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HomeMy WebLinkAbout13-3748 preme CouffHof Pennsylvania / Cour _bf,c6fii 10 e_pleas For Prothonotary Use Only: I Grvil %V Sheet �i (�T Docket No: Cum �erland" � County 3� - 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 pa et s as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons C_i Petition E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: Household Finance Consumer Discount Company Kelly Jones Sowers and Scott L. Sowers T Dollar Amount Requested: Owithin arbitration limits Y Are money damages requested? 0 Yes X No (check one) Ooutside arbitration limits O N Is this a Class Action Suit ? ] Yes El No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff/Appellant's Attorney: Christina C. Viola 0 Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. if you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle El Debt Collection: Other Board of Elections Nuisance Dept. of Transportation S 0 Premises Liability 0 Statutory Appeal: Other _, Product Liability (does not include E mass tort) Employment Dispute: Slander/Libel/ Defamation Discrimination 0 C 0 Other: Employment Dispute: Other 0 Zoning Board T 0 Other: I Other: O MASS TORT _l Asbestos N 0 Tobacco 3 Toxic Tort -DES Toxic Tort - Implant Toxic Waste REAL PROPERTY MISCELLANEOUS r] Other: 0 Ejectment Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto 0 Dental E] Partition Replevin 1:1 Legal E] Quiet Title it Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG, ESQUIRE (75736) KE VIN LESLIE Q J. RASE ESQuIR�( ) 58 CHRISTINA C. VIOLA ESQUIRE (308909) ! 'J' 28 �� STERN & EISENBERG, PC N 46 THE PAVILION CUMBER 261 OLD YORK ROAD, SUITE 410 �'ENIjSY�.D COUNTY JENKINTOWN, PENNSYLVANIA 19046 A NIA 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 J / Q Civil Action Number: � J `� U l v� v. Kelly Jones Sowers 309 Pine Road Mount Holly Springs, PA 17065 -1814 COMPLAINT IN MORTGAGE FORECLOSURE Scott L. Sowers 309 Pine Road Mount Holly Springs, PA 17065 -1814 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. a .� it 16 ? --% I I J PA Complaint 1 -A(CML Owner) 11Decl2Ver3.0 �*d9� �1 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. 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 PA Complaint 1 -A(CML Owner) I Mec1 W6.0 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company 2929 Walden Avenue Depew, NY 14043 Civil Action Number: V. Kelly Jones Sowers 309 Pine Road Mount Holly Springs, PA 17065 -1814 COMPLAINT IN MORTGAGE FORECLOSURE Scott L. Sowers 309 Pine Road Mount Holly Springs, PA 17065 -1814 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace personally or by attorney and filing in writing falta asentar una comparencia escrita o en with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus PA Complaint 1 -A(CML Owner) I IDec12Ver3.0 if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagar tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o Maine por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A 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(CNIL, Owner) I Mec1 W6.0 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(CNIL Owner) 1113ecMer3A STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EIS:ENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 J:ENKINTOWN, 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 CIVIL ACTION NUMBER: ✓' ? 7 2929 Walden Avenue Depew, NY 14043 COMPLAINT IN Plaintiff, MORTGAGE FORECLOSURE V. Kelly Jones Sowers 309 Pine Road Mount Holly Springs, PA 17065 -1814 Scott L. Sowers 309 Pine Road Mount Holly Springs, PA 17065 -1814 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. PA Complaint I -A (CML Owner) 11 DEC12ver3.0 1 2. The Defendant(s), KELLY JONES SOWERS AND SCOTT L. SOWERS ( "Mortgagor(s) ") are the real owner(s) of the mortgaged property hereinafter described. The last known address of Mortgagor(s) is 309 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065- 1814. 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 JUNE 4, 2008, in which KELLY JONES SOWERS AND SCOTT L. SOWERS promised to pay the sum of $155,983.35 ( "Loan "). 4. Attached hereto as Exhibit `B" is a copy of the mortgage ( "Mortgage "), dated JUNE 4, 2008 and bearing the names of Mortgagors, as the mortgagors, on real estate together with all improvements thereon, located at 309 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065 ( "Real Estate "). A true and accurate copy of said Mortgage is attached as Exhibit `B ". The Mortgage was duly recorded on JUNE 9, 2008, as Instrument Number 200819196, 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 the Notice of Intention to Foreclose 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 ( "Notice ") on the date set forth in the Notice. A true and accurate copy of the Notice is attached as Exhibit PA Complaint 1 -A (CML Owner) 11 DEC I2ver3.0 2 "D ". A Notice of the Homeowner's Emergency Assistance Program was not mailed to the Mortgagor(s) because Act 91 was suspended during this period in time. 8. As of MAY 30, 2013 there is due and owing amounts secured by the Mortgage in the sum of $188,741.03 which amount due includes the following: Principal Balance: $147,959.99 Interest through MAY 30, 2013 at the Current Rate of 10.88000%: $37,700.29 Advances for Taxes: $2,527.75 Advances for Hazard Insurance: $1,053.00 Advances for Private Mortgage Insurance: $0.00 Total: $189,241.03 Less Suspense Balance or Escrow surplus, if any: $500.00 Less Restricted Escrow Balance, if any: $0.00 Total Amount Due or Owed: $188,741.03 The per diem interest due from MAY 31, 2013 is $44.1042. 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 those fees, but that decision does not indicate that such fees were not properly due and owing at the time of any prior communications to the borrower(s) on the Note. PA Complaint 1 -A (CML Owner) 11DEC12ver3.0 3 WHEREFORE, Plaintiff demands in rem judgment against the Defendant in the sum of $188,741.03, together with the current interest at the rate of 10.88000% and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. By: STER & EISENBERG, PC STEVEN K. EISENBERG, IRE KEVIN P. DISKIN, ESQU E JACQUELINE F. MCNALLY, ESQUIRE LESLIE J. RASE, ESQUIRE LEN M. GARZA, ESQUIRE CHRISTINA C. VIOLA, ESQUIRE Attorneys For Plaintiff grew J. I -1 a , � ,- l - VERIFICATION I am a VP and Asst Sec of the Administrative Services Division of the Plaintiff and do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and the facts set forth in paragraphs 1 through 8 of the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties relating to unsworn falsification to authorities. By: Signature P Printed Name of Signatory On behalf of Household Finance Consumer Discount Company VP and Asst. Sec, AdminServ.Div Its: Signatory's Title PA Complaint I -A (CML Owner) I1DEC12ver3.0 4 LOAN AGREEMENT Including Truth4n- Lending Disclosure Lender: (Called "We ", "Us ", "Our") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUARE/SUITE 107 MECHANICSBURG, PA 17055 Borrowers: (Called "You ", "Your ") KELLY JONES SOWERS SCOTT L. SOWERS 309 PINE ROAD MT HOLLY SPRI, PA 17065 Date of Loan: 06/0412008 Loan Number: 713303 -00- 136223 In this agreement, "you ", "your" mean the Borrowers) who signs this agreement. "We ", "us" and 'bur" refer to the Lender. This agreement covers the terms and conditions of your loan. It is important to us that you clearly understand the features of your loan. Please read this agreement carefully, and ask us any questions you may have. Truth -in- Lending Disclosure ANNUAL FINANCE CHARGE Amount Financed Total of Payments PERCENTAGE RATE The dollar amount The amount of The amount you will The cost of your credit the credit will cost credit provided to have paid after you have as a yearly rate. you. you or on your made all payments as behalf. scheduled. 