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HomeMy WebLinkAbout13-3224 Supreme Co '' nnsylvania Cour" gC 1< M4D leas For Prothonotary Use Only: I!1 r t p v�t'She_ t j's Docket No: t!A C�a . nand County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required bylaw or rules of court. Commencement of Action: IM Complaint 13 Writ of Summons ® Petition 1 S Transfer from Another Jurisdiction ® Declaration of Taking 'E C Lead Plaintiff's Name: Lead Defendant's Name: Household Finance Consumer Discount Company Sylvia A. Richcreek T Dollar Amount Requested: within arbitration limits I Are money damages requested? [3 Yes 0 No (check one) ®outside arbitration limits O N Is this a Class Action Suit? 13 Yes 0 No Is this an MDJAppeal? Yes , No i A Name of Plaintiff/Appellant's Attorney: Kevin P. Diskin, Esq. ® 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 El Buyer Plaintiff Administrative Agencies Malicious Prosecution 13 Debt Collection: Credit Card rA Board of Assessment Motor Vehicle 0 Debt Collection: Other 13 Board of Elections Nuisance M Dept. of Transportation Premises Liability ® Statutory Appeal: Other S 0 Product Liability (does not include mass tort) [3 Employment Dispute: E Discrimination ® Slander/Libel/ Defamation C [3 Other: ®Employment Dispute: Other ®Zoning Board T ® Other: I ® Other: O MASS TORT 13 Asbestos N ® Tobacco Toxic Tort - DES Toxic Tort - Implant i REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Ejectment [3 Common Law /Statutory Arbitration B E] Other: [3 Eminent Domain/Condemnation ® Declaratory Judgment _ ® Ground Rent [3 Mandamus „ ® Landlord/Tenant Dispute [] Non - Domestic Relations n Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLTTY [3 Mortgage Foreclosure: Commercial ® Quo Warranto Dental [3 Partition Replevin 0 Legal ® Quiet Title [3 Other: ® Medical ® Other: ® Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) t i� ` LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) 2013 JUN - 5 PH 1 : 13 STERN & EISENBERG, PC THE PAVILION CUMBERLAND COUNTY 261 OLD YORK ROAD, SUITE 410 PEN JENKINTOWN, PENNSYLVANIA 19046 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 Civil Action Number: v. Sylvia A. Richcreek 221 Roxbury Road Newville, PA 17241 -8737 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 You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. auk a l b3 , -7S a C,V- *s1oLta PA Complaint I -A(CML Owner) I IDecI2Ver3.0 IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE 'TO PROVIDE YOU 'WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO. ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800- 990 -9108 717- 249 -3166 i eG 11Dec12Ver3.0 PA Complaint 1 -A(CML Owner) 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 Lfeva 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 suficiente 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 legab LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral 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) 11Dec12Ver3.0 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(CML Owner) 11Dec1 W6.0 r' 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: Plaintiff, V. Sylvia A. Richcreek COMPLAINT IN 221 Roxbury Road MORTGAGE FORECLOSURE Newville, PA 17241 -8737 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), Sylvia A. Richcreek and Randall W. Richcreek (deceased) ( "Mortgagor(s) ") are the real owners of the mortgaged property hereinafter described. The last known address of Mortgagor(s) is 221 Roxbury Road, Newville, PA 17241 -8737. 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 09/25/2007 in which Mortgagor(s) promised to pay the sum of $204,194.02 ( "Loan"). 4. Attached hereto as Exhibit "B" is a copy of the mortgage ( "Mortgage "), dated 09/25/2007, and bearing the names of the Mortgagor(s), as the mortgagors, on real estate together with all improvements thereon, located at 221 Roxbury Road, Newville, PA ( "Real Estate ").A true and accurate copy of the Mortgage is attached as Exhibit `B ". The Mortgage was RESTRICTED - PA Complaint 1 -A(CML Owner) I I Dec I2Ver3.0 t . i duly recorded on 09/28/2007 at Instrument # 200737596 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 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 May 2011 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 10, 2013, there is due and owing amounts secured by the Mortgage in the sum of $229,382.80, which amount due includes the following: Principal Balance ................ ............................... ....................$193,317.67 Interest through 05/10/2013 at the Current Rate of 5.25000% ............ ............................... $25,369.09 Advances for Taxes: .............................................................. $8,639.04 Advances for Hazard Insurance: ............................................ $2,072.00 Advances for Private Mort gage Insurance: ........................... $0.00 Total: ...................................................................................... $229,397.80 Less Suspense Balance or Escrow surplus, ifany: ..................................................................................... $15.00 Less Restricted Escrow Balance, if any: ............................... $0.00 Total Amount Due or Owed: .......................... ....................$229,382.80 The per diem interest due from May 11, 2013 is $27.8060. 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 RESTRICTED - PA Complaint I -A(CML Owner) I I Dec I 2Ver3.0 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 $229,382.80 together with current interest at the rate of 5.25000% and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. STERN & EISENBERG, PC BY>V !S!TEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff VERIFICATION I am a VP and Asst Sec 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 unworn falsification to authorities. By: ignat)We / Printed Name of Signatory On behalf of Household Finance Consumer Discount Company VP and Asst. Sec, Its: Admin Serv. Div Signatory's Title RESTRICTED - PA Complaint I -A(CML Owner) I I Dec l2Ver3.0 (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 i Borrowers: (Called "You ", "Your") SYLVIA A. RICHCREEK RANDALL W. RICHCREEK ' 221 ROXBURY ROAD I NEWVILLE, PA 17241 ' Date of Loan: 09/25/2007 Loan Number In this agreement, "you ", "your" mean the Borrower(s) who signs this agreement. "We ", "us" and "out" 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, i i Truth- in- Lending Disclosure i I ANNUAL FINANCE CHARGE Amount Financed Total of Payments i PERCENTAGE RATE j The dollar amount The amount of The amount you will i 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 i behalf. scheduled. 