Loading...
HomeMy WebLinkAbout13-3615 a n Supreme Con trt o'Pennsylvania CourhoI Common leas For Prothonotary Use Only: l/ L/ Cil�,CoverS beet Docket No CUMB ND County I �./ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ix{ Complaint D Writ of Summons U Petition 0 Transfer from Another Jurisdiction U Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: PARTNERS FOR PAYMENT RELIEF DE III, LLC SIMON ELLBERGER AND YILDIZ ELLBERGER T Yes ❑� No Dollar Amount Requested: ❑ within arbitration limits I Are money damages requested? x' 0 (check one) 0 outside arbitration limits N Is this a Class Action Suit? Yes 21 No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff /Appellant's Attorney: STEPHEN M. HLADIK, ESQ. AND WILLIAM E. MILLER, ESQ. 0 Check here if you have no attorney (are a Self - Represented 1Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional D Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card ❑ Board of Assessment 0 Motor Vehicle ® Debt Collection: Other Board of Elections 0 Nuisance D autor Transportation Q Premises Liability y Appeal: Other S 0 Product Liability (does not include III Employment Dispute: mass tort) E � Slander/Libel /Defamation Discrimination C 0 Other: J Employment Dispute: Other 0 Zoning Board 0 Other: , , I ® Other: O MASS TORT F0 Asbestos N Cs Tobacco Toxic Tort - DES El Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 1 Toxic Waste 0 Ejectment Cp Common Law /Statutory Arbitration B Other: ❑ Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent G Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations 2 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial QF-J Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title ❑ Other: Medical 0 Other: 0 Other Professional: Updated 1/112011 y a KERNS, PEARLSTINE, ONORATO & HLADIK, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue P.O. Box 1489 North Wales, PA 19454 215 855 -9521 PARTNERS FOR PAYMENT RELIEF DE, COURT OF COMMON PLEAS OF III, LLC CUMBERLAND COUNTY, PA 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073 PLAINTIFF, v. NO. I J SIMON ELLBERGER AND YILDIZ ELLBERGER, 8 Briarwood Court Camp Hill, PA 17011, r -= ri DEFENDANTS. ; =a 4 ` CD r r� COMPLAINT - CIVIL ACTION Vic) MORTGAGE FORECLOSURE Z ) NOCE �° TI YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A � aqa� 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: LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue P.O. Box 1489 North Wales, PA 19454 (215) 855 -9521 PARTNERS FOR PAYMENT RELIEF, LLC COURT OF COMMON PLEAS OF 3748 West Chester Pike, Suite 103 CUMBERLAND COUNTY, PA Newtown Square, PA 19073 PLAINTIFF, V. SIMON ELLBERGER AND YILDIZ NO: ELLBERGER, 8 Briarwood Court Camp Hill, PA 17011, DEFENDANTS. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff hereby complains against Defendant as follows: 1. Plaintiff is Partners for Payment Relief, LLC, ( "Plaintiff'), with an address of 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073. 2. Plaintiff is the current holder of the mortgage described below (the "Mortgage "): (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc. MERS as nominee for Advanced Financial Services, Inc. Mortgagor Simon Ellberger and Yildiz Ellberger (b) Date of Mortgage June 18, 2004 (c) Place and Date of Record of Mortgage Recorder of Deeds County: Cumberland Mortgage Book: 1870 Page: 3887 Date: June 23, 2004 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019 (g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignment Assignor: Mortgage Electronic Registration Systems, Inc. as Nominee for Advanced Financial Services Inc. Assignee: Partners for Payment Relief, LLC Date of Assignment: April 23, 2013 Recording Date: May 6, 2013 Instrument No.: 201314803 3. Plaintiff is, therefore, the present holder of the mortgage by virtue of the above - described Assignment. 4. Contemporaneous with execution of the Mortgage, Defendants executed a Note (the "Note "). A true and correct copy of the Note is attached hereto and marked as Exhibit "B." 5. The real property which is subject to the Mortgage is generally known as 8 Briarwood Court, Camp Hill, Pennsylvania 17011. A true and correct copy of the legal description is attached hereto and marked as Exhibit "C." 6. The name and mailing address of Defendants is: Simon Ellberger and Yildiz Ellberger at 8 Briarwood Court, Camp Hill, Pennsylvania 17011. 7. The interest of Defendants are as Mortgagors and Real Owners. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of February 13, 2007, and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 9. The following amounts are due as of June 11, 2013: Principal of Mortgage debt due and unpaid $55,925.91 Interest currently due and owing currently at $18.00 each day $41,278.69 Late Charges at $35.52 and for each month hereafter $2,699.52 Title Search $175.00 Court Costs $203.75 Attorneys' Fees $1,800.00 TOTAL $ 102,028.87 10. Interest accrues at a per diem rate of $18.00 each day that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 11. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 12. Notice pursuant to Act 91, was sent to Defendants on May 2, 2013. A true and correct copy of the Notice sent to Defendants is attached hereto and marked as Exhibit "D." WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 9 and 10, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & HLADIK, LLP Date: � � BY: Stephen M. Hl dik, Esquire Attorney for Plaintiff VERIFICATION hereby states that he /she is an agent for the Plaintiff in this action; that he /she is authorized to and does take this Verification on behalf of said Plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unsworn falsification to authorities. Date: ' 3 Name: orb C OI w Title: Company: (of �al vtn+ khee File 4 13 -0189 �. q f 1 .ti �� 1 . Y a z � 1 i i -� iS � L� Q! r } 1 i 1 1 f i 1 .Return TwAdvanced Financial services, Inc. 25 Entetpr1se Center Newport, M 02842 ; .parcel Number. 1 MM100049700005612631 ! 