Public 11-11 -05 MTG PA001308 I HE 111111111111111111011111111111111111111111111111111111111 IN 1111111111111 IN 11 111111 11111111111111111111 xS5819A95FAgOMTG7000PA0013080 *"SCFMELTZ M ORIGINAL BK1970PG1953 , (Page 9 of 10) e -9- (Space Below This Line Reserved For Lender and Recorder) I j 11 -11 -05 MTG PA001309 11111I1111� ��� 111111111 �1111111111 1�11111111111111111111111111 u11 1111 iii« 111�111111� O WN 111 1111111111 11111 µ S5819A95FA90MTG7000PA0013090 • " ORIGINAL BK1970PG1954 (Page 10 of 10) EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF E. PENNSBORO IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 12/29/2004 AND RECORDED 01/07/2005, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 267 AND PAGE 307. TAX MAP OR PARCEL ID NO.: 09- 15- 1288 -354 I I -( Certi fy this to be recorded In Cumberland County PA T:ecor�.cr of Deeds I �l�� � IIII VIII II! I IlIII I III II II illll III IIII IIII 1111111 ICI III III! IIII III IIII 111111 III III I!� IIII IUI 111101 IIIII� Q III< KS5819A95FA90MTG7000PA0013000 ""SCRAELTZ " ORIGINAL OK1970PG1955 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, bound as described as follows, to wit: BEGINNING at a point on the eastern right -of -way line of Johns Drive, at the westernmost corner of Lot No. 211 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 211, South 63 degrees 08 minutes 04 seconds East, a distance of 1.64.83 feet to a point on the western line of Lot No. 1.40, Preliminary/Final Subdivision Plan of Laurel Hills North Lot 5 & Lot 7; thence along the said western line of said Lot No. 140 and continuing along the western line of Lot No. 141 on said Preliminary/Final Subdivision. Plan, a distance of 84.89 feet to a point on the northern line of Lot No. 28, Penn Hills; thence along the northern line of said Lot No. 28 and continuing along the northern line of Lot No. 27, Penn Hills, South 81 degrees 35 minutes 00 seconds West, a distance of 29.77 feet to a point at the easternmost corner of Lot No. 213 on the hereinafter described Final Subdivision Plan; thence along the eastern line of said Lot No. 213, North 41 degrees 37 minutes 47 seconds West, a distance of 204.23 feet to a point on the eastern right -of -way line of Johns Drive; thence along the eastern right -of -way line of Johns Drive by a curve to the left having a radius of 1.50.00 feet, an arc length of 11.64 feet to a point at the westernmost corner of Lot No. 211 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 9,513.00 square feet, more or less. BEING Lot No. 224, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling known as 75 Johns Drive. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP &L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set -back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT to a ten (10) foot pedestrian access easement across the northern portion of the premises and a thirty (30) foot drainage easement across the eastern portion of the premises as shown on the above referenced Final Subdivision Plan. BEING the same premises which Bryan A. Schmeltz and Jody L. Schmeltz, husband and wife, by Deed dated June 24, 2010 and recorded June 25, 2010 in the Office of the Recorder of Deeds in and for Lehigh County as Instrument Number 201016821, granted and conveyed unto Jody L. Schmeltz, adult individual, in fee. EXHIBIT STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: September 13, 2012 COMBINED NOTICE UNDER ACT 6 and ACT 91 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 MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (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 IMPORTA:NCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): Bryan A. Schmeltz and Jody L. Schmeltz PROPERTY ADDRESS: 75 Johns Drive, Enola, PA 17025. MAILING ADDRESS: Bryan A. Schmeltz and Jody L. Schmeltz 75 Johns Drive, Enola, PA 17025 -2694 LOAN ACCT. NO.: ORIGINAL LENDER: Household Finance Consumer Discount Company CURRENT LENDER/SERVICER: Household Finance Consumer Discount Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND x 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 (plus three (3) days for mailing) from the date of this Notice. 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 THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. ,To., do so, yo4 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. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS. SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- 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 far 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: 75 Johns Drive, Enola, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from December 24, 2010 through and including September 13, 2012 as follows: Payments of $1,412.75 due on 12/24/2010 through and including 08/24/2012, in the amount of ................. ............................... .....................