11.387%1 $411,795.80 $193,799.32 $605,595.12 Your payment schedule will be: Number of Payments Amount of When Payments are Due ( "e ") Payments 1 $1,941.01 10/25/2007 I 311 $1,941.01 Day 25 of each month thereafter. I I i 09/25/2007 19:22 Page 1 of 6 0315LE14 IIIO�laalllllflllllllllll�il� EXHIBIT ��1911�11111D111llllflllllll • RFM2CDBT - 98 - CET CREEK ^ ORIGINAL ` i (Page 2 of 6) Assumption: Someone buying your home cannot assume the remainder of the mortgage on the original terms. YOU ARE GIVING US A SECURITY INTEREST IN THE REAL PROPERTY AS DESCRIBED IN THE MORTGAGE AND LOCATED AT: 221 ROXBURY ROAD NEWVILLE, PA 17241 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. I 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 toss 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 09/25/2007 19:22 Page 2 of 6 031SLE14 Il la��llll! III III Hui 111goII III NIIIIIlIn11 NNICI111INICI11111111111111111elf1l1 ' RFM2CDBT - 98 - CET - 9 - 000 - 0315LE - 2 - 2 - 0 " RICHCREEK ^ ORIGINAL (Page 3 of 6) 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 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. ABOUT YOUR LOAN REPAYMENT: SCHEDULED MATURITY DATE 09/25/2033 PREPAID FINANCE CHARGES $10,394.70 MONTHS OF CONTRACT 312 PRINCIPAL $204,194.02 CONTRACT RATE (per year) 10.690% AMOUNT FINANCED $193,799.32 i 09/25/2007 19.22 Page 3 of 6 0315LE 14 I lll� 1111 111 loll alb llD l ®1111 III II�II II lI II II III !III IIIII II III III !III !III !III III I� 0� Qv 1191111u III II Q ill ` ' RF9602CDST - 98 - CET - 9 - 000 - 031 5LE - Z - 3 - 0 — RICH CREEK A ORIGINAL (Page 4 of 6) 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, Closing Fee and Tax Service Fee) plus interest which is computed at a rate of 10.690% (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 attomeys' 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 Rate of 10.690 %. 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 10/2512007. 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, 09/2512033, you still owe amounts under this agreement, you will 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 biliing.statement or at a different place that we may give you. Amount of Monthly Installments Your monthly installments will be in the amount of $1,941.01, plus the amount of any optional insurance or funds for escrow 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, 09/25 /2007, 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 09/25/2007 19:22 Page 4 of 6 0316LE14 II��DIDI�IIIIIII�I16a�IIIIIIVI�IIIIIIIIIIII01111IIIII IIIIIIIIIIIIIII�IIIIIIII���IlIIIlIIIIIpIIIII�IDIpII ' RFD5e2CD8T - 08 - CET - 9 - 000 - 0315LE - Z - 4 - 0 " RICHCREEK A ORIGINAL (Page 5 of 6) I 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. 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 loan 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. 09/2512007 19:22 Page 5 of 6 0315LE14 I III��I Ia �l 1111! III I� IQ� Ill ll� lulu ll l�� lQlll l�l lllu ll l�l 1111 ll� qll 1111 11111 1111 1111 lid �l q�i �i l 1111 ` ' RFQ562CD8T - 98 - CET - 0 - 000 - 0315LE - Z - 5 - 0 •' RICHCREEK A ORIGINAL (Page 6 of 6) 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 ban is a first mortgage, it is a federally related ban made at an agreed rate authorized by Section 501(a), Part A, Title V, Public Law 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 or 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). 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 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 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. This is a contract under seal and may be enforced under 42 PA.C.S. § 5529(B). Borrower. Date: SYLVIA A. RICHCREEK q Borrower (,✓• Date: AN ALL W. RICHCREEK 4aK, Witnes 09/25/2007 19:22 Page 8 of 6 0315LE14 Ilal[ IIIIIIIIIIIIII�IIIII��iDI�0��811111�IliI�I101111�II01111111111111111�1111��1�igllll�lllllllllll��ll�� RF0562CDST - 98 - CET - 9 - 000 - o3isLE - Z - 8 - 0 •• RICHCREEK A ORIGINAL (Page 1 of 11) "OC 1 6 qty 7: This instrument was prepared by: 04 Gat I Addresses Return To: Records Processing Services 577 Lamont Road Elmhurst,IL 60126 (800) 547 -8776 c l J UPI# /S"�� 7( 713303 MORTGAGE IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN -END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 25TH of SEPTEMBER 20 , between the Mortgagor, RANDALL W. RICHCREEK AND SYLVIA A. RICHCREEK, HUSBAND AND WIFE herein "Borrower" and Mortgagee HOUSEHOLD F I NANCE CONSUMER DISC NT COMPANY I a corporation organized and existing under the laws o PENNSYLVANIA , whose address is 25 GATEWAY DRIVE, GATEWAY SQUARE /SUITE 107, MECHANICSBURG, PA 17055 herein ' ender . a The following paragraph preceded by a checked box is applicable. X WHEREAS, Borrower is indebted to Lender in the rinci I sum of $ P Pa 204 794.02 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated and any extensions or renewals thereof (herein "Note "), providing for monthly installments of 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 SEPTE'MBFR 25 _ 20' 9 a 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 therein "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 principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (I) 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 of CUMBERLAND Commonwealth of Pennsylvania: SEE EXHIBIT A —LEGAL DESCRIPTION I111111l9l1111no�l1111�( �fH lull III 11111��lllfgl> IUIIIInIII IIfIIIIIf�I�IuIIflIINIf1111 UU10111111fX11 "RF9562CDBT98MTG9000PA0010010 "•RICHCREEK K ORIGINAL 11 -i1 -05 MTG PA001301 E IBIT (Page 2 of 11) -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 Items, 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 Note 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 I��IIIII�IIII IIIIICI�I nIII�IIIIfIIdaIIII011111111�I�InIliIIII11111111 Hill 11111111111111111111111 KRF9562C08T98MTG9000PA0013020 ■RICHCREEK ■ ORIGINAL (Page 3 of 11) -3- and the late charge. If 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. Volunatary 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. 