4 THIS MORTGAGE is made this 18th day OtJuna, 2004 , between the Mortgagor, 4 Simon Ellberger K 3t31diz tl.lbesger I i f � f S j 4 i � 4 (herein 'Borrower "), and the Mortgagee, Mortgage Electronic Registration Systems, Inc. { "HERS"), (solely as nominee for Lender, as hereinafter ; deErled, and Lender's successors and assigns). MERS is organized and existing under the lases of Delaware, and has an .address and telephone number of'P.G. Box 2026, flint, MI 48501 -2026, tel. ? i (888) 679 MERS.pdvanced Financial services, I i i ( "Lzndcr ") is organized and existing under the Jaws of state of Abode island ; and has an address of 25 Enterprise Center, Newport, ,1R2 02842 4 . F I f i WHEREAS, Borrower is indebted to Lender•in the principal sum of U.S. '$ 60, 000.00 which indebtedness is reAdenced by Borrower's note bated June 18, 200 and 1 extensions and renewals thereof (herein ":Note'), providing for monthly installments of f i principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on June 23, 2019 � 2004 -- 561263 4-- 561263 3851 i TSENNBYI.�JANIA - stcow MORTGAGsr - 1J80 - RMIA"LMC UNT -011 V; INS'tRilMENT'd " ttirt ja + . Form 3839 •7s1V1%'At mza7j l`,mrhtted s18 � 2 }y�^ 4 P� 1 of a kt4alx l"` t i VMP PA6a7MAGE FM MS- {8001611 -7291 { i t � { f f I S EXHIBIT 1 HK 1 870P1133887 • • f 3 i i i S a ' 4 j 1 f i i � 1 3 ! TO SECURE to Loader the repayment of the indebtedness evident by the Note, with interest � thereon; the payment of all other stuns, with Werest thereon, .advanced in accordance herewith to proterd the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, 'Borrower does hereby .mortgage, grant and convey to 'lvl'ERS (solely as nominee for Leader and Lender's successors and ,assigns) and to the successors and assigns of MFRS, the following described property located in the County of cumberland State of Pennsylvanial: ! See Attached Exhibit A i i ! i E 1 , which has the address of R Bria.rwood ct ' Camp Hill ,Pennsylvania 17011 (herein 'Property address "), [r rup Code] 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 Inn old 'estate if i this Mortgage is on a leasehold) are hereinafter referred tb as the 'Property." Borrower understands and agrees that MGRS holds only legal title to the interests granted by Borrower in this Mortgage-, but if necessary to contp'ly with law or custom, MFRS, (as nominee for Lender and .Lender's successors and j t .assigns), bus the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take an ar tiort iequired of Lender including, but not limited to, i t releasing or canceling this Mortgage. iiorroxver,covtnants That Borrow er is lawfaliy .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 r _J encumbrances of record. Borrower covenants that Borrower v++arrants and will defend generally the title to s the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: � 1. Payment of Principal and 1ntrrest. Borrower sball promptly lay when due the Principal and interest indebtedness evidenced by the Mote and late charges as provided in the Note. 2. Funds for Taxes and Tnsuranm Subject to applicable law or a written wa iver by Lender, Borrower sball pay to bender on the day .monthly payments of principal and intcrest are payable under the Note, until the Note is paid in frill, a sum (herein "Fonds ") equal. to one-twelfth -of the yearly, taxes and ! 200 361263 38:51 ' 40= 76N1PA1 iman Paget 018 Farm 3838 i i I i i 3 ! i i i K 187 0i3O388 8 e J � t + {t r i i assessments (including condominium and planned unit development assessments, if any) which may attain j priority over this Mortgage and ground rents on the Property, if any, plus one- twalftll of yearly premium .installments for hazard insurance, plus one-tweltth of yearly premium installments for mortgage insuran { if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and ; + bills and reasonable estimates thereof. Borrower shall not be obligated 'to make such payments of Funds to ; I Lender to the extent that Borrower makes such payments to the holder of .a prior mortgage or deed of brnist ' if such holder is an institutional 'lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are 'insured or guaranteed by a federal or state 'agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said tastes, assessments, insurance premiums .and ground rents. Leader may not charge for so holding .and applying the Funds, analyzing said .account or yedfying bull coaspr'ling said assessments and bills, unless Lender pays Borrower interest on the Funds and ; applicable law permits bender to .make such .a charge. Borrower and Leader may agree in writing at the time of :execution -of this Mortgage that interest on the 'Funds shall be paid to Borrower, and unless such i agreement is made or applicable law requires ,such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the 'Funds showing credits and debits to the 'Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage, j If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of hues, :assessments, insurance premiums and ground rents, shall exceed the J amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall true, such excess shall be, at Borrower's option, either promptly repaid to ,Borrower or credited. to 'Borrower on monthly installments of Funds. If the amount of the Funds held by 'Lender shall not be sufficient to pay J taxes, assessments, insurance premiums and ; ground rents as they fall due, 'Borrower .shall pay to Lender ' any amount necessary to make up the deficiency in one or more payments as Lender may require. J Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to } .Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is ! Otherwise acquired by Lender, Lender shall: apply, no biter than immediately prior to the sale of the Property or its acquisition by Lender, any Funds :held by .Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments - Unless applicable law provides otherwise, all payments received by J 'Lender tinder the ;dote and paragraphs l and 2 hereof shall be applied by header first in ; payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, i and then to the principal of the Note. 4, Prior Mortgages and Devils of Trust; Charges; den's. Borrower shall perform ,ail of Borrower's � obligations under any mortgage, deed of trust or other security agreement with .a lien whiter has priority over - this - Mortgage; including Borrower's covenants to make payments when clue. Borrower shall .pay or � cause to be paid all tames, assessments and other charges, fines and impositions attributable to the Property f Which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. , 5. zard Insuran Borrower shall keep the improvements now existing or hereafter erected on Ha ce. the Property insured against loss by fire, hazards included within the term "extended coverage," and such a other hazards as Lende=r may require and in such amounts avid for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, provided, that such approval .shall not be unreasonably withheld. AM insurance policies and t � renewals thereof shall be in a farm acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lander. Lender shall have the right to hold the policies and renewals E 2004-561263 4 :-561263 31351 i <M- 76NiPA1 moo ro or 3 or s Patm 3839 1 i J i t t i j f � thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a Tien which leas lot7ority over this Mortgage. In the event of loss, 'Borrower sball give prompt notice to the insurance carrier and bender. !.=tier may matte 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 tire. date notice is rnai1W 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 L'ender's option ! either to .restoration or repair of the 'Property or to the sums secured by this Mortgage. Preservation and AUintenanre of Property; Leaseholds; Condominiums, Planned T:lnit Developments. Borrower shall keep the Property in goad :repair and shall not commit waste or perraait j impairment or deterioration of the Property and shall comply vAt'h the provisions of any lease if this Mortgage is on a leasehold. if this Mortgage is on a unit in a condominium or a planners unit devvelop=nt, Borrower shall perform all of Borrower's obligations 'under the declaration or covenants creating or i governing the condominium or planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents.. 7. protection or Lender's Security. if Borrower fails to perform the covenants and agreements contained to this Mortgage, or if any action or proceeding is commenced which materially affects Lender's i i 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 bender's interest. if Under required mortgage insurance as a condition of making the loan # secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effl= l until such time as the requirement for such insurance terminates in accordance with Borrower's a Lender's vt itteen agreement or applicable lave, + Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the .Note � ? rate,, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be paynhle 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. i :13. IM!"Pettion. Lender may matte or cause to be made .reasonable entries upon and inspections of the Property, provided that Lender shall give .Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property, I 9. Condemnation. `L'he proceeds of any award or claim far damages direct or consequential, in connection with any condemnation or other tang . of the Property, or part thereof, or for conveyance in _ lieu of cond=nnation, are hereby assigned and shall be paid to Lender, subject to the teams of any mortgage, steers of trust other security - ,agreement with alien which has priority over -this Mortgage. _ _.. _j i 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 tender to any j successor in interest of .Borrower shall not operate to release, in any mariner, the liability of the original .Borrower and Borrower's successors in interest- Lender shall not be required to commence proceedings ? against sucb sumessor or refuse to extend time for payment or otherwise modify amortization of the sums ' secured b this Mortgage ! y rtg � 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 lase, shall not be a waiver of or preclude the exercise of any such Tight. or tnedy. tot) # -56 253 � 561263 .3851 3 i 3�' tFb1L Ji , - jX>76N(PA) Mm71 POPS o of a trorrri H839 1 i i t i s I i 70F; 1 � { t } 1 { 11. Successors and Assigns Bound; Joint and Several Liability;. Co- signers. The covenants anti 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 lb Hereof.. All covenants and { agreements of Borrower shall be joint and several. Any Borrower who co - signs this Mortgage, but does not execute the :Note, (a) is co signing this Mortgage only to .mortgage, grant and. convey that Borrower's interest in the Property to Leader 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 outer Borrower hcretmder may agree to exterid, � modify, forbear, or make any other accommodations with regard to the 'terms of this Mortgage or the Nate { '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 requited 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 szzcia notice by certified mail addressed to Borrower at the Property Address or at such outer address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mall to Lender's address stated herein or to such other address as Leader may deli ; gn2te by notice to Borrower as provided herein. Any notice provided for in d& Mortgage shall be deemed to have been given to Borrower or Lender when given in the spanner designated herein. i 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the � laws of the jurisdiction in which the Property is located- The foregoing sentence shall mat 'limit the ,appticability of :federal law to this Mortgag;L 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 l the Note whicb can be given effect without the conflicting provision, anal to this end the provisions of this vlortgnSe 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. ld. Borrower's Copy. Borrower shall be furnished a conformed copy of the Mote and of tills Mort at the time of execution or alter recrirdabon hereof. i € 15. Rehabilitation Loan .Agreement. Borrower shall fulfill all of Borrower's obligations under any j home rebabilitation, lruprovemern, repair, or other loan agreement which Borrower enters into with j Lender. Leader, at L order'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 pames who supply labor, materials or services in connection with improvements .made to the Property. � 16. Transfer of the Woperty or n Benellcial lnterest in Borrower. If ail or any part of the Property � or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and f B.