11.601% $306,590,821 $147,999.18 $454,590.00 Your payment schedule will be: Number of Payments Amount of When Payments are Due Payments 1 $1,515.30 07/0412008 299 $1,515.30 Day 04 of each month thereafter. 06/0412008 14:08 Page 1 of 6 0315LE18 IiIIUIIIIIUIIIIIIII�lllll�l {�I{(II EX"" SA5AC22FBO.07 - OWERS ^ ORIGINAL 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: 309 PINE ROAD MT HOLLY SPRI, PA 17065 Late Charge If your monthly installment is not paid in full within 10 day(s) after it is due, you will be charged a late charge equal to 5% of the full amount of the monthly installment. Prepayment You may prepay your loan in full or in part at any time. If you pay off your loan early, you may have to pay a penalty and you will not be entitled to a refund of that part of the Finance Charge consisting of any prepaid finance charges. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. The Settlement Statement provides your disbursements and the Itemization of the Amount Financed. I ABOUT THE SECURITY: Your Obligation to Insure You shall keep the structures located on the real property securing your loan insured against damage caused by fire and other physical hazards, name us as a loss payee and deliver to us a loss payable ' endorsement. If insurance covering the real property is canceled or expires while your loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below. Real Property Taxes and Homeowners Insurance covering fire and other hazards on the real Homeowners Insurance property security is required, naming us as a loss payee for the term of your loan. You shall pay us on the day that monthly installments are due under this agreement, an additional sum (the "Funds ") to be used to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the real property; (b) leasehold payments or ground rents on the real property, if any; (c) premiums for any and all insurance required by us under this agreement and the Mortgage ( "Escrow Items "). You will pay us the Funds for Escrow Items unless we waive your obligation to pay the Funds for any or all Escrow Items. We may waive your obligation to pay us Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, you will be solely responsible for paying the amounts due for any Escrow Items directly and, if we require, you shall furnish us with receipts 06104/2008 14:08 Page 2 of 6 0315LE18 11IIII�1111111111111111111111111�fIIIINIIiIII��iIl�alll�llll�1111�{ IIIIIIIII�II�II�III81����III�QU� , SASAC22FBQ - 97 - CET - 8 .000 - 0315LE - Z - 2 - 0 " SOWERS A ORIGINAL 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 06/04/2033 PREPAID FINANCE CHARGES $7,984.17 MONTHS OF CONTRACT 300 PRINCIPAL $155,983.35 CONTRACT RATE (per year) 10.880% JOINT CREDIT DISABILITY $208.46 AMOUNT FINANCED $147,999.18 JOINT CREDIT LIFE $168.75 06/04/2008 14:08 Page 3 of 6 0315LE18 Illllllllllllllf�l{ Ill�l@ IIIII�IIIIII�I�I�I�IIIII��IIIII�fIf1�111111111111111111111111�IIIIIIIIIIIUI� 11/1//1/ ' SA5AC22FBQ - 97 - CET - 8 - 000 - 031 5LE - Z - 3 - 0 " SOWERS ^ ORIGINAL 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 10.880% (the "Contract Rate "). You agree to pay us in monthly installments as stated in the Payments provision of this agreement. You also agree to pay us: (a) other charges as provided in this agreement; (b) credit insurance charges, if any; (c) collection costs permitted by applicable law, including reasonable attorneys' fees otherwise due under your Mortgage and (d) any other charges reflected in your settlement statement. Interest Interest will be charged on the unpaid principal until the full amount of principal has been paid. You will pay us interest at a yearly Contract Rate of 10.880 %. i 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 07/04/2008. 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, 08104/2033, 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 billing statement or at a different place that we may give you. Amount of Monthly Installments Your monthly installments will be in the amount of $1,515.30, 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, 06104/2008, you agree to pay a prepayment penalty equal to 6 months interest calculated at the Contract Rate in effect at 06/04/2008 14:08 Page 4 of 6 0315LE18 IIIIIIIO�III�I�����l��lllf�l�llllllllalllllll� ®q�l�tRl�q���lglfl�lfll�lllfll • SA5AC22FBO - 97 - CET - 8 - 000 - 031 5LE - 2 - 4 - 0 - SOWERS ^ ORIGINAL the time of prepayment on the unpaid principal balance. No prepayment penalty will be imposed: (a) if your loan is refinanced by another loan with us; (b) after 24 months; (c) if your loan is prepaid from the proceeds of any insurance; or (d) if we sue you. Late Charge If your monthly installment is not paid in full within 10 day(s) after it is due, you will be charged a late charge equal to 5% of the full amount of the monthly installment. Bad Check Charge You agree to pay $20.00 each time any check or payment is made on your loan by any means, including but not limited to, a check or ACH (our Authorization to Debit Account), which is returned unpaid by your bank or other financial institution for any reason. 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 i 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. 