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 under 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 --boom 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.F.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 11 111 IN 11 IIII 1111111 1111 IoII 11 in IQ11I 111 II IN IN IN ICI 1011111 III 111 IN 111111111111111111111111111111 ■ RF9562C08T98MT69000PA0013030 xxRICHCREEK ORIGINAL (Page 4 of 11) -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. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. 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 PA001304 1 IIIIIIIIII��I��111111I111lIIIlllllllllllll1111111111ININ111111111111111111111111111911111111111111111 R RF9562C0879WTG9000PAD013040x %RICKCREEK ORIGINAL i (Page 5 of 11) - governing the condominium or planned unit development, the by and regulations of the condominium or pl anned 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 bender 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 specifying reasonablecause therefor related to Lender's interestin the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with anycondemnation or other taking of the Property, or part thereof, or forconveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successorsand Assigns Bound; Joint and Several Liability; Co- signers. Thecovenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co - signs this Mortgage, but does not execute the Note, (a) is co 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 `7 without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. Theapplicable 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 juri I Vo ITG 1111111111i11111111 1111111ififill111111IN1111111111i�iiiii��ii��ii�i�i�i�i�iii�iiiiiiiiu�iiiu�iiiiii��iii� 1 305 11 -i1 -D5 MTG " RF9562C08T96MT09000PAD013050*KRICHCREEK ORIGINAL (Page 6 of 11) -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 an 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 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 PA001306 I ICI ICI �I IIII 1�1 I III Inll � I III I��f II Ilf I) �I!!II ICI � IIII IIII IIII Illl 1111111>II III III IIIII1111 �I qp 11� I �� X RF9562COOT9aMTG9000PA0013060 M ORIGINAL (Page 7 of 11) -8- 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. I J A. Sylv' " A Richc eek - orrower Randall W Richcreek - Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: 25 Gateway Drive, Mechanicsburg, PA 17050 On behalf of the Lender. By: Title: Rr a., c >, a„_ COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: 1, Bernadette Heff elf in er a Notary Public in and for said county and state, do hereby certify that R W Richcreek and Sylvia A Richcreek, Husband and Wife 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 acknowledge that t he _ 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 25th day September ?A 07 My Commission expires: ll IV N 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 acknowledge that he signed and delivered the said instrument as free voluntary acor the uses and purposes therein set forth. Given under my hand and official seal, this day of 2Q _ My Commission expires: Cbfi+IkE�t tlLA TK OF PEPNNSYLVANtA Notary Public Noladal seal deill?ldelb M. Hiotionger, Notm Public L Pefi& Y",, Dauphin Camty My 4!0� yg)M 0#m Nov. 24, 2007 11 -11 -05 MTG Member, P'einTiYovmia Assodatlon or Notaries PAGO1308 I 1111111111111111111111111 IN 111111111111 VII 10111 oil 11111111111111111 IN I Ill " RF9562CD8T98 MT09000PA0013080 ""RICHCREEK " ORIGINAL (Page 8 of 11) _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. 11 -11 -05 MTG 1111111111111011111NIllllllll lull 111111 1111 111101111111111 Em 11111 PA001397 " RF9562CD8T98MTG9000PA0013070 xxRICHCREEK " ORIGIML (Page 9 of 11) -9- (Space Below This Line Reserved For Lender and Recorder) i i I 11 -11 -05 MTG PA001309 IIIII��I�gII�Ullllll�gl�lllllll 111111 in 1111011111111111Ul011111IN111111111IIIIIIN11111 xRF9562C08T98NT09000PA0D13090 "•RICHCREEK ORIGINAL (Page 10 of 11) EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF LOWER MIFFLIN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 09/16/2005 AND RECORDED 09122/2005, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 271 AND PAGE 386. TAX MAP OR PARCEL ID NO.: 15 -05- 0413 -041 11111111 III Il 111 III IIII 111111111111111 III X11191 II m III II 1 IIII Il l I1 III 111 HERB II mi IIm 11u1 " RF9S82C08T98MT 09000PA0013000xmRICHCREEK ■ ORIGINAL (Page 11 of 11) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY •T 1 COURTHOUSE SQUARE CARLISLE, PA 17013 = 717- 240 -6370 Instrument Number - 200737596 Recorded On 9/28/2007 At 10:45:39 AM *Total Pages - 11 • Instrument Type - MORTGAGE Invoice Number - 5540 User ED - RAK • Mortgagor - RICHCREEK, RANDALL W • Mortgagee - HOUSEHOLD FINANCE CONS DISC CO • Customer - HFC * FEES STATE WRIT TAR $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $23.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 This page 1S now part COUNTY ARCHIVES FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 Y Certify this to be recorded in Cumberland County PA is cay� ♦ RECORDER O D EDS trao , • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. WY III ALL THAT CERTAIN tract of land situate with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Pennsylvania State Highway Route No. 997 ** (also known as L.R. 21001), said point being the southeast corner of lands now or formerly of Carl P. Stewart, et ux; thence along the same lands now_ or formerly of Carl P. Stewart, North 47 degrees 50 seconds West 150 feet to an iron pin at lands formerly of Lester M. Russell; thence North 42 degrees 10 seconds East 300 feet to an iron pin; thence South 47 degrees 50 seconds *East 150 feet to a spike in the centerline of the aforementioned highway; thence along said centerline south 42 degrees 10 seconds West 300 feet to a spike in the centerline, the place of BEGINNING. Pursuant to a survey by Thomas A. Neff, dated March 30, 1972. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. *Erroneously omitted East in previous deed. * *Erroneously set forth in prior deed as 944. BEING the same premises which Steven C. Mackey and Emma Jane Mackey, husband and wife, by Deed dated September 16, 2005 and recorded September 22, 2005. in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 271 Page 386, as Instrument Number 2005 - 035543, granted and conveyed unto Randall W. Richcreek and Sylvia A. Richcreek, husband and wife, in fee. EXHIBIT STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD 7ENKINTowN, PA 19046 (215) 572 -8111 Date: August 8, 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 (HEM") 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 IMPORTANCIA, 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 A.RRIBA. 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): Sylvia A. Richcreek PROPERTY ADDRESS: 221 Roxbury Road, Newville, PA 17241. MAILING ADDRESS: 221 Roxbury Road, Newville, PA .17241 -8737 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 * IF YOU ME ET 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, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. YOU SHOULD FILE A HE MAP 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 for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 221 Roxbury Road, Newville, 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 May 15, 2011 through and including August 8, 2012 as follows: Payments of $1,326.20 due on 05/15/2011 through and including 08/15/2011, in the amount of ................ ............................... ......................$5,304.80 Payments of $1,595.24 due on 09/15/2011. through and including 05/15/2012 inthe amount of ...............:. ........:...................... .....................$14,357.16 Payments of $1,767.91 due on 06/15/2012 through and including 06/15/2012 inthe amount of ................ ............................... ......................$1,767.91 Payments of $1,968.02 due on 07/15/2012 through and including 07/15/2012 inthe amount of ................ ............................... ......................$1,968.02 Other charges (explain/itemize): Latecharges :................... ............................... ........................$364.38 Other charges ( explain) .. ............................... .........................$75.00 Uncollected Fees TOTAL AMOUNT PAST DUE: .................................................... $23,837.27 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 $23,837.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: Household Finance Consumer Discount Company 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 p ro p erty. 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 TI -BRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, plus any late or other eharM 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 Company 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 attorneys 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 & EISENBERG, PC BY: _ f. 9w— Stern g Eisenbe , PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRAC'T'ICES 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 REAFFWAED 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. C ompretiensiiib, :H ousini as nisrcv�N�E 'tcous�roc:��ac�cEAC�rrcv '�►#�unS��ICI .�1 '4'n�IBS' AVOW as -0 Gons:ejb.;al,:G[ienf'e:paidltnr e»di : ;Cumtieeland•:Coumy ``CC1;S'iiFllVestern P14;- 'Mork 55?Clo4rrit6ARoad, " D'allasEovvi:PA9,73�l3: BB8S712?27'l.866:5p 1:2227; ;Comriwnity:iAcfion Commissio ► - Capital. Fteu NettlSh 'rg; PA:I.M4`r 7tj233;3T57 vv cectr cautkvorg Harrisburg FairF[ousing Council hlerri�irq �PA;1 ?11p;: 7. 2. 38:9s4o- H ut4sing & itetlevetopmerttAutho it .:- Cumberland.;Ci�t ll N HMOWrS `SfE :104:. G�Iis1e ;flA. Titl,93" 86¢.68.3:9302 ! 717..249:07,$9; SWALG LoVeship; 2320N51hSt 6nli PkI; 71.ib- 2.1:7'2822207 ` •Pd"dneCbr or"n Pent>§yllradfa '1 Seoortti.$1': Harristiutg::P'A �a 79'02:: 797:284:bb76;': gyyy%si'r'eA�r'o'ahsihstMe ne;}itrri Pknrlsj+ lvarii6:40rUM.Gomrnuriity.Prtig# R4ifai�`sCoupiyHousing ty : (A A ); 40E.Hf4h:&t( Geftjlsb{i'g 17325: 7f 7:334 ,1618;'•. W vii dei is ie'org: H07E•MEUE!orglE agenciesdretsuu} kstwpst' UarioieslOCa6irnsil es' tailtol6d: @'lacafibinear.}rbri tiepallast. updatgd:,1019120,09,z:,Uf;55,PM Page 1<nit� SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete 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. Received by ( Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, K or off front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No [V i c A , k 2 2 I 20 X h1,c rt RUd 3. Service Type p �� ❑ Certified Mail 13 Express Mail � r�� V f �/ � / ❑Registered ❑ Return Receipt for Merchandise ��j ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ,, 7 012 1010 ❑ 2 2362 2 3 2 2 (transfer from service label) PS Form 3811 February 2004 Domestic Return Receipt 102595-02 -M -1540 - S erv i c e ,. i R1 ' Mail O nly; ru M ru ru I C . I1 UP =SFE M Postage $ ru Certified Fee fl_I r :P,ostmark O Return Receipt Fee tieie - p (Endorsement Required) , Restricted Delivery Fee ' O (Endorsement Required) r=I "• r3 ` C] Total Postage & Fees $ r ra . Sent To ra -- -I v' &- -A = kp ! -ire Sheet, Apt No., , � -- PO Box N ( Y� City, State, ZIP +4 'n � P§ F , q r M 3890, Au 2006 Sea Reverse for Instructions, and STERN & EISENBERG :ss 261 Old York Road -The Pavilion -Ste Y10 .der Jenkintown, PA 19046 ne Article Name of Addressee, Street, and Post Office Address Postage Fee Number 1 * * ** Sylvia A. Richcreek 221 Roxbury Road Nevwille, PA 17241 2 * * ** Pennsylvania Housing finance Agency PO Box 8029 Harrisburg, Pennsylvania 17105 3 * * ** 4 * * ** 5 6 * * ** 7 * * ** 8 * * ** f f3•• O O N C a. p N 12 �;- t-.• wpm 1, 0 13 M D rn rn 14 G) Q l-4 Iz 15 RE:. Act Notice � E2 N W O >tal Number of Total Number of Pieces Postmaster, Per (Name of Receiving ^ • O N W eces Listed by Sender Received at Post Office Employee) L FORM 1 Household Finance Consumer Discount ; IN THE COURT OF COMMON PLEAS OF Company CUMBERLAND COUNTY, PENNSYLVANIA' Plaintiff(s) 0 y C. :r— t._ i Fr'►� � Wit.'. VS. Sylvia A. Richcreek Wi t? Defendant(s) - 3aa civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectful[ submitted: 6/3/2013 Date �ignature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST 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? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: _Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) 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 /Tuft. 