&hovver iB nflf'a natural Peiton) without .Lender's prior written eoasent, Lender may, at its option, rewire Immediate payment in full of all slims Secured by this Mortgage. However, this option shall not be t exercised by Lender it exercise is prohibited by federal law as of the date of this Mortgage, ! If Lender exercises this option, Lender shall give Borrower notice of atxeleratiop. The notice s hall ) s provide a period .of not less than 30 days from the date .the notice is delivered or mailed within which ] Borrower most pay all sums secured by this Mortgage, if Borrower 'fails to pay these .sums prior to the ' expiration of this period, Lender may invoke any reuxxiies permitted by this . Wrtgage without further notice or demand on ,Borrower_ , i 2004561253 4— .561263 3852 ! nein j t 76tdlPA3 rn2o2i . s c1 s l y Form 3839 � r i r i 8 10 UJ r I F 1 � 1 • � E 1 3 � 7 NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: i ! 17. Acceleration; remedies. Upon Borrower's :breath of any covenant or agreement of Borrower in this .Mortgage, including the covenants to pay wben due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifying, l 1 .among other things: (1) the breach; ('L) 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 moved; and (4) that failure to cure such breach on or before the date specked in the notice may result in acceleration of the sums secured'by this Mortgage, foreclosure by judicial proceeding, and sale of the ! Property. The notice shall further Inform Borrower of the right to reinstate .after acedertation and the i right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to accelerntib -arid foreclosdia. If khe'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 jndizial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreeiosare, including, but trot limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports. E IS. Borrower's Mgbt to Reinstnte. Notwitlrstanding l..ender's acceleration of the sums secured 'by this 'Mortgage due to :Borrower's breach, Borrower shall have the right to have any proceedings begun by ! i Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a .sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays s Lender all sums which would be then due under this Mortgage and the Note :bad no acceleration occur — e i; ! (b) Borrower cures all breacbes of any other rovenanis 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 retnedies as provided in paragraph 17 hereof, including, but trot limited to, reasonable attorneys' fees; and (d) Borrower takes snch action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's .interest in the i Property and ,Borrower's obligation to pay the aunts secured by this Mortgage shall Continue unimpair£d. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred: 19. Assignment of Rents; Appointment of Receiver; Lender In Possession. As additional security ,bcmunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, I ; prior to acceleration under paragraph 17 :hereof or abrndonment of the Property, .leave the right to collect .and retain such rents as they become due and payable. Upon ;acceleration under paragraph 17 hereof or abandonment of the Property, Lender, In person, by agent or by judicially appointed receiver shall be entitled to enter 'upon, take possession of t!nd manage the i Property and to collect the .rents of the Property including those .past due. Ail tents collected by Tender or the receiver shall be applied first to payment of the costs: of .management -of the Property and collection of rents, including, but not limited to, ictieWer's fees, premiums on receiver's bond and reasonable attorneys' i fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only i for those rents actually received. 20. Rrlearm Upon payanent of all sums secured by this Mortgage, Lender shall discharge this t Mortgage without charge to Borrower. Borrower shall pay all costa of recordation, if .any. 21, Interest Rate After Judgment, Borrower agrees -that the .interest rate payable after a judgment is i entered on the Nom or In an action of mortgage foreclosure shall be the rate stated. in the Note. 2004- 561263 4- 561263 3851 { i (4D-76N pap a of a Foun 3839 I x l i t 870IFI)3892 f t REQUEST FOR NOTICE OF DEFAULT t AND FORECLOSURE UNDER SUPERIOR { MORTGAGES OR DEEDS OF TRUST a Borrower and Lender zegmt the holder of any mortgage, deed of trust or other encumbrance with a lien which bus priority over this Mortgage to give Notice to Leader, at Leader's address set forth on page one of this Mort, of any default 'under the superior encumbrance and of any sale or other foreclosure action. IN VnI'I MESS'WIIERE0F, Borrower has ex=ted'this Mortgage. Witnesses: , (Seal 3 Simon El.lb rger _BOJTL)LVCr s i I Yilctiz lb�rg+ar .Borrower t s t (seal) (Seal) - Bormwcr �orxubver j . s I () (Seal) - �ot't3711'tr -Bt7rJ131VtJ t { F i () (Seal) t i Mtn Orl9bud Only) i t S . 