$29,667.75 Other charges (explain/itemize): Late charges: .......................................................................... $1,483.23 Other charges ( explain) ..... ............................... ......................$1,858.00 uncollected fees and charges TOTAL AMOUNT PAST DUE: .................................................... $33,008.98 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT --You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $33,008.98, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Household Finance Consumer Discount Co. Atten: Payment Processing 636 Grand Regency Blvd Brandon, Florida 33510 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 ro e IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by_naying_the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Household Finance Consumer Discount Co. Address: 2929 Walden Avenue Depew, NY 14043 Phone Number: (866) 824 -0824 Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN " SENBERG, PC B Stern & Eisenberg, PC VIA. CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. t i u Cam reherisive Ha :Ming r? scxnx , taunt :fai a rc r: fl!11nse,F�1� i CICI ; Cum rl M�flmii�11111 •.: �::•: ; AgeiiCEa's ; de;GanSeja: a1 t~lie'rr4e:•para Yviesi'da �I�I�O! � ■ I � I I�I�I�YI ®fll III I�I�O wt ' .C iif YYesfem' PA, <.Yo►lc 55'.Chvet F1il! f2o2t3 Dalia�tu�rr 11�,i.3: $88;9 1,4?,27�/.s88,51'7,222�= widwccis0a;ore; 'CentmuriityAction Commis3ion<- Capital Regibn� 1514.DeHy'6v Harrisbt+r�: PA '17'184' 7.i.1:232.97b ?:: icnyi9.CaeFfio3ul1tY.6N Na_q'isbsitg faitHousiricj'Gvuuicil. 2.4.00 N ,fith;St Nair3stidrcj': Pl+'111i0:' ?1? 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No.; r- or PO Box No. '2 5 Sv__ or PO Box No. S City, State, ZIP +4 City, State, ZIP +4 t Vic (a PA 1. 7o25" Frto (� PA �U2S SENDE CO MPLETE COMPLETE THIS SECTION ON DELIVERY ?C mplete items 1, 2, and 3. Also complete A. Signature/ item 4 if Restricted Delivery is desired. X ❑ Agent ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. Rec ed P nted Name) Da of Delivery ■ Atta this card to the back of the mallpiece, or o"R�i•'e front if space permits. D. 1 livery dress different from item 1? ❑ Yes i. Artic ddressed to: If YES, enter delivery address below: ❑ No S .To tins 1) ve Serve Type F n o, q t P A 1 1 0 Z- ✓ 3 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 1 6 4 0 0001 7 3 0 7 1718 (�msfer from service iabeq Ps Form 3811 February 2004 Domestic Return Receipt 102595 -02-M-1540 I, Name and STERN & EISENBERG,PC Address 261 Old York Road -The Pavilion -Ste 410 of Sender Jenkintown, PA 19046 Line Article Name of Addressee, Street, and Post Office Address Postage Fee Number 1 * * ** Pennsylvania Housing Finance Agency PO Box 8029 Harrisbur , PA 17105 -8029 2 * * ** Bryan A. Schmeltz s s 75 Johns Drive �- Enola PA 17025 3 * * ** Jody L. Schmeltz r 75 Johns Drive Enola, PA 17025 0 o N c 4 * * ** C) 0 a. - 5 A 1' $ rn rn �. D G7 6 * * ** � v -a w � N IV o 8 m N M 9 * * ** 10 * * ** 11 * * ** 12 * * ** t 46P 13 * * ** 14 15 SCHMELTZ, BRYAN Total Number of Total Number of Pieces Postmaster, Per (Name of Receiving Pieces Listed by Sender Received at Post Office Employee) $1.26 vid Y . L • LV I I ; JUriw IV O. 00L I r. I FORM 1 Household Finance Consumer Discount IN THE COURT Of COMMON PLEAS OF Company CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs) G c�a r�Tt f ; Brian A. Schmeltz R Jody L. Schmeltz CP CD Defendants) Civil C)4i Cj c 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 eonfarence. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal 5ervices 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. W YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE_ Respectfully submitted: 5/28/13 Oate 7ignature of Counsel for Plaintiff iylay. La. to I ) I : ) Uriw NO. UOL I r. L FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date `' umber - land- C- ounty- C -ourt of- Common- Pleas- Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consideryour circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO 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? • BORRO Mailing Address: City: State: Yip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION 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: Isthe loan in Bankruptcy? Yes [] No ❑ if yes, provide names, location of court, case number & attorney: via Y, LO• LU 13 1 , )Urivi IV U. UUL I r, Asset Amount Owed: Value: Home; $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ 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 payingl EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/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: ivid.y, [o. zu i) 1 : 7urivi iuo. OOL I r. 4 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No f yes, please i e t e to — tus ofd ae pplicafion. 