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: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 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 FORM 3 Household Finance Consumer IN THE COURT OF COMMON PLEAS OF Discount Company CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Sylvia A. Richcreek 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. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signat`u"r"e of DeT&ndant. _ . - - Date - - - -- Signature of Defendant Date FORM 4 Household Finance Consumer DISCOUnt Company : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Sylvia A. Richcreek Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of 1 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. )01JJZ ANDREW J.MARLEY,#312314 N YL �d NIA A l STERN&EISENBERG,PC MA 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18974 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: 13-3224 Civil V Sylvia A. Richcreek PRAECIPE TO REINSTATE COMPLAINT Defendants PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STERN & EISENBERG, PC BY: DREW J. MARLE Attorney for Plain • 07/05/2013 eits4 74)6/014 C797 -ff-d9.096PS7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson try �-�� ���,���FILED-OFFICE �At Sheriff tt1 �y fit Jody S Smith r=. 2013 Chief Deputy PM 2-- 13 Richard WStewart - CUMBERLAND COUNTY Solicitor OF FICEC,rTHZ PENNSYLVANIA Household Finance Consumer Discount Co. Case Number vs. Sylvia A Richcreek 2013-3224 SHERIFF'S RETURN OF SERVICE 06/07/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sylvia A Richcreek, 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 Served"at 1774 Walnut Bottom Road, Newville, PA 17241, defendant filed bankruptcy#1-11-07774. 06/07/2013 03:24 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sylvia A Richcreek, 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 221 Roxbury Road, Lower Mifflin, Newville, PA 17241. Residence is vacant, the Newville Postmaster provided a forwarding address of 1774 Walnut Bottom Road, Newville, PA 17241. SHERIFF COST: $55.12 SO ANSWERS, June 21, 2013 RON Y R ANDERSON, SHERIFF (c)CountySuite Sheriff,Te!eoscft,Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 'LED-U;° Sheriff ('F T 141 E ;a R 0 T}.{C}hd 0 T#�;;.E Jody S Smith JUL 19 PM 3= 0 1 Chief Deputy Richard W Stewart ` € MBERLA COUNTY Solicitor PENNSYLVANIA Household Finance Consumer Discount Co. Case Number vs. Sylvia A Richcreek 2013-3224 SHERIFF'S RETURN OF SERVICE 07/11/2013 05:20 PM-Deputy Amanda Cobaugh, 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: Sylvia A Richcreek at 1774 Walnut Bottom Road, Newville, PA 17241. �-,Oko k ITI AMANDA COBAUGH, DEPU SHERIFF COST: $41.56 SO ANSWERS, July 15, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,i eleosott.Inc. STEVEN K.EISENBERG,ESQUIRE(75736) v'� �i` ��ls 11 I i f i ' i��l r`i! M.TROY FREEDMAN,ESQUIRE(85165) CHRISTNAC.VIOLA,ESQUIRE(308909) f! `� i(: J 0 ANDREW J.MARLEY(312314) EAND- ERL Lt� STERN ,PC 1581 MAIN&EISENBERG STREET,SUITE 200 Pc tih]$} L VA NIACOUNTY WARRINGTON,PENNSYLVANIA 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 V. Civil Action Number: 13-3224 Civil Sylvia A. Richcreek MORTGAGE FORECLOSURE Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Sylvia A. Richcreek, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty(20) days of service thereof. PRINCIPAL BALANCE...............................................................................$193,317.67 INTEREST accrued thru 05/10/2013 of .......................................................$25,369.09 Interest after 05/10/2013 shall accrue at the per diem rate of$27.80.) ADVANCES FOR TAXES...........................................................................$8,639.04 ADVANCES FOR HAZARD INSURANCE...............................................$2,072.00 LESS SUSPENSE(If any).............................................................................($15.00) Sub-Total Through Date of Complaint....................................................$229,382.80 ACCRUED INTEREST after 05/10/2013 shall accrue at the per diem rate of$27.80 to August 14, 2013..................................................................$2,668.80 CE'# ��y3 J:\Taylor\Sales\Cumberland\HSBC.Richcreek.8.13.docx rg a—1 `4 0—1 l E7�0�Gt-�4w� TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT.........................................................................................$232,051.60 ST ISE BE G, PC BY: ❑ S IS NBERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ ,1,EN M. GARZA, ESQUIRE CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff J:\Taylor\Sales\Cumberiand\HSBC.Richcreek.8.13.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) C CHRISTINA C.VIOLA,ESQUIRE(308909) -, C._.a "-,--.�; ANDREW J.MARLEY 312314 STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 r Cj WARRINGTON,PENNSYLVANIA 18976 " TELEPHONE:(215)572-8111 ._ FACSIMILE:(215)572-5025 -) =� q.... (COUNSEL FOR PLAINTIFF) C__,, r IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company V. Civil.Action: 13-3224 Civil Sylvia A.Richcreek Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF BUCKS I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief,Defendants': 1. Last-known address is: 1774 Walnut Bottom Road,Newville,PA 17241 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers'Civil Relief Act of 1940, as amended. ST R EI s tG,PC BY: ) ❑ S . SENBERG,ESQUIRE cOMftof, 7"OF 0 M.TROY FREEDMAN,ESQUIRE NOTARIAL S ��N� ❑ JACQUELINE F. McNALLY,ESQUIRE DIANE J. TURANO ❑ LESLIE J. RASE,ESQUIRE No ary My C mmiss onnEX i 'Bucks Con 1:1 LEN M. GARZA,ESQUIRE plres October 31,2014 /_.CCHRISTINA C. VIOLA,ESQUIRE ❑ ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff Sworn to a ubscr' ed before me this ay of , 20 3 AL A otary Public J:\Taylor\Sales\Cumberland\17iSBC.Richcreek.8.13.docx Department of Defense Manpower Data Center Results as of:Aug-14-2013 11:27:58 SCRA 3.0 Status Resort Pursuant to Sery cemembiem Civil Relief Act Last Name: RICH CREEK First Name: SYLVIA Middle Name: Active Duty Status As Of: Aug-14-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAB- - - Nom NA ♦e This response reflects the individuals'alive duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA 110 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA 'ANA. rrlo - ,'Y NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 