2004- 561283 4- 561263 3851 � r s m 7GN (PA) tom Paso 3 nt a Form 3835 r s ' s i j � E 18� _ � 'Gk13a93 4 t i ! t i � t Certificate of Residence I,EQM'X ' TI mr^r. & CL0SnTG SERYTCES , do hereby certif that the correct address of the within -named Mortgagee is PA Box 2026, Flint, MI 48501 Witness my hand this 38th day of June 21004 i Ag m of Monpgw } i COMMONWEALTH Or PENNSn VANIA, Cumberland County ss: £ On this, the 38th day of June , 2001 , 'before one, the undersigned officer, j personal]y appeared si.mon Ellbrargar & Y'i.ldiz E3.]berger F 4 ]mown to me (or satisfactorily proven) to be the ' persons) whose name(s) isfare sibscribed to the within inst invent and aelmowledged tha he/she /th-cy execineti the same for the purposes herein contained. IN VnTNESS WHEREOF,1 hereunto set my hand and official seal. My Commission Expires: N©tAT M SEAL JAMES P. MLLOTT Gr!' , { Nolory Pty , I FMY � 'TWp,cUMKRIA,N0C0111tT3' Commission Expires Apt 21`, 2008 Title or Officer � E 2004 561.269•.'„ 4- 561253 3951 7BN ;PAl ro 2D7) %` page t ur a 4 f=arm 2839 t i i . � 1 1062 j I $ BrIarWLH7d COn2't , Camp Hill, .Pennsylvania 17011 °Yildiz,Ellberger t , , E)LHIBIT A 1 i i ALL THAT CERTAIN piece of land, situate, lying and being in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of a cul - desac with a radius of 50.00 feet which Is E located at the ssouffierly end of Briarwood Court, a 50.00 foot wide :right -of way, and Which said point of beginning is located at the easterly line of the aforesaid cul -de -sac and the dividing .line r between Lots Nos. 32 and 33 on,'the Plan of Lots known as Countryside, Section (A); thence, t ; from said point of beginning along the dividing line between Lots Nos. 32 and 33, .north 68 degrees 30 .minutes east, a distance of 93.82 feet to a point on the dividing line between Lots Nos. 24 and 33; thence from said point along the dividing line between hots Nos. 22, 23, 24 and 33, south 1.5 degrees 23 minutes east, a distance of 167"27 feet to a point on the dividing line i between Lots Nos. 33 and 118:; thence from said point along the dividing lime between Lots Nos. 33 and 118, south 76 degrees 29 minutes West, a distance of 52.03 feet to a point on the dividing = i line between Lots Nos. 33 and 34; thence from said point along the dividing lime between Lots { Nos. 33 and 34, north 46 degrees 35 minutes West, a distance of 175.66 feet to a poet on the i southeasterly 'lime of the aforesaid cul- de-sac; thence from said point along the aforesaid ' cul -de -sac on a curve to the left with a radius of 50.00: feet a distance of 56.65 feet to a point, - the point and place of BEGINNING. BEING Lot No. 33 on the Plan of Lots known as Countryside, Section (A), prepared by Charles W. l'unkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book "25 ", Page 6. ' - HAVING thereon erected a dwelling house known and nurnbered.as 8 Briarwood Court, Camp ' Hill, Pennsylvania. i For title reference see Deed dated .tune 30, 1980 and recorded Book ;Z28, Page 983 I t t t i J IIl. I1 J 11111 11 11 JII 1111 J 11 JIIlJIIII1JIi111JJ 111111 JllJlIIJIIIIIJII!lll�J�lI1011 l � JIlII U222 e2GMee MFRS MOR7GAGE 4 ( t LOANk 8458766 1 i x `•! 1 h , � tai tw t�: l- record 6 US ReeordierJS i :c. litl Ct?tttlty PA ; i t 4 i r ; i NOTE June 18, 2004 Camp Hill Pennsylvania Date a=rty Stare 8 Briarwood Ct Camp Hill, PA 17011 Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 60, 000.00 (this amount will be called "principal "), plus interest, to the order of the Lender. The Lender is Advanced Financial services, Inc. I understand that the Lender may transfer this Note, The Leader or anyone who takes this Note by transfer and who is entitled to receive payments under this Notewill be called the "Note Holder." 2. INTEREST I will pay interest at a yearly rate of 11.750 3a. interest will he charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S. $ 710.48 I will make my payments on the 23rd day of each month beginning on July 23 , 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If, on June 23, 2019 I still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly payments at 25 Enterprise Center, Newport, RI 02842 or at a different place if required by the Note Holder. 4, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge ;will be 5.000 % of my overdue payment, but not less than U.S. $ 35.52 and not more than U.S. $ 35.52 1 will pay this late charge only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment by the date stated in Section 3 above, I will be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so if I am in default at a later time. (C) Notice from Note Holder If I am in default, the Note Holder may send rue a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me. (D) Payment of Note Holder's Costs and ]Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 5. TELLS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated J=9 '18 2004 , protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. 2004- 561263 4- 561263 3851 PENNSYLVANIA - SECOND MORTGAGE - 1180 - FNMAIFHLMC UNIFORM INSTRUMENT Form 3939 Pa ce I of Z EXHIBIT - 75(pA) (02051.01 M FO Ot VMP MORTGAGE FO RMS - fa00t62 lnhlelr. s�'��� o i 6. BORROWER 8 PAYMENTS BEFORE TREY ARE DUE j gave the right to make payments of principal at any time beforh they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, l will tell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing io those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require the to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also, require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest "). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. These person: are known as "guarantors, sureties and endorsers." 