06/04/2008 14:08 Page 5 of 6 0315LE18 IulU1�������Ul���i1������11II��IIIIII1lI1IWI�U Jt����� • SA5AC22FBO - 97 - CET - 8 - 000 - 0315LE - Z - 5 - 0 •• SOWERS ^ ORIGINAL Insurance Credit insurance is optional. Any applicable insurance disclosures are included with this agreement and are incorporated herein by this reference. Alternative Dispute The terms of the Arbitration Rider signed by you as part of your loan Resolution transaction are incorporated herein by this reference. Applicable Law If you do not pay the full amount of an installment when it is due, and we intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30, 1974, which is known as Act No. 6, and the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act No. 91 of 1983). If this loan is a first mortgage, it is a federally related loan made at an agreed rate authorized by Section 501(a), Part A, Title V, Public Law 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 terns 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: �a ��'� -�� Date: 61 KELLY-JONE �0 OWERS ��,�,, Borrower: i f&� Date: 4� O OTT L. SOWS Witness: 06/04/2008 14:08 Page 6 of 6 0315LE18 SA5AC22FBQ - 97 - CET - 8 - 000 - 0315LE - Z - 0 - 0 " SOWERS ^ ORIGINAL (Page 1 of 11) This instrument was prepared by: 25 St �iF3�a 107 �'C9ff�Ttt1�° [8#3 JUN 6 p�'9 �z: 06 . U P 971 ()$ J.ir t v �'t1 L• Return To: Address RECEIVED Records Processing Services CPUE '34 577 Lamont Road Elmhurst,IL 60126 (800) 547 UPI # 40 -30 -2642 -019 j 7133 MORTGAGE F IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN -END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day, 4TH of JUNE 20 , between the Mortgagor, SCOTT L. SOWERS AND KELLY JONES SOWERS, HUSBAND AND WIFE herein "Borrower") and Mortgagee HOUSEHOLD F I NANCE CONSUMER D I SCOUNT COMPANY a corporation organized and exlshng under the laws of PENNSYLVANIA , whose address is 25 GATEWAY DRIVE, GATEWAY SQUARE /SUITE 107, MECHANICSBURG, PA 17055 herein "Lender"). The following paragraph preceded by a checked box is applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of $ - I55- evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated JUNE 4 2DOR 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 �jUNF 4, 90ag ; 0 WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ ; TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: SEE EXHIBIT A -LEGAL DESCRIPTION 111111111111111111111 IIIII X111 �i 1111 illlll IIII Illy 111 IIIII IIII III 1111 III Il11 �l IIIII Hill I1111111 Ill IIII 111111111111111111111111111111111M kSA5AC22FB097MTG0000PA0013010XXSOWERS x ORIGINAL 11 -i1 -05 MTG PA001301 EXHIBIT t . ` r -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow 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 describod in this Section 2 or as may be required by the Note andlor 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 7 11 -11 -05 MTG PA001302 111111111111 1[IIIIII011[ 111111 [�IIIII[11811111[IIII�IIIIII[II flllilill�llll [11111 @1111111111 IN IN IN1111111111M HIM 11[[1 * SASAC22FBQ97MTG8000PA0013020 **SGWERS * ORIGINAL (TT 90 Z ab (Page 3 of 11) 9 EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF SOUTH MIDDLETON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 07/01/2005 AND RECORDED 07/22/2005, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 270 AND PAGE 70, TAX MAP OR PARCEL 1D NO,; 40 -30- 2642 -019 i I I :i I11111111 IlIIIIIX111111111I III! IID[ Ililllll��II[ II1 1111111 IN 111111111 INII[1IN III mil I NSASAC22FBQ97MTG6000PA0Q13000�S0 'BERS ORIOINAL (Page 4 of 11) -3- i 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 i under the Note shall not extend or postpone the due date, or change the amount, of the Periodic i 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 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) PA001303 11 -11 -05 MTG IIII Ili Ill IIII Ills X111 �I 1111 1 1111 IIII 01� III IIIII 1111111 �](� Illl 01111111111111a1ilCI 111111 oil IIII 11111 1111111111 XSA5AC22FBO97MTG900oPA00130309XSOWERS ORIGINAL -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 1111111111 IN 11111111111111111111111111111111111 IN 11111111111111 IN 11 1111111111111111111111111 IN 11111111111111 IN 1111111111111 IN * SASAC22F809 7MTG8000PA0013040XXSOWERS X ORIGINAL I (TT 3 5 Bb= (Page 6 of 11) t � i - governing the condominium or planned unit development, the by and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is com menced 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 i Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the I ! Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority aver 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 ri ght or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and 'i agreements of Borrower shall be joint and several. Any Borrower who co this Mortgage, but does not execute the Note, (a) is co this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's 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; S everability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the 1- 0sdictio llllllll which l�llliln 111 IIIIIiI l IIiIIIIiIIIIIIIIII IIII IIIIiIIIIIII�fII shall I II a pp licab i lity 17 -11-05 MTG xSA5AC22PBO37MTGa000PA0013050xxSOWERS ORIGINAL -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 I 11 -11 -05 MTG PA001306 I I II�III IiI III 111111 IIIII III IIIU 111111 lfal loll l� �� 11111111911 IN 111111111111111111111111111111111111111111111111111111 XSASAC22FR04 7MT08000PA001306OXNSOWERS x ORIGINAL I i (TT 30 L ab (Page 8 of 11) r � 1 -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. j 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 mTr, IIIIII111 III IN1111111111111111 Hill 11111111111111111IN 111111111111111IN11111 1IIIIQI111111IN1111111111 oil 1111 Hill III111IIla11 PA001307 xSA5AC22FB097MTG8000PA00130 70xxS0'BERS x ORIGINAL t -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. r Q C brc tt L S - ers rrower Kel y JOn Sowers - Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: 25 Gateway Dr, Suite 107, Mechanicsburg, PA 17050 On behalf of the Lender. By: Ryan Russell Title: Manager COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: 1, Lisa A Seay a Notary Public in and for said county and state, do hereby certify that Scott L Sowers and Kelly Jones Sowers, 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 y signed and delivered the said instrument as their free voluntary act, for tfie uses and purposes therein set forth. Given under my hand and official seal, this 4th day of June , 20 08 COMM NWEALTH OF PENNS) I..VANIA My Commission expi es: ASntotarypvhl(c y Pu CltYOfWnfsbuv, Da Din County Mh+C04mFsSW titres My 24, 2011 Membar, Pennaylvsnlr A atbolt of NntaAea COMMONWEALTH OF PENNSYLiIA, 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 tlxat he signed and delivered the said instrument as free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this day of 1 20 My Commission expires: Notary Public i PA001308 I 11-11-06 MTG Illllllllllllilllllllllllllllallll lllllllllllllllmllllf 1111111111111111111111IN1Q11111111111111111IN11111111111111111111111111111111 xSASAC22FOO97MTG8000PA0013080xxSOWERS " ORIGINAL (TT 30 6 eb= (Page 10 of 11) r -9- (Space Below This Line Reserved For Lender and Recorder) i 11 -11 -05 MTG PA001309 I Illlllll 1191111 IIIIII Illll I� Illq IIII 11111 IIIII III IIII IIIII I IIII1 III IIII IIII ICI lil I I�I111 ail IIII 11111 IIIII IIII III 11111 lilllll II III xSASAC22FBO97MT000DOPA00 73090xxSOWERS " ORIGINAL (Page 11 of 11) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY rp • 1 COURTHOUSE SQUARE CARLISLE, PA 