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 V. Civil Action: 13-3224 Civil Sylvia A. Richcreek MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. S E EI N ERG, PC BY: r) - ❑ STEVIEN K. EISENBERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE CHRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff J:\Taylor\Sales\Cumberland\HSBC.Richcreek.8.13.docx STERN&EIsENBERG PC THE SHOPS AT VALLEY SQUARE 1581.MAIN STREET,SUITE 200 WARRINGTON,PA 15976 TELEPHONE:(215)572-8111 h'ACsimILE:(215)572-5025 (COUNSEL"FOR PLAINTwr) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Household Finance Consumer Discount Company (Plaintiff) Docket#: 13-3224 Civil V. Sylvia A. Richcreek TEN DAY NOTICE (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.11 TO: Sylvia A. Richcreek 1774 Walnut Bottom Road Newvi i le. PA 17241 Date of Notice: Thursday,August 1,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGH'T'S. YOU SHOULD TAKE THIS .NOT'ICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE.TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. _ IF YOU CANNOT AFFORD TO HMF:A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO I=EEE Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 STERN.&EISE R(,.TC By: torney for Plaintiff f MStephanie L\Ten Days\HSBC_Richere.ek.docx STERN&Z EISENBERG PC THE SHOPS AT VALLEY SQUARE 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-81 It I'ACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Household Finance Consumer Discount Company (Plaintiff) Docket#: 13-3224 Civil V. Sylvia A.Richcreek TEN DAY NOTICE (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Sylvia A. Richcreek 22 t Roxbury Road Newville,PA 17241 Date of Notice: Thursday,August 1.,2013 IMPORTANT NOTICE YOU ARE, IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITINGY WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 S'1-ERN"&--EI ENBEI.XG,PC -7 By: W.6rney for Plaintiff' .1:\Stephanie L\Ten Day.-,\[ISBC—Richcreek.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-811.1 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company V. Civil Action: 13-3224 Civil Sylvia A. Richcreek MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. IS S B G, PC BY: _K MS NBE G, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE . 3 CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff J:\Taylor\Sales\Cumberland\IiSBC.Richcreek.8.13.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 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 V. Civil Action: 13-3224 Civil Sylvia A. Richcreek MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Household Finance Consumer Discount Company 2929 Walden Avenue Depew, NY 14043 (Plaintiff) Sylvia A. Richcreek 1774 Walnut Bottom Road Newville, PA 17241 (Defendant(s)) r ' S RN ';EI G, PC BY: tl ❑ STEVEN EISENBERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE • CHRISTINA C. VIOLA, ESQUIRE • ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff J:\Taylor\Sales\Cumberland\HSBC.Richcreek.8.13.doex 4 � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVNi CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION c , Household Finance Consumer , of_ Discount Ccmp�n Confessed Judgment Plaintiff ❑Other i c VS. File No. 13-3224 -' Sylvia A. Richcreek Amount Due $232,051.60 Defendant Interestt from 8/14/13 @ the per diem rate 27. 80 is paid in Address: Atty's Comm full 221 Roxbury Road ,Newville, PA 17241 Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,interest and costs,upon the following described property of the defendant(s) See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County,for debt,interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description; supply four copies of lengthy personalty list) 221 Roxbury Road ,Newville, PA 17241 and all other property of the defendant(s) in the possession,custody or contr 1 of the said garnishee(s). ❑ (Indicate)Index this writ against the garnishee(s)as a lis p tn ins al tate of the defendant(s)described in the attached exhibit. Date 8/14/2013 Signature: Print Name: a �O a }. �.s'o1Dd a Address: 1581 Main Street, Suite 200 55./o1 " Warrington, PA 18976 Y/, S� Attorney for: Plaintiff /03 7 Telephone: 215-572-8111 7.5,/, / Supreme Court ID No: 308909 610' a C L# 0.IL ALL THAT CERTAIN tract of land situate with the improvements thereon erected, situate in Lower Mifflin Township,Cumberland County,Pennsylvania,bounded and described uufollows: BEGINNING at o spike in the center of Pennsylvania State Highway Route No. 997** (also known as L.R. 21001), said point being the southeast comer of lands now or formerly of Carl P. Stewart, et ux; thence along the same lands now oz formerly of Carl P. Stewart, North 47 degrees 5V seconds West l5Ofeet tooniron pin a1lands formerly of Lester B8. Russell; thence North 42 degrees lU seconds 5unt 300 feet to an iron pin; thence South 47 degrees 50 m0000do *East 150 feet to u spike in the nootez|ioc of the aforementioned highway; thence along said centerline south 42 degrees 10 seconds West 300 feet to a spike in the centerline, the place of BEGINNING. Pursuant tnu survey by Thomas A.Neff,dated March 3O. 1972. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, cmocuuoLm and right ofways of record. *Erroneously omitted East in previous deed. "Erroneously set forth io prior deed uxg44. BEING the same premises which Steven C. Mackey and Emma Jane Mackey, husband and wife, by Deed dated September 10, 2005 and recorded September 22, 2005 in the Office of the Recorder of Deeds in and for Cood7nduud County in Deed Book 271 I^xgo 386, as Instrument Number 2005-035543, granted and conveyed unto Randall W.Richcreek and Sylvia A.Richcreek, husband and wife, in fee. PARCEL 15-05-0413-041 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3224 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff(s) From SYLVIA A.RICHCREEK (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $232,051.60 L.L.:$.50 Interest FROM 8/14/13 @ THE PER DIEM RATE OF$27.80 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm: Due Prothy:$2.25 Atty Paid: $257.18 Other Costs: Plaintiff Paid: Date: August 16,2013 David D.Buell,Prothonotary (Sea]) B "4— Q.G"�s y Deputy REQUESTING PARTY: Name: CHRISTINA C.VIOLA,ESQUIRE Address:STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 Attorney for:PLAINTIFF