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Note ice will be mailed to the Note Holder at a different address if I an%given a Holder at the address stated in Section 3 above. A not notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its ; rights under this Note against each of us individually or against a ll of us together. This means that any one of us may he required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. rn (Seal) (Seal) Simon Ellherger - Borrower r}iz 1be7Cge - :Borrower PAY TO THE ORnpP {Seal} JP MORGAN CIHA C,;E. tS eal) = Borrower - Borrower ResFdenhal Funding (Seal) . � . (Seal) Borrower - Borrower Pay to the order of ($) (Seal) _ ! ���illi�utrrccioar,;a a Borrower Ad v need f=inancial Scr Inc. 5 (� (Sign Original Only) 4 561263 3851 2004 561263 Vice i �csr cnt F=orm 3939 (M- 75(PAl to2C6102C61.01 o� PoaO z of z m 1044462 8 Briarwood Court Caron hill, Pennsylvania 17011 YildL Ellberger FUGMIT A A! 1 THAT CERTAIN piece of land, situate, lying and being is :Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the easterly line of a cal - do -sa_-c vrith a radius of 50.00 feet which is located at the :somberly end of Bri rwood Cow a 50.001'oot o de right -of -way, and wbicb said point of beginning is located at the easterly, line of tubs aforesaid cul -de -sac and the dividing lire between Lots Nos. 32 and 33 on the flan of Lots kno ni as Countryside;, Section (A); thence, from said point of beginning along the dividing line between Lets Nos. 32 and 33, .north 68 degrees 30 minutes cast; a distance of 93.82 feet to a point on the dividing line between Lots Nos: 24 acid 33; thence from said point along the dividing lire between Lots Nos. 22, 23,24 Emd. 33, south 15 degrees 23 minutes cast, a distance of 161,27 feet to a point on the dividing line between I is I os. 33 and 118 thence from :said po t" along the dividing line between Lots Nos. 33 and 118, south 75 degrees 29 mwutes West, a distance of 52.03 feet to a point on the dividing: line between Lots Nos. 33 and 34; thence from said point alodg the dividing lime between Lots Nos, 33 and 34, north 46 degrees 35 minutes Vilest, a distance of 125.66 feet to a pone on the soa- theasterly line of the aforesaid cul -de -sac; thence, from said point along the aforesaid . cul -de -sac on n curve to the left with a radios of 50.00 feet a distance o.',56.65 feet to a point, , the point and place ofBl;G1gNING. BEING Lot No, 33 an the Plan of Lots known as Countryside, Section (A.), prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Gffice of the Recorder of Deeds of Cumberland County on. April_ 11, 1974, in Plan. Book "25 ", Page o. HAVING thereon erected a dwelling bouse and numbered:as 8.Btiaxwood Court, Carnp IIili, Pennsylvania.. EXHIBIT Date: May 2, 2013 Simon Ellberger 8 Briarwood Court Camp Hill, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is Provided in the attached p ages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM EMAP) may be able to help save Your home. This notice explains how the Program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 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, representative 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 ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO EXHIBIT "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Simon Ellberger and Yildiz Ellberger PROPERTY ADDRESS: 8 Briarwood Court, Camp Hill, PA 17011 LOAN ACCT. NO.: 130350154 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for Advanced Financial Services, Inc. CURRENT LENDER/SERVICER: Partners for Payment Relief DE III, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVER YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND, *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOU 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 AGENCY- 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 have 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE T. (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: 8 Briarwood Court, Camp Hill, Pennsylvania 17011. 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: Payments of $710.48 from 2/13/07 to 4/13/13 $53,286.00 Late Charges and Other Charges $2,664.00 Total $55,950.00 TOTAL AMOUNT PAST DUE: . $55,950.00 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $55,950.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bx cash, cashier's check, certified check or money order made Dayable and sent to: Partners for Payment Relief DE III, LLC c/o KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 WISSAHICKON AVENUE P.O. BOX 1489 NORTH WALES, PA 19454 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri hts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due 1p us any late or other charges the 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 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. If money is due, such payment must be in cash, cashier's check., certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender Partners for Payment Relief DE III, LLC Address: Payments: 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073 Correspondence: 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073 Phone number: 888 - 879 -4997 EFFECT OF SHERIFF'S SALE You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. _TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. _TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) _TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, _TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. _TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). CERTIFIED MAIL RETURN RECEIPT REQUESTED FIRST CLASS MAIL r" f *CCCS of Western PA *CCCS of Delaware Valley d /b /a Clarifi - Media 55 Clover Hill Road 280 N Providence Rd Dallastown PA 17313 Media PA 19063 888.511.2227 / 888.511.2227 800.989.2227 / 215.563.5665 Community Action Commission - Capital Region 'CCCS of Delaware Valley d /b /a Clarifi - Philadelphia 1514 Derry St 4400 North Reese St Harrisburg PA 17104 Philadelphia PA 19140 717.232:9757 800.989.2227 / 215.563.5665 Harrisburg Fair Housing Council *CCCS of Delaware'Valley d /b /a Clarifi West Chester 2100 N 6th St 770 E Market St; STE 190 Harrisburg PA 17110 West Chester. PA 19382 717.238.9540 800.989.2227 / 215.563.5665 Housing & Redevelopment Authority - Cumberland Cnty *Credit Counseling Center 114 N Hanover St; STE 104 832 Second Street Pike Carlisle PA 17013 Richboro PA 18954 866.683.5907 / 717.249.0789 215.348.8003 Pathstone Corporation Pennsylvania *Credit Counseling Center 1625 North Second St 8150 Route 13 Harrisburg PA 17102 . Levittown PA 19057 717.234.6616 215.348.8003 Pennsylvania Interfaith Community Programs, Inc. Chester Community Improvement Project 40 E High St 412 Ave of the States Gettysburg