17013 _- 717- 240 -6370 at Instrument Number - 200819196 Recorded On 6/9/2008 At 12:49:37 PM *Total Pages -11 * Instrument Type - MORTGAGE Invoice Number - 22586 User ID - rM * Mortgagor - SOWERS, SCOTT L * Mortgagee - HOUSEHOLD FINANCE CONS DISC CO * Customer - RECORDS ADMINISTRATION * 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 This page is now part AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 of this Iegal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumbarlaiad County PA � eWyQ� ,O ` RECORDER O D EDS rrso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 000so" Illllllllil�lllill>II ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Pine Road, being the northwestern corner of lands now or formerly of John McCoy and W. K. Peffer; thence by land, South 216 feet to a stake at lands now or formerly of Lester Dum; thence by the said land East 100 feet to a stake at land now or formerly of John McCoy and W. K. Peffer; thence by the said land, North 216 feet to a point in the Pine Road; thence along the line of that road West 100 feet to the Place of BEGINNING. UNDER and SUBJECT to restrictions and conditions as now appear of record. BEING the same premises which Kelly J. Jones n/k/a Kelly Jones Sowers joined by Scott L. Sowers her husband by Deed dated July 1, 2005 and recorded July 22, 2005 in Deed Book 270 Page 70 granted and conveyed unto Scott L. Sowers and Kelly Jones Sowers, husband and wife, in fee. EXHIBIT STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: May 23, 2012 Kelly Jones Sowers 309 Pine Road Mount Holly Springs, PA 17065 -1814 Property (if different than mailing address — notice also sent to property): 309 Pine Road Mount Holly Springs, PA 17065 -1814 NOTICE. OF INTENTION TO FORECLOSE MORTGAGE (ACT 6 NOTICE) The MORTGAGE held by Household Finance Consumer Discount Company (hereinafter we, us or ours) on your property located at 309 Pine Road, Mount Holly Springs, PA. IS iN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from May 9, 2011 through and including May 23, 2012 as follows: Payments of $1,670.89 due on 05/09/2011 through and including 05/23/2012, in the amount of ................. ............................... .....................$20,050.68 Other charges (explain/itemize): Late charges: ........................................................................... $75.76 TOTAL AMOUNT PAST DUE: .................................................... $20,126.44 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $20,126.44. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $20,126.44, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at• E HIBIT Household Finance Consumer Discount Company Make sure your account number - 0018130112 is on your payment If y ou do not cure tlii de lilt wit hiii TiiiRTi (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the. Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you: will have -to pay the reasonably attorney's fees even -if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and, if applicable, perform any other requirements under the mortgage also in default. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately four to six months from the initiation of a foreclosure action; however, the time to foreclose in each county is different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default, including fees and costs, will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (866) 824 -0824. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You may also call us at the above number to see if there are other arrangements that may be available. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in the mortgaged property. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. _ .. -Sincerely,..... STERNA EISENBERG, PC BY: de- ar en erg, Pursuant to notice published by the PHFA at 41 Pa.B. 2789 in accordance with 35 P.S. 1680.409c of the Act (35 P.S. 1680.101, et. seq., also known as Act 91), effective August 27, 2011 and until further notice of the PHFA, mortgagees may take legal action to enforce a mortgage without any further restriction or requirement of Act 91. Regardless of whether or not your mortgage loan is subject to the notice requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant to the terms of your mortgage obligation. The dollar amount of mortgages covered by Act 6 may be found in the Pennsylvania Bulletin. VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A.DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: May 23, 2012 Scott L. Sowers 309 Pine Road Mount Holly Springs, PA 17065 -1814 Property (if different than mailing address — notice also sent to property): 309 Pine Road Mount Holly Springs, PA 17065 -1814 NOTICE OF INTENTION. TO FORECLOSE MORTGAGE (ACT 6 NOTICE) The MORTGAGE held by Household Finance Consumer Discount Company (hereinafter we, us or ours) on your property located at 309 Pine Road, Mount Holly Springs, PA. IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from May 9, 2011 through and including May 23, 2012 as follows: Payments of $1,670.89 due on 05/09/2011 through and including 05/23/2012, inthe amount of ................. ............................... .....................$20,050.68 Other charges (explain/itemize): Latecharges: .......................................................................... $75.76 TOTAL AMOUNT PAST DUE: .................................................... $20,126.44 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $20,126.44. You may cure this default within THIRTY (3 0) DAYS of the date of this letter, by paying to us the above amount of $20,126.44, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Household Finance Consumer Discount Company Make sure your account number - 0018130112 is on your payment if you do not cure 'the default within THIRTY (3 0' DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale anti, ifapplicable, perform any other requirements under the mortgage also in default. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately four to six months from the initiation of a foreclosure action; however, the time to foreclose in each county is different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default, including fees and costs, will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (866).824-0824. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You may also call us at the above number to see if there are other arrangements that may be available. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in the mortgaged property. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, STE SENBERG, PC By- tern & Eisenberg, PC Pursuant to notice published by the PHFA at 41 Pa.B. 2789 in accordance with 35 P.S. 1680.4090 of the Act (35 P.S. 1680.101, et. seq., also known as Act 91), effective August 27, 2011 and until further notice of the PHFA, mortgagees may take legal action to enforce a mortgage without any further restriction or requirement of Act 91. Regardless of whether or not your mortgage loan is subject to the notice requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant to the terms of your mortgage obligation. The dollar amount of mortgages covered by Act 6 may be found in the Pennsylvania Bulletin. VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE __CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT ..,.. , .. , OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. Po stal •. st - al Service- CERTIFIED MAIL R ECEIPT CERTIFIED MAILT. RECEI (Domestic Mail Only . •. C3 (Domestic Mail Only, No Insurance Coverage Provided) _n rU nj • t� 3 R M r� F I A d U.S E 7 y 3 �sbGE ,a M 1 M Postage f I Postage $ Certified Fee .w _a rq rq �• Certified Fee J/ Return Receipt Fee rosfmark ' M FQtmark M (Endorsement Required) d' Here Return Receipt Fee 'h . 1:3 ( . (Endorsement Required) Here Restricted Delivery Fee �,\•,� t — C3 (Endorsement Required) Restricted Delivery Fee �� • (� ~ ------ (Endorsement Required) + h % t•` Total Postage & Fees 0 Total Postage & Fees ~ �' to `, Sent To — a� L . So1NC 1 ' S Sent To °•• °--..._ rU rq p Street, Apt. No.; C - 4- - IL J W �2.. lti or PO Box NO. n e- M Street, Apt No.; �d -- --- ----- --- - -- r- or PO Box No. ©g �/� n (J7 t City, State, Z +4 ---------- - - - - -- -- - - - - -- - ------------------------------------------- 6UDI t D/l �Q's� City, State.Z/P +4 N►oanf f col) Sri 5 �� 17e S- Ipq PS Form 3800, August 2006 See Reverse for PS Form :11 August 200 0 o N T 3 Q U.S. POSTAGE>> PITNEY BOWES a t xi� 02 1V4046 $ 001.15 $ $ i 0001371685MAY. 24. 2012 °o C AR � � 1 D irj _ er` Y z a b c o - % W -� � E o 0 � VA 1. e�`+v1 O � i s L� t � � W O E /. O 3 _ 5 1 7• 2 W m o ZLOZ bZ AVIAIGHLL£L000 1 p N ML ZO p y j tl7 Q 0s; � ` o $ 911706 L dIZ 2 r 1 } a Co 1 +. � E co S3M08 A3N11d e� 3Ob',1SOd S (� .... ; �€ i FORM 1 Household Finance Consumer Discount : IN THE COURT OF COMMON PLEAS OF Company CUMBERLAND COUNTY, PENNSYLVANIA Z Plaintiff(s) OD Ca y C) Kelly Jones Sowers and Scott L. Sowers C:) Defendant(s) Civil ' NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PRO MIS F EE. Res ect ly ub itte I � a�wa�13 � Date Signa o r la iff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: APPLICATI cusroMERIPRIMARY 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? CO 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 N Child Support/Alim. Spending Money Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: 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. Kelly Jones Sowers and Scott L. Snwr� 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 Signature of Defendant Date Signature of Defendant Date FORM 4 Household Finance Consumer : IN THE COURT OF COMMON PLEAS OF Discount Company : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Kelly Jones Sowers and Scott L. Sowers o Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. if the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff E~ILED-CI FWE Jody S Smith Chief Deputy rf 2013 JUL 18 AM 10: 00 Richard W Stewart ` Solicitor OF irXOFTkESNERIFF CUMBERLAND COUKFY PENNSYLVANIA Household Finance Consumer Discount Company Case Number V& 2013-3748 Kelly Jones Sowers(et al.) SHERIFF'S RETURN OF SERVICE 07/08/2013 08:06 PM-Deputy Jason Kinsler, 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: Kelly Jones Sowers at 309 Pine Road, South Middleton, Mt. Holly Springs, PA 17065. L--171V I--'_-- JAtON KINSLER, DEPUTY 07/12/2013 03:34 PM - Deputy Jason Kinsler, 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: Scott Sowers at 327 Wolfs Bridge Rd, Middlesex Twp.,Carlisle, PA 17013. J SON KINSLER, DEPUTY SHERIFF COST: $58.69 SO ANSWERS, July 15, 2013 RbNW R ANDERSON, SHERIFF (a)Countysuite Sheriff.Teieosoft,Inc. FORM 3 Household Finance Consumer IN THE COURT OF COMMON PLEAS OF CJ Discount Company CUMBERLAND COUNTY,PENNSYLVANIA C--- VS. CJ Kelly Jones Sowers and Scott L. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cu mberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as 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 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 LegiL�greLratfive Signa4re of Defe4ant DaTte - Signature of Defendant Date HOUSEHOLD FINANCE IN THE COURT OF COMMON PLEAS OF CONSUMER DISCOUNT CO., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION rnt" NO. 13-3748 CIVIL !01rn KELLY JONES SOWERS AND SCOTT L. SOWERS, Defendants CASE MANAGEMENT ORDER PQ AND NOW, this A d day of August, 2013, the parties having agreed to 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 CA1,42 /_/� 013 , at M,'00 m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (2 1) days prior to the date of the Conciliation Conference,the defendantiborrower 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 defendantiborrower's failure to serve the completed Form 2 within 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 defendantiborrower 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, Kevin/A) Hess, P.J. /Andrew Marley,Esquire 1617 JFK Boulevard, Suite 1400 1 Penn Central Plaza Philadelphia, PA 19103 For the Plaintiff /John Frommer, Esquire 2080 Linglestown Road, Suite 103 'J Harrisburg, PA 17110 For the Defendants :rlm HOUSEHOLD FINANCE : IN THE COURT OF COMMON PLEAS OF CONSUMER DISCOUNT CO., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION : NO. 13-3748 CIVIL KELLY JONES SOWERS AND SCOTT L. SOWERS, • Defendants • IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this ,'/" day of October, 2013, following conciliation conference, this case is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the stay entered in this case is LIFTED. BY THE COURT, - /144. Kevin • .Hess, P. J. athan Wolf, Esquire 10 W. High Street Carlisle, PA 17013 For the Plaintiff ohn Frommer, Esquire 2080 Linglestown Road, Suite 103 ==y Harrisburg, PA 17110 -� For the Defendants a CJ: revs :rlm r--. CAD t S Pa.!: 3>�. 7 /01//// Z STEVEN K.EISENBERG,ESQUIRE(75736) :ii) M.TROY FREEDMAN,ESQUIRE(85165) I P tI NOT i C LESLIE J.RASE,ESQUIRE(58365) !3 OCT 2 3 1 '1 f CJ CHRISTINA C.VIOLA,ESQUIRE(308909) ) I t 9 ANDREW J.MARLEY(312314) ` Ji. t3ERLANO COUNTY STERN&EISENBERG,PC PENNSYLVANIA 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 Number: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers MORTGAGE FORECLOSURE Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendants, Kelly Jones Sowers and Scott L. Sowers, for failure of said Defendants to file a responsive pleading to the Complaint within twenty(20) days of service thereof. PRINCIPAL BALANCE $147,959.99 INTEREST accrued thru 05/30/2013 of $37,700.29 Interest after 05/30/2013 shall accrue at the per diem rate of$44.10 ADVANCES FOR TAXES $2,527.75 ADVANCES FOR HAZARD INSURANCE $1,053.00 LESS SUSPENSE (If any) ($500.00) Sub-Total Through Date of Complaint $188,741.03 WA -6( �aa�a�a �I�T.