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 /Wei 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 Z bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed ividY, L0• L I) I ; 7Vrivl Iuo. U0z I r. FORM 3 Household Finance Consumer IN THE COURT OF COMMON PLEAS OF Discount Company CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) Vs, Bryan A. Schmeltz & Jody L. Schmeltz Defendant(s) Civil REQUEST FOR CONCILIATION 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. 44904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date May. L0. z I) I , 7Urivi NO. OOL I r. 0 FORM 4 Household Finance Consumer Discount COmpany : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Bryan A. Schmeltz & Jody L. Schmeltz Defendant(s) 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 66 made may be extended_ Upon notice to the via Y. LU. LUI) I:JUnvi - Iuo. oot I r. Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference sc e u e an t o temporary stay o proceedings steal a 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; May. Lo. LUI] I,71 riVI - - NO. OOL I r. 0 entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. S. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. — BY THE COURT, J. .............. ......... ........ . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Y1 Sheriff (J"F .�HE PROTH010 TPL it r'. Jody S Smith �"atar�Lxs,P��,�� Chief Deputy ' 2013.�UN14 PM 0` Richard W Stewart rl-UMBER ANU COUNTY Solicitor OF`;GE OF TfvE S!-,Er,1r= PENNSYLVANIA Household Finance Consumer Discount Company Case Number vs. Jody L Schmeltz(et al.) 2013-3041 SHERIFF'S RETURN OF SERVICE 05/31/2013 11:42 AM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bryan A Schmeltz, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 75 Johns Drive, East Pennsboro, Enola, PA 17025. Residence is vacant. Deputies were advised by defendant's ex-wife that the defendant now resides at 1006 Kathryn Avenue, Dauphin, PA. 05131/2013 11:42 AM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jody L Schmeltz, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 75 Johns Drive, East Pennsboro, Enola, PA 17025. The residence is vacant. 06/05/2013 12:03 PM- Deputy Noah Cline, 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: Jody L Schmeltz at 138 Wyoming Ave., East Pennsboro, Enola, PA 17025. NOAH CLINE, DEPUTY SHERIFF COST: $111.80 SO ANSWERS, June 06, 2013 RON R ANDERSON, SHERIFF (c)CountySulte Sheriff,Toleosoft,Inc. L U11 1 pj�aljif� � pt Cp���RL�,�4D.CpUlV tdSYLVANIA TY STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company Civil No. 2013-3041 V PRAECIPE TO REINSTATE Bryan A. Schmeltz and Jody L. Schmeltz COMPLAINT Defendants PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. ST tDE B G BY: CH A Attorney for Plaintiff 6/19/13 at,,A &'I 76 � 7-7T 7-7T 0/a 1 �� IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW CHRISTINA C. VIOLA, ESQ. , STERN &EISENBERG, PC rn co c The Shops at Valley Square 1581 Main Street, Suite 200 Warrington, PA 18976 .r- - '^ (215) 572-8111 >co) -o W.a I.D. #308909 - r: : Household Financel Consumer Discount Company Civil Action Number: 13-3041 v. MORTGAGE FORECLOSURE Bryan A. Schmeltz and Jody L. Schmeltz Defendant(s) PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as discontinued and ended, without prejudice, upon payment of your costs only. ST:'N nIISENBEtG BY: CH lwINA VIOLA Attorney for Plaintiff Dated: 7/1/2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson iNE �,��� ` Sheriff HO � 1Y, :,rtrari� �� l,�-;11,,e Jody S Smith 200 JUL 18 AH 9• Chief Deputy `� t Richard W Stewart � �Y�Q� ; ff K Solicitor 09p=4E 0_n=_sp SIP Household Finance Consumer Discount Company Case Number vs. Jody L Schmeltz (et al.) 2013-3041 SHERIFF'S RETURN OF SERVICE 06/21/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bryan A Schmeltz, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 07/09/2013 09:21 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Darlene Schmeltz, mother of defendant, who accepted for Bryan A Schmeltz, at 1006 Kathryn Avenue, Dauphin, PA 17018. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, July 15, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Shenff,Teleosoft,Inc. - Shelley Ruhl Jack Duignan Real Esta a Deputy ? Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VS County of Dauphin BRYAN A. SCHMELTZ Sheriff s Return No. 2013-T-1908 OTHER COUNTY NO. 2013-3041 And now: JULY 9, 2013 at 9:21:00 AM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon BRYAN A. SCHMELTZ by personally handing to DARLENE SCHMELTZ * 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 1006 KATHRYN AVENUE DAUPHIN PA 17018 * MOTHER OF DEFENDANT AND PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to So Answers, before me this 10TH day of July, 2013 Sherif f Dauphin C unty a. By COMMONWEALTH OF PENNSYLVANIA Depu Sheriff NOTARIAL SEAL Deputy: JESSICA KARL Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $49.25 6/25/2013 My Commission Expires August 17,2014