PA 17325 Chester PA 19013 717.334.1518 610.876.8663 ` Dauphin County - Diversified Community Services @ Dixon House *CCCS of Western PA - Greater Harrisburg 1920 S 20th St 2000 Linglestown Rd; S 302 Philadelphia PA 19145 Harrisburg PA 17110 215.336.5505 888.511.2227 / 888.511.2227 Genesis Housing Corporation Community Action Commission - Capital Region 208 DeKalb St; #212 1514 Derry St. Norristown PA 19401 610.275.4357 Harrisburg PA 17104 717.232.9757 Intercultural Family Services, Inc. Harrisburg Fair Housing Council _ 4225 Chestnut St 2100 N 6th St Philadelphia PA 19104 215.386.1298 Harrisburg PA 17110 717.238.9540 Korean Community Development Services Center Pathstone Corporation Pennsylvania 6055 N 5th St 1625 North Second St Philadelphia PA 19120 215.276.8830' Harrisburg PA 17102 717.234.6616 Liberty Resources, Inc. 714 Market St DeiaWBt@ county Philadelphia PA 19106 *ACCT- American Credit Counseling Institute 215.634.2000 6800 Market St; 1st Floor Media Fellowship House, Inc. Upper Darby PA 19082 302 S Jackson St 888.212.6741 / 888.212.6741 Media PA 19063 *American Angel Housing Counseling -RHD 610.565.0434 1060 First Ave; STE 400 King of Prussia PA 19406 610.768.2611 NOTE: Many of the agencies offer workshops at various location sites; call to find a location near you. Report last updated: 5/1/2013 1:30:00 PM Page 6 of 16 - M r m ru ru tag I Certified Pee /- ,+� �,�` 1 � PostM rlc C3 I terk� Peipt Fee °i i PelUrn ec 1 f 1•u ; CD fEndorsementPequired) � Restricted D ell' erY,PCe (F..ndorsernentP �i.s va �_ fl_I Total Postage & ees - 11, 1 C, ru ._..[, Setif T ru �� Slreet Apt.lo.; 13 or PO Box No. �A ,Llt City Sfstn, ZIR . I ! I I Date: May 2, 2013 Yildiz Ellberger 8 Briarwood Court Camp Hill, PA 17011 ACT 91 NOTICE TAIK' ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help 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 30 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, representative 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 ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Simon Ellberger and Yildiz Ellberger PROPERTY ADDRESS: 8 Briarwood Court, Camp Hill, PA 17011 LOAN ACCT. NO.: 130350154 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for Advanced Financial Services, Inc. CURRENT LENDER/SERVICER: Partners for Payment Relief DE III, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVER YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND, *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOU 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 AGENCY- 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 have 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND. YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE T. (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: 8 Briarwood Court, Camp Hill, Pennsylvania 17011. 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: j Payments of $710.48 from 2/13/07 to 4/13/13 $53,286.00 Late Charges and Other Charges $2,664.00 Total $55,950.00 TOTAL AMOUNT PAST DUE: $55,950.00 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $55,950.00 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: Partners for Payment Relief DE III, LLC c/o KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 WISSAHICKON AVENUE P.O. BOX 1489 NORTH WALES, PA 19454 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rip_hts to accelerate the mortizage debt. This means that the entire outstanding balance of this debt will be considered due immediately -and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. r" RIGHT TO CURE THE DEFAULT PRIOR. TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 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. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender Partners for Payment Relief DE III, L LC Address: Payments: 3748 West Chester Pike Suite 103, Newtown Square, PA 19073 Correspondence: 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073 Phone number: 888 - 879 -4997 r EFFECT OF SHERIFF'S SALE You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. E i r YOU ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. _TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, _TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. _TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). CERTIFIED MAIL RETURN RECEIPT REQUESTED FIRST CLASS MAIL *CCCS of Western PA *CCCS of Delaware Valley d /b /a Clarifi - Media 55 Clover Hill Road 280 N Providence Rd Dallastown PA 17313 Media PA 19063 888.511.2227 / 888.511.2227 800.989.2227 / 215.563.5665 Community Action Commission - Capital Region *CCCS of Delaware Valley d /b /a Clarifi - Philadelphia 1514 Derry St 4400 North Reese St Harrisburg PA 17104 Philadelphia PA 19140 717.232.9757 800.989.2227 / 215.563.5665 Harrisburg Fair Housing Council *CCCS of Delaware Valley d /b /a Clarifi - West Chester 2100 N 6th St 770 E Market St; STE 190 Harrisburg PA 17110 West Chester PA 19382 717.238.9540 800.989.2227 / 215.563.5665 Housing & Redevelopment Authority - Cumberland Cnty *Credit Counseling Center 114 N Hanover St; STE 104 832 Second Street Pike Carlisle PA 17013 Richboro PA 18954 866.683.5907 / 717.249.0789 215.348.8003 Pathstone Corporation Pennsylvania *Credit Counseling Center 1625 North Second St 8150 Route 13 Harrisburg PA 17102 Levittown PA 19057 717.234.6616 215.348.8003 Pennsylvania Interfaith Community Programs, Inc. Chester Community Improvement Project 40 E High St 412 Ave of the States Gettysburg PA 17325 Chester PA 19013 717.334.1518 610.876.8663 Dauphin County Diversified Community Services @ Dixon House *CCCS of Western PA - Greater Harrisburg 1920 S 20th St 2000 Linglestown Rd; STE 302 Philadelphia PA 19145 215.336.5505 Harrisburg PA 17110 888.511.2227 / 888.511.2227 Genesis Housing Corporation Community Action Commission - Capital Region 208 DeKalb St; #212 Norristown PA 19401 1514 Derry St 610.275.4357 Harrisburg PA 17104 717.232.9757 Intercultural Family Services, Inc. Harrisburg Fair Housing Council 4225 Chestnut St Philadelphia PA 19104 2100 N 6th St 215.386.1298 Harrisbura PA 17110 717.238.9540 Korean Community Development Services Center Pathstone Corporation Pennsylvania 6055 N 5th St 1625 North Second St Philadelphia PA 19120 Harrisburg PA 17102 215.276.8830 717.234.6616 Liberty Resources, Inc. 714 Market St Delaware County Philadelphia PA 19106 *ACCT- American Credit Counseling Institute 215.634.2000 6800 Market St; 1st Floor Media Fellowship House, Inc. Upper Darby PA 19082 302 S Jackson St 888.212.6741 / 888.212.6741 Media PA 19063 *American Angel Housing Counseling -RHD 610.565.0434 1060 First Ave; STE 400 King of Prussia PA 19406. 