�A ■II III 'Y ACCRUED INTEREST after 05/30/2013 shall accrue at the per diem rate of$44.10 to October 21, 2013 $6,350.40 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT $195,091.43 STERN &EISENBERG, PC BY: ` f ❑ ' i . "ISENBERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LIE J. RASE, ESQUIRE 'CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff 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: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers MORTGAGE FORECLOSURE Defendant(s) 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 309 Pine Road Mount Holly Springs,PA 17065-1814 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. S :; :IS:1 • ,PC PENNSYLVANIA COMMONWEALTH OF R SEAL BY: DIANE J.TURANO,Nobly Pubr�c ❑ wElli ► Ner G,ESQUIRE WaRin9t�Tye gu�CS County ❑ M.TROY FREEDMAN,ESQUIRE Q My Commission E rtes October 31,2014 ❑ JACQUELINE F.McNALLY,ESQUIRE ❑ LESLIE J.RASE,ESQUIRE CHRISTINA C.VIOLA,ESQUIRE ❑ ANDREW J.MARLEY,ESQUIRE Attorney for Plaintiff s` vorn to and subscribed efore me this 1.9-w Day of ©C.T ,20(3 Notary Public Results as of:Oct-21-2013 11:17:23 Department of Defense Manpower Data Center SCRA 3.0 y —�ad 4f if S tat s Report `f 1 s fi F;= Pursuant to Service embers Civil Relief Act Last Name: SOWERS First Name: KELLY Middle Name: Active Duty Status As Of: Oct-21-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No' NA This response reflects the individuals'active 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 No 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 NA No 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. )11124Pat Yhm d aldt.,/,‘„„,„,* Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Results as of:Oct-21-2013 11:18:05 Department of Defense Manpower Data Center SCRA 3.0 . .,1 d 1 tai '* r'r Status Report e\ o • tl + Pursuant to Ser ieemembe s Civil Relief Act ,rt lel�v Last Name: SOWERS First Name: SCOTT Middle Name: Active Duty Status As Of: Oct-21-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active 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 - No 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 NA No 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: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers 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. ST" ' .- .NB G, PC BY: ❑ S i 1 ''.4 S NBERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ JESLIE J. RASE, ESQUIRE �f CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEEN&EISENBERG PC THE SHOPS AT VALLEY SQUARE 1581 MAIN STREET,SurrE WARRINGTON,PA 8976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Household Finance Consumer Discount Company (Plaintiff) Docket#: 13-3748 Civil v. Kelly Jones Sowers TEN DAY NOTICE Seottl,. Sowers (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.I TO: Scott L. Sowers Kelly Jones Sowers 327 Wolfs Bridge Road 309 Pine Road Middlesex Towsnship Mount Holly Springs, PA 17065-1814 Carlisle,PA 17013 Date of Notice: Tuesday,August 13,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT .RIGHTS. YOU SHOULD TAKE THIS NOTICE 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 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 ?STERN it EiStNBERG,PC By: 4 7, Atonei. orl1Taihljff DStephanie L\Ten Days\HSBC_Sowers.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: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers 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. S 1.9 i ' EN ERG, PC BY: ❑ ""i N . EISENSERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ ;ESLIE J. RASE, ESQUIRE CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff . 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: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Household 2929 Walden Avenue Depew, NY 14043 (Plaintiff) Kelly Jones Sowers and Scott L. Sowers 309 Pine Road Mount Holly Springs, PA 17065-1814 (Defendants) ST EI BE\G, PC BY: til" ❑ . : .ENBERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE 2CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAIN c CIVIL DIVISION fir, w rir; PRAECIPE FOR WRIT OF EXECUTION �ry'120 c—) Household Finance Consumer et al. : ❑Confessed Judgment {; Plaintiff ❑Other 1:7" .�. VS. : File No. 2013-3748 Kelly Jones Sowers & Scott L. Sowers : Amount Due 195,091.43 Defendant : Interest from 10/22/13-3/5/2014 Address: Atty's Comm @ $44.10 per diem=$5,953.50 309 Pine Road Costs Mount Holly Springs, PA 17065 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) 309 Pine Road, Mount Holly Springs, PA 17065 and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). ❑ (Indicate)Index this writ against the garnishee(s)as a lis _ai re: estate of the defendant(s)described in the attached exhibit. Date 10/21/2013 Signature: ,_ _ Print Name: ' Stl� , Viola, Esq. Da . Address: 1581 Main St., Ste 200 (9C1 Warrington, PA 18976 )02›.1 `t << Attorney for: Plaintiff a Telephone: 215-572-8111 am a Lk I Supreme Court ID No: 308909 om vor 07g7ar)a- ccirc �� 6te ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Pine Road, being the northwestern corner of lands now or formerly of John McCoy and W. K. Peffer; thence by land, South 216 feet to a stake at lands now or formerly of Lester Dum; thence by the said land East 100 feet to a stake at land now or formerly of John McCoy and W. K. Peffer; thence by the said land, North 216 feet to a point in the Pine Road; thence along the line of that road West 100 feet to the Place of BEGINNING. UNDER and SUBJECT to restrictions and conditions as now appear of record. BEING the same premises which Kelly J. Jones n/k/a Kelly Jones Sowers joined by Scott L. Sowers her husband by Deed dated July 1, 2005 and recorded July 22, 2005 in Deed Book 270 Page 70 granted and conveyed unto Scott L. Sowers and Kelly Jones Sowers, husband and wife, in fee. PARCEL ID#: 40-30-2642-019 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) Z.J 1 ; ANDREW J.MARLEY(312314) Ll STERN&EISENBERG,PC Ur`��L L�,i a COUNT . 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: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, set forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 309 Pine Road,Mount Holly Springs,PA 17065. 