Telephone:215-572-8111 Supreme Court ID No.308909 L. STEVEN K.EISENBERG,ESQUIRE(75736) F It Y M.TROY FREEDMAN,ESQUIRE(85165) -' l I ti P ID{JI-10�j(� i LESLIE J.RASE,ESQUIRE(58365) T'1 It CHRISTINA C.VIOLA,ESQUIRE(308909) 0 16 AN 10: a ANDREW J.MARLEY(312314) STERN&EISENBERG,PC (:UN1:iERli.AND CoUtgT 1581 MAIN STREET,SUITE 200 PEENS YLVANIA WARRINGTON,PENNSYLVANIA 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 Action: 13-3224 Civil V. Sylvia A. Richcreek MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe R for the Writ of Execution was filed, the following information concerning the real property located at 221 Roxbury Road,Newville,PA 17241 1. Name and address of Owner(s) or Reputed Owner(s): Sylvia A. Richcreek 1774 Walnut Bottom Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Sylvia A. Richcreek 1774 Walnut Bottom Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Moffitt Heart &Vascular Group 1000 North Front Street Wormleysburg, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: N/A J:\Taylor\Sales\Cumberland\HSBC.Richcreek.8.13.docx 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenants)/Occupant(s) 221 Roxbury Road Newville, PA, 17241. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 14, 2013 PER I B RG, PC BY: CpMM� Q ❑ V G, ESQUIRE N A� CF ❑ M. TROY FREEDMAN, ESQUIRE O/qN . 7 RIAL PENNSnv�rA ❑ JACQUELINE F. McNALLY, ESQUIRE wa�� Tt/RgNO �oA� ❑ LESLIE J. RASE, ESQUIRE �0mfilon Ts oust ❑ LEN M. GARZA, ESQUIRE r31, 2014 ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn t� subscribed before me this ay of 243 . Notary Public J:\Taylor\Sales\Cumberland\HSBC.Richcreek.8.13.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) ROD Ji 0 t-t;0 LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) 16 A M 10: 3 2 ANDREW J.MARLEY(312314) STERN&EISENBERG,PC CUMBEIRLMD COBTY I 1581 MAIN STREET,SUITE 200 PENNSYLVANIA' WARRINGTON,PENNSYLVANIA 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 V. Civil Action: 13-3224 Civil Sylvia A. Richcreek Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sylvia A. Richcreek 1774 Walnut Bottom Road Newville, PA 17241 Your real estate at 221 Roxbury Road , Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 4, 2013 at 11:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of$232,051.60 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stem&Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stem&Eisenberg PC, telephone(215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J-.\Tayfor\Sales\Cumberland\HSBC.Richcreek.8.13.docx You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem&Eisenberg PC, telephone(215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem &Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong)are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717)240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 J.\Tayfor\Sales\Cumberland\HSBC.Richcreek.8.13.docx ALL THAT CERTAIN tract of land situate with the improvements thereon erected, situate in Lower Mifflin Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a spike in the center of Pennsylvania State Highway Route No. 997** (also known as L.R. 21001), said point being the southeast corner of lands now or formerly of Carl P. Stewart,et ux; thence along the same lands now or formerly of Carl P. Stewart,North 47 degrees 50 seconds West 150 feet to an iron pin at Iands formerly of Lester M. Russell; thence North 42 degrees 10 seconds East 300 feet to an iron pin; thence South 47 degrees 50 seconds *East 150 feet to a spike in the centerline of the aforementioned highway; thence along said centerline south 42 degrees 10 seconds West 300 feet to a spike in the centerline, the place of BEGINNING. Pursuant to a survey by Thomas A.Neff,dated March 30, 1972. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. 'Erroneously omitted East in previous deed. **Erroneously set forth in prior deed as 944. BEING the same premises which Steven C. Mackey and Emma Jane Mackey, husband and wife, by Deed dated September 16, 2005 and recorded September 22, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 271 Page 386, as Instrument Number 2005-035543, granted and conveyed unto Randall W.Richcreek and Sylvia A.Richcreek, husband and wife, in fee. PARCEL 15-05-0413-041 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQUIRE STERN AND EISENBERG, PC - a a :11--• 1581 Main Street, Suite 200 r"; C"'' - r Warrington, PA 18976 .. ' -- (215) 572-8111 '� -- © -- LD. #308909 x,.c..., .x =c> , C. ,.- -- v .• 1- ;, Household Finance Consumer Discount Company ' -- Plaintiff(s) Civil Action: 13-3224 Civ▪il v. Sylvia A. Richcreek MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQUIRE, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendant(s)by certified mail, return receipt requested and regular, first-class, postage prepaid mail on October 7, 2013. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on October 7, 2013, as evidenced by copies of certificate of mailing and certified mail receipts attached. STE'' • ►� 0 E BA CHRIS'' C._IOLA, ESQUIRE Attorney for Plaintiff 10/8/13 M ry m a � m *� a b unannis-1 c r rn,,, iss., 0. UP O *" r ' o "� R. ° P7 "• (� a' () 5 0 a• � 0, 00 x00 0 0 = p y' a � tr4 `U " O 0 ¢' CTS c0 p. 00 0 42,° O ., vx • ri� >'"C n J 0 n Et J C O d 0 `d 1 j 5 0 a, Tr-. P r, 'A O CD O CD O CD 0 O to BOMA 1i C/l Sy O x r°. N N ¢. po W V) 0 W C/3 v' ,— "3. /4 r•-■ rte= 0 ~ P O n �° c'T` rte-+ ^ CD 0s 1. 0 t p fN,T — 0 'b ¢ h vim • W PL o cho r� co O � a 00 ›w O a rn 3 ],a9a oaaa 4936 1288^m n C o 79,010_1 , m 3m E. 0 o mN w Frost = °^ o; 99 a 3 1. yt 0a. - v m m m 0 X 3 11§Z-01 w m°' m' n i -I O 0 w ro 3 O 337 m c2 ti —,` rte+ �n d 7> ,+1 2� €� c p t, rn oa i ez' t -1; m o.m � a ..111 O rtv v CD 00 ` `0 1 �i c o 1 R.N �( N LA -o N a II tOZ LO 100 9891,/£1.000 ()ZS ZOO 9 ZZ :y t�' . 9L68 t dIZ r t:i _�- R 1tr IIIS3M08 A3N±td ?OK I, r' C e r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQUIRE STERN AND EISENBERG, PC 1581 Main Street, Suite 200 The Shops at Valley Square r' Warrington, PA 18976 (215) 572-8111 I.D. #308909 Household Finance Consumer Discount Company Plaintiff(s) Civil Action: 13-3224 Civil v. MORTGAGE FORECLOSURE Sylvia A. Richcreek Defendant(s) CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQUIRE, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendant(s) and received on October 7, 2013 as evidenced by copy of signed green card attached. S 'ER f' t ' S N BERG, PC B • .