610.768.2611 NOTE: Many of the agencies offer workshops at various location sites; call to find a location near you. Report last updated: 5/1/2013 1:30:00 PM Page 6 of 16 'e FU ru PosLta Certified O Return Receipt P @ �h�arl; L7 (Endorsement Requi I f re 3 Q Restricted Delivery (Endorsement RegnirU Total Postage &P� �'. iti ni ox No. C fty; Stele, ZIP - LLJ !1 -' uhr 1 ). i 06/24/2013 10:53 KERNS,PEARLSTINE,ONORATOMLADIK TAM 215 855 9521 P.0021009 FORM 1 Partners for Payment Relief DE III, LLC, ; IN THE COURT OF COMMON PLEAS OF cow CUMBERLAND COUNTY, PENNSYLVANIA � Plaintiff(s) r VS. Simon Ellberger and Yildiz Ellberger, _zz CD Defendant(s) ✓ `/� Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which Is the subject of this foreclosure action, you may be able to participate In a court - supervised conciliation conference In an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MldPenn 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 MldPenn 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, Y MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Anatc ly submitted: 6/24/13 Date f Counsel for Plaintiff STEPHEN bL HLADM ESQ. KERNS, PT AR1. S TTN$, ONORA,TO & ULA DTIC LLP 298 Wi.46l+h:ckon AVMUC 8 Notch W&ies, PA 1 9454.1489 4 06/24/2013 10:54 KERNS,PEARLSTINE,0N0RAT0 &HLADIK fAX)1 215 855 9521 P.0031009 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket k 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: CUSTOMERIPRIMARY APPLICATION Borrower name (s): Property Address: City: State: ZIP: is the property for sale? Yes ❑ No ❑ Listing date: Price: S 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? INF FINANCIAL 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: 0612412013 10:54 KERNS,PEARLSTINUNORATUHLADIK OW)1 215 855 9521 P.0041009 A=3 Amount Owed: Value: Home: $ S Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ 0th er: S $ Auto.m blle #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles. boats. motorcyclesl: 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 Expense : ( Please anly indude-esposes you are currently paylnal 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 Sup ort AIIm. Spending Mone Da /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes [] No ❑ If yes, please provide the following Information: Counseling Agency: Counselor: Phone (Office): Fax: Email: 06/24/2013 10:54 KERNS,PEARLSTINE,ONORATOULADIK TAM 215 855 9521 P.0051009 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: AUTHORIZATION 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 06/24/2013 10:54 KERNS,PEARLSTINE,ONORATOMADIK 0:41215 855 9521 P.0061009 FORM 3 Partners for Payment Relief DE III, IN THE COURT OF COMMON PLEAS OF LLC ; CUMBERLAND COUNTY, PENNSYLVANIA Plalntiff(s) vs. Simon Ellberger and Yildiz Ellberger Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative order dated _ _ 2022 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which Is the subject of this mortgage foreclosure action; 2. Defendant lives In the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date 06/24/2013 10:54 KERNS,PEARLSTINE,ONORATOMADIK TAM 215 855 9521 P.0071009 FORM 4 Partners for Payment Relief DE III, : IN THE COURT OF COMMON PLEAS OF LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Simon Ellberger and Ylldlz Ellberger Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plalntlff /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 06/24/2013 10:54 KERNS,PEARLSTINE,ONORATO &HLADIK (FAM 215 855 9521 P.0081009 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 plalntlff /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 plalntlff /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; 06/24/2013 10:54 KERNS,PEARLSTINE,ONORATONLADIK TAM 215 855 9521 P.0091009 entering Into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings In this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY ` Ronny R Anderson M C= mfr Sheriff Jody S Smith -< Co Chief Deputy T>c-, t Richard W Stewart *" C) ; Solicitors;-x >rrr t _�• ., Partners for Payment Relief DE 111, LLC Case Number vs. Simon Ellberger(et al.) 2013-3615 SHERIFF'S RETURN OF SERVICE 06/25/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 8 Briarwood Court, Hampden Township, Camp Hill, PA 17011.There are no Occupants other than the defendants. 06/25/2013 07:17 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Simon Ellberger, husband of defendant,who accepted as"Adult Person in Charge"for Yildiz Ellberger at 8 Briarwood Court, Hampden Township, Camp Hill, PA 17011. NOAH CLINE, DEPUTY 06/25/2013 07:18 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Simon Ellberger at 8 Briarwood Court, Hampden Township, Camp Hill, PA 17011. NOAH CLINE, DEPUTY SHERIFF COST: $76.95 SO ANSWERS, June 26, 2013 RON W R ANDERSON, SHERIFF ic}GnuntySulte Sheriff,Tdeosoft,Inc. HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M .HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 PARTNERS FOR PAYMENT RELIEF DE COURT OF COMMON PLEAS OF III, LLC, CUMBERLAND COUNTY, PA 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073, PLAINTIFF, V. NO: 13-3615 SIMON ELLBERGER and YILDIZ ELLBERGER, 8 Briarwood Court Camp Hill, PA 17011, `w DEFENDANTS. r P-1 PRAECIPE TO DISCONTINUE AND END `` TO THE PROTHONOTARY: Kindly mark this foreclosure action discontinued and ended. Respectfully su itt d, Date: "I V11 Stephen M. ��dik Ppire Attorney fo Plai i