1. Name and address of Owner(s)or Reputed Owner(s): Kelly Jones Sowers and Scott L. Sowers 309 Pine Road Mount Holly Springs,PA 17065-1814 2. Name and address of Defendant(s) in the judgment: Kelly Jones Sowers and Scott L. Sowers 309 Pine Road Mount Holly Springs,PA 17065-1814 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: Rural Housing Service c/o Centralized Servicing Center United States Department of Agriculture PO Box 66889 St.Louis,MO 63166 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 Tenant(s)/Occupant(s) Kelly Jones Sowers and Scott Sowers 309 Pine Road c/o John Frommer,Esquire Mount Holly Springs,PA, 17065-1814 2080 Linglestown Road, Suite 103 Harrisburg,PA 17110 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: October 21, 2013 STERN&EISENBE G,PC COMMONWEALTH OF PENN$'t V V LA NOTARIAL SEAL ❑ S ' 3�1'IS B‘ RG,ESQUIRE DIANE J.Tur NO Notary Public ❑ M.TROY FREEDMAN,ESQUIRE Warrington wn.,5i:, County M Commission Ezp ea ?ctooer 31,2014 ❑ JACQUELINE F. McNALLY,ESQUIRE CVESLIE J.RASE,ESQUIRE CHRISTINA C. VIOLA,ESQUIRE ❑ ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff Sworn to tnd subscribed before me 5 this2\ Day of CDC, , 20 3 Notary Public C) STEVEN K.EISENBERG,ESQUIRE(75736) ' =( r M.TROY FREEDMAN,ESQUIRE(85165) 3 t∎(1 D HQ O A LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) 211 T3 OCT 23 A 10: 20 ANDREW J.MARLEY(312314) r� J STERN&EISENBERG,PC CUNBt-RLAND COUNTY 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: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers MORTGAGE FORECLOSURE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kelly Jones Sowers and Scott L. Sowers 309 Pine Road Mount Holly Springs, PA 17065-1814 Your real estate at 309 Pine Road, Mount Holly Springs, PA 17065 is scheduled to be sold at Sheriffs Sale on Wednesday, March 5, 2014 at 10:00 A.M., at the Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $195,091.43 obtained by Household 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 Stern &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 Stern&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. 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 Stern & 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 Stern &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 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Pine Road, being the northwestern corner of lands now or formerly of John McCoy and W. K. Peffer; thence by land, South 216 feet to a stake at lands now or formerly of Lester Dum; thence by the said land East 100 feet to a stake at land now or formerly of John McCoy and W. K. Peffer; thence by the said land, North 216 feet to a point in the Pine Road; thence along the line of that road West 100 feet to the Place of BEGINNING. UNDER and SUBJECT to restrictions and conditions as now appear of record. BEING the same premises which Kelly J. Jones n/k/a Kelly Jones Sowers joined by Scott L. Sowers her husband by Deed dated July 1, 2005 and recorded July 22, 2005 in Deed Book 270 Page 70 granted and conveyed unto Scott L. Sowers and Kelly Jones Sowers, husband and wife, in fee. PARCEL ID#: 40-30-2642-019 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3748 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 KELLY JONES SOWERS,SCOTT L. SOWERS (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 GARNISHEES)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: $195,091.43 L.L.: $.50 Interest from 10/22/13-3/5/2014 Atty's Comm:$44.10 PER DIEM-$5,953.50 Due Prothy: $2.25 Atty Paid: $207.44 Other Costs: Plaintiff Paid: Date: 10/23/13 David D. uell,Prothonota (Seal) AV,/ _ Deputy REQUESTING PARTY: Name: CHRISTINA C.VIOLA,ESQUIRE Address: STERN& EISENBERG,P.C. 1581 MAIN STREET,SUITE 200 WARRINGTON, PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No.308909 U COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW ; ANDREW J. MARLEY, ESQUIRE STERN AND EISENBERG, PC c? 1581 Main Street, Suite 200 �, 'M Warrington, PA 18976 x " (215) 572-8111 c-, = :% Z -: I.D. #312314 � N f�a Household Finance Consumer Discount Company Plaintiff(s) Civil Action: 13-3748 Civil V. MORTGAGE FORECLOSURE Kelly Jones Sowers Scott L. Sowers Defendant(s) CERTIFICATE OF SERVICE 1, ANDREW J. MARLEY, 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 December 26, 2013. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on December 26, 2013, as evidenced by copies of certificate of mailing and certified mail receipts attached. STERN AND EISENBER , PC BY/_Z1'/ .0 AAPRtW J. MARL - ARE Attorney for Plai f 12-26-13 C, (1) m MM . W N 2 0 F � Ow W 1A uo Cj CD C7 � z N O O f`: s+ ell Nt .:a x .. lL lid LL,T 0 • U �c pc m V��2ZiN m LL U. LL WE 0 (L CL czs rn 0. ik'�j • U ¢� o� m J �220 ;N O II 92TE 9008 'CEDE OE92 ETH = x° 1� m . ° vo z T c ¢ m0. LL a. W 6' 'CE 9009 �c000 OE92 ETU. y DO n l 00 Q 00 00 � u a� V U 3 M p y O O ti O CD O C ¢ O a� � z CYi ai vi vi U �p N U > .�.� U N u vi cOd `n O y a� ci° QC.) rn .M o a � � � j O a)o > O o � r_ ov7 o o mow °" N 0n�, 3 0 00 EUoao4 <C m o U � a owl o z �+ c ° �Gi Via, � U a�ifA ° Q ac rq a) -0 o � U 'o U ,� � o � � O = z .> cx G 'L E rn ° O rn ° s- M 2 x � F Z % x N iE � o, p -- " 0000 W d cOi W L M o �-+ o �+ � o p ¢ = o O o m cC cd c v o a� o o a U F00 caZ � M GVO) Q: u � a. vo a. a'1CZ %IU -- UF-- UOUF- M � UNx U jF -1F jF ik iE •% 3t it cn z U cQ cC 'II w zao COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQUIRE STERN AND EISENBERG, PC 1581 Main Street, Suite 200 Warrington, PA 18976 (215) 572-8111 I.D. #308909 Household Finance Consumer Discount Company Plaintiff(s) Civil Action: 13-3748 Civil v. Kelly Jones Sowers MORTGAGE FORECLOSURE Scott L. Sowers 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 Scott L. Sowers by certified mail, return receipt requested and regular, first-class, postage prepaid mail on January 14, 2014. ST f Rl ';. P : SEN ERG, PC BY. _ A CHRI INA C. VIOLA, ESQUIRE Attorney for Plaintiff 1-14-14 0 > -., CD FD " 0 = r) CD O a ._. fa, a — ■-.... -6. .g a% Di ro cr 1=1. CD cr ‘-< 0 -.., * * I C/D CD * * .8. cr co * * , CD 0 (71 C 4 , " ,••••id (7 c.-, co rp .1 I■. ell co -- 0. •• ,Fr 0 r- 2, LA .13 7013 21 —0• <, 3 >-.C----.)1•rit:a(:g i:cl))., iC<C,A-D scra-C.D p D. •o-I....,•0.o-•_■ c■.L—.i-."),, 2 -r I ‘Rl .9. 0 0 C I 1DlD CD 3 4> g r), z,.• 0--) a ga ,)-= ._, . . . . . -P il- P Z-5-,—, <O •?-4 a 33 P, ',', '1, Z 41 a) . o Clli --(1) a, .T, a-II m . 0 lb ■■ hi 2 CA rt o ---.I ---0 (I) <D .1:: 3 1.g -- ..,..• g "it ,.--1, CD • 'l. P4 (2 0 0) '5. 0 '0 r: 0 •.. E -L., r.i.,...--, CI. Ca, ' = 1.... .. t■ '" (2) ....t co '1) C) , 0 Z r■ M ',5<:, '2 e Ch i . Ln cn ,2, D 0 Cen o 33 n lb a, ',....-- ,..: a ''''' : ,,.-, . . co e 4, in i ,... r 9 0 s, 3 cf. ID CI yr. cx .. ...__- 1 1. 1 -V3 )._...., k) CD . . v-1 ..s.i .........ww..........c'wmia'_ .r=ANwxsoir'""°rrr'r'mv,,ofor,..t-t-.lstAk'Pt•'.; t,:f ".01....0ii. 2. .'' r ,. A ---■ 01.11'00 $ ,'..' L-). • ill' C 0 Ck COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQUIRE ,- e... STERN AND EISENBERG, PC 1581 Main Street, Suite 200 = �, The Shops at Valley Square PA 18976 (215) 572-8111 I.D. #308909 Household Finance Consumer Discount Company v. Civil Action Number: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to Kelly Jones Sowers was received by the Defendant(s) on December 28, 2013 as evidenced by copy of signed greencard(s) attached hereto.. ST. AND EASE BERG PC f' \ BY: C "TINS 7 VIOLA, ESQUIRE Attorney for Plaintiff 1-14-14 • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A.