� CH''''s 11.A7-"VIO A, ESQUIRE Attorney for Plaintiff 10/14/2013 4 . • 9 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ��t( ❑Agent • Print your name and address on the reverse x � .�i.tcIiiA ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. D te of Delivery ■ Attach this card to the back of the mailpiece, - �0 J%-� or on the front if space permits. w,„,A 40,-AA0cf� D. l§delivery address different from Item 1? ❑Yes 1. Article -sed to: If YES,enter delivery address below: ❑No q , A. Q.Oett1 k 11 ; $ \rw,0- V o kom Rcl. NQW 'pN \T2y\ 3. Service Type - a Certified Mail ❑Express Mail 9 ❑Registered •Return Receipt for Merchandise ❑ Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7013 1� 2. Article Number "° 090 0000 4936 1288 (Transfer from service PS Form 3811.February 2004 Domestic Return Receipt 102595-02-M-1540 • a TY SHERIFF'S OFFICE OF CUMBERLAND COUN Ronny RAnderson FF,C . Sheriff ` faX Jody S Smith 3 JA N 28 AM 8e 4 7 Chief Deputy ' w Richard W Stewart CUMBERLAND COUNTY ~ a�����` Solicitor OFFICE OFTVE .gERIFF PENNSYLVANIA Household Finance Consumer Discount Co. Case Number vs. Sylvia A Richcreek 2013-3224 SHERIFF'S RETURN OF SERVICE 09/20/2013 08:54 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Sylvia A Richcreek at 1774 WALNUT BOTTOM ROAD, PENN TOWNSHIP, NEWVILLE, PA 17241, Cumberland County. 09/23/2013 02:00 PM -Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 221 Roxbury Road, Lower Mifflin -Township, Newville, PA 17241, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Steven Eisenberg, on behalf of Household Finance Consumer Discount Company, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $933.25 SO ANSWERS, 6z January 23, 2014 RON R ANDERSON, SHERIFF 48.co. pd A& P 6-4�qj(pq e 3oi o57 (c)CountySuite Sheriff, oleosoft,In^-. On August 21, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, Known and numbered as, 221 Roxbury Road, t - Newville, as Exhibit "A" filed with this writ and by this Reference incorporated herein. A' Date: August 21, 2013 By: Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-3224 Civil Term and Sylvia A. Richcreek, husband and wife,in fee. HOUSEHOLD FINANCE PARCEL 15-05-0413-041. CONSUMER DISCOUNT CO. VS. SYLVIA A. RICHCREEK Atty.: Steven Eisenberg ALL THAT CERTAIN tract of land situate with the improvements thereon erected,situate in Lower Mif- flin Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a spike in the center of Pennsylvania State Highway Route No.997**(also known as L.R. 21001), said point being the south- east corner of lands now or formerly of Carl P.Stewart,et ux;thence along the same lands now or formerly of Carl P.Stewart,North 47 degrees 50 seconds West 150 feet to an iron pin at lands formerly of Lester M.Russell; thence North 42 degrees 10 seconds East 300 feet to an iron pin; thence South 47 degrees 50 seconds *East 150 feet to a spike in the centerline of the aforementioned highway;thence along said centerline south 42 de- grees 10 seconds West 300 feet to a spike in the centerline, the place of BEGINNING. Pursuant to a survey by Thomas A.Neff,dated March 30, 1972. UNDER AND SUBJECT to cov- enants, conditions, reservations, restrictions, easements and right of ways of record. *Erroneously omitted East in previous deed. **Erroneously set forth in prior deed as 944. BEING the same premises which Steven C. Mackey and Emma Jane Mackey,husband and Wife,by Deed dated September 16. 2005 and re- corded September 22, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 271 Page 386, as Instrument Number 2005-035543, granted and conveyed unto Randall W.Richcreek 98 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Cy r sa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 Notary F OTARIAL SEAL ORAH A COLLINS Notary Public UGH,CUMBERLAND COUNTY sion Expires Apr 28,2014 The Patriot-News Co. -920 Technology Pkwy Suite.300 Patr1*otwXews Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATR:0T NEWS THE SUNDAY PATRIOT NEWS - Pro& of Publication Under Acc No. 587, Approved May 16, 1929 Commornv;aalth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly-,worn according to law, deposes and says: "('h3Z:he is:hie Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 013-3224 Civil erm This ad ran on the date(s)shown below: USEHOLD FIN#NCE Co SUMER DISCO NT Co. 10/13/13 VS. YWIA A RICHCREEK 10/20113 Steven AL THAT CERTAIN S tract o9f land 10/27/13 situate with the improvements thereon C--- erected,situate in Lower Mifflin Township, Cumberland County,Pennsylvania,bounded and described as follows: . . . . . . . . . . . . . . BEGINNING at a spike in.the center of Pennsylvania State Highway Route No. y Sworn to rids scribed before me his 11 day of November, 2013 A.D. 997"(also known as L.R.21001),said point being the southeast comer of lands now or formerly of Carl P. Stewart, et ux; thence along the same lands now or formerly of Carl 1 P.Stewart,North 47 degrees 50 seconds V6est Ota P U b I i C 150 feet to an iron pin at lands formerly of Lester M.Russell;thence North 42 degrees 10 seconds East 300 feet to an iron pin; thence South 41 degrees 50 seconds•East 150 feet to a spike in the centerline of the COMMONWEALTH OF PENNSYLVANIA aforementioned highway;thence along said Notarial Seal centerline south 42 degrees 10 seconds West Public 300 feet to a spike in the centerline,the place H011y Lynn Warfel,Notary of BEGINNING. Washtngton Twp.,Dauphin County Pursuant to a survey by Thomas A. Neff, My Commission Expires Dec,12,2016 dated March 30,1972. MEMBER,PENNSYLVANIA P-03 TION OF NOTARIES TINDER AND SUBJECT to covenants, conditions, reservations, restrictions, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Household Finance Consumer Discount Company is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 16th day of Au ust, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3224, at the suit of Household Finance Consumer Discount Company against Sylvia A. Richcreek is duly recorded as Instrument Number 201401918. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c; day of JGl , A.D. c�D Recorder of(Deeds Rider of Deeds,Cumberland County,Carime,FA My Commission Expires the First Monday of Jan.2018