`Sr natur. item 4 if Restricted Delivery is desired. Agent • Print your name and address on the reverse X ,� I �^ - -ssee so that we can return the card to you. g ei . by(Primed e) C. Date.f De'y ry • Attach this card to the back of the mailpiece, �� ., 6( or on the front if space permits. J So D. Is delivery address different from item 1? • Ye- 1. Article Addressed to: If YES,enter delivery address below: ❑No)cnesSa� S 3oq -P;r-e. c)(. 6 3. Service Type t, `n,�,,,} i \�`` �s(nn()1 tQ Certified Mail® ❑Priority Mail Express'" �1 V C ❑Registered •Return Receipt for Merchandise ,--'rVLV y ,y;3_ \L: ❑Insured Mail 1:3 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Numl 7013 2630 00111 8005 3119 (Transferfro,.r ._.-- __, PS Form 3811,July 2013 Domestic Return Receipt • • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQUIRE " STERN AND EISENBERG, PC 1581 Main Street, Suite 200 r. The Shops at Valley Square Warrington, PA 18976 r--x (215) 572-8111 � ' I.D. 4308909 Household Finance Consumer Discount Company V. Civil Action Number: 13-3748 Civil Kelly Jones Sowers Scott L. Sowers MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE 1, CHRISTINA C. VIOLA, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to Scott L.Sowers was received by the Defendant(s)on January 16, 2014 as evidenced by copy of signed greencard(s) attached hereto.. ST A D BERLESQUIRE `i B VIOL Attorney for Plaintiff 1-22-14 J COMPLETE SECTION IS SENDER: COMPLETE TH • Complete items 1,2,and 3,Also complete A. Signature , p Agent item 4 if Restricted Delivery is desired. X '' 0 Addressee • Print your name and address on the reverse so that we can return the card to you. B. Recgived by(Printed Name) C. t of Delivery • Attach this card to the back of the mailpiece, ^„ or on the front if space permits. Di Is delivery address different from item 1 es 1. Article Addressed to If YES,enter delivery address below: ❑No �-{�L•��v�eXS i 3. Service Type Car l Certified Mail Cl Express Main IT V70 0 Registered 41 Return Receipt for Merchandise 0 Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes ' 2. Article Number " 7013 2630 0001 8005 4284 (transfer from servfc - — - PS Form 3811.February 2004 Domestic Return Receipt io2595-o2-M 1540 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ( l3�-} Sheriff M1„iv of w.9tP. ung• 'i. THE sPROTHONOTARY Jody S Smith ' Chief Deputy 4 ?Q f[I MAY -5 NI 2: I Richard W Stewart Solicitor Orf:E z ', .i CUMBERLAND COUNTY PENNSYLVANIA Household Finance Consumer Discount Company Case Number vs. Kelly Jones Sowers (et al.) 2013-3748 SHERIFF'S RETURN OF SERVICE 01/06/2014 01:19 PM -Deputy Shawn Gutshall, 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 309 Pine Road, South Middleton -Township, Mount Holly Springs, PA 17065, Cumberland County. 01/06/2014 01:19 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Kelly Jones Sowers at 309 Pine Road, South Middleton, Mt. Holly Springs, PA 17065, Cumberland County. 01/10/2014 01:55 PM - Deputy Jason Kinsler, 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 Erin Bear, Fiance, who accepted as"Adult Person in Charge"for Scott Sowers at 327 Wolfs Bridge Rd, Middlesex Twp., Carlisle, PA 17013, Cumberland County. 03/12/2014 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, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 a.m. 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: $951.73 SO ANSWERS, v(41 March 31, 2014 RONNY ANDERSON, SHERIFF • i&.Dept. ad: sz Pd . 00 3O 5V c)CountySu:e Sheriff.Teleosoft,Inc. On December 19, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 309 Pine Road, Mount Holly Springs, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: December 19, 2013 ►� _ - By: .c, Li.., Real Estate Coordinator • • . i LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-3748 Civil Term Household Finance Consumer Discount Company vs. Kelly Jones Sowers Scott Sowers Atty.: Steven Eisenberg ALL that certain tract of land situ- ate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Pine Road, being the northwestern comer of lands now or formerly of John McCoy and W. K. Peffer;thence by land, South 216 feet to a stake at lands now or for- merly of Lester Dum; thence by the said land East 100 feet to a stake at land now or formerly of John McCoy and W. K. Peffer;thence by the said land, North 216 feet to a point in Pine Road; thence along the line of that road West 100 feet to the Place of beginning UNDER and SUBJECT to restric- tions and conditions as now appear of record. BEING the same premises which Kelly J. Jones n/k/a Kelly Jones Sowers joined by Scott L. Sowers her husband by Deed dated July 1, 2005 and recorded July 22,2005 in Deed Book 270 iPnagfeee.70 granted and conveyed unto Scott L. Sowers and Kelly Jones Sowers, husband and wife. PARCEL ID #: 40-30-2642-019. 73 ti. • 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: January 24, January 31, and February 7, 2014 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. ey. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 7 da of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 ."the Patriot-News Co. atriotA1Xeuis Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE . • CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: . That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. m Hou hol748 Civiliane ,Y This ad ran on the date(s)shown below: Hou Company Finan e Con umer Disco nt 01/19/14 JVs 01/26/14 Kelly Jones Sowers Scott Sowers . 02/02/14 Atty: Steven Eisenberg I ALL that certain tract of land situate . . - . in South Middleton Township, Cumberland County, # Pennsylvania,bounded and described SW.• o an. subscribed before me Vs : day of February, 2014 A.D. as follows,to wit: BEGINNING at a point in the j ' — / center line of Pine Road, being the I Al i northwestern comer of lands now or ,. 1'LI* IC formerly of John McCoy and W. K. Peffer;thence by land,South 216 feet i to a stake at lands now or formerly of :j Lester Dum;thence by the said land East 100 feet to a stake at land now „ COMMONWEALTH OF PENNSYLVANIA or formerly of John McCoy and W. Notarial Seal K. Peffer; thence by.the said land, 1 Holly Lynn Warfel,Notary Public North 216 feet to a po iif m Pine Washington Twp.,Dauphin County Road; thence along the line of that My Commission Expires Dec.12,2016 �aa w�,. 1 nn Fe. .o_.t a PIMa c MEMBER.PENNSYLVANIA ASSortATTON OP NOTARj« 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 C D C is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 10th day of October, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3748, at the suit of Household Fin C D C against Kelly Jones Sowers & Scott L is duly recorded as Instrument Number 201409321. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this (e day of '7N1V , A.D. o 1L/ bot, $ order of Deeds Record=hof Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018