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HomeMy WebLinkAbout13-5482 Supreme Cou Of tPennsylvania rl COUr Tor Prothonotary Use Orly: C7 it o 81liet Docket No: I CUIVI6RLAND"`, Y County The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. i Commencement of Action: z; Complaint Writ of Summons i-! Petition CJ Transfer from Another Jurisdiction E3 Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: C The Bank of Landisburg Tony Neidigh and Jeanette R. Supinski T I Are dam requested? IX Yes No Dollar Amount Requested: Owithin arbitration limits money i Y g 9 (check one) x; outside arbitration limits 0 N Is this a Class Action Suit? Yes 0 No Is this an MDJAppeal? 0 Yes X' No t A Name of Plaintiff /Appellant's Attorney: Melanie L. Vanderau, Esquire Check here if you have no attorney (are a Self- Represented (Pro Sel 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. j TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional IJ Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card E l Board of Assessment Motor Vehicle Debt Collection: Other Fi Board of Elections =u Nuisance 0 Dept. of Transportation El Premises Liability Statutory Appeal: Other S Product Liability (does not include mass tort) -� Employment Dispute: E Discrimination F1 Slander/Libel/ Defamation 0 p 0 Zoning Board C f_t Other: Employment Dis Dispute: Other T , Other: Other: O MASS TORT _R Asbestos f N j Tobacco O Toxic Tort - DES i MD Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS = j Toxic Waste [I Ejectment Ej Common Law /Statutory Arbitration B F11 Other: 0 Eminent Domain /Condemnation �i Declaratory Judgment El Ground Rent ] Mandamus I Q Landlord/Tenant Dispute C + Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order I PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial ❑ Quo Warranto 0 Dental Partition 0 Replevin - Legal Quiet Title ® Other: Fi Medical E] Other: f ❑ Other Professional: i Updated 1/1/2011 OF Tel1`0 0 'O" 13 CUME?ER ' ?ND CUUiiT`�' PEhligS'�' LVA , lA Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 (717) 236 -1816 (fax) mlvanderau@mette.com Attorneys for Plaintiff THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TONY NEIDIGH and JEANETTE R. DOCKET NO. SUPINSKI, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. (2 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 34 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 2 METTE, EVANS & WOODSIDE Melanie L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 (717) 236 -1816 (fax) mlvanderau@mette.com Attorneys for Plaintiff THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TONY NEIDIGH and JEANETTE R. DOCKET NO. SUPINSKI, Defendants COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, THE BANK OF LANDISBURG, by its attorneys files this Complaint in Mortgage Foreclosure pursuant to Pa. R.C.P. §1141 et seq., and in support thereof avers the following: Parties 1. Plaintiff, The Bank of Landisburg, is a Pennsylvania state chartered bank ( "Plaintiff') with an address at 100 North Carlisle Street, Landisburg, PA, 17040. 2. Defendant Tony Neidigh is an adult individual with an address of 1133 Harrisburg Pike, Carlisle, PA 17013. 3 3. Defendant Jeanette R. Supinski is an adult individual with an address of 158 B Street, Carlisle, PA 17013. Tony Neidigh and Jeanette Supinski shall be collectively referred to herein as the "Defendants. Jurisdiction & Venue 4. This Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. §931(a). 5. Venue is proper under 42 Pa. C.S.A. §931(c) because the subject property is in Cumberland County. BacklZround 6. On November 15, 2005, Defendants executed a Mortgage Note in the original principal amount of One Hundred Sixty Five Thousand Dollars and 00 /100 ($165,000.00). A true and correct copy of the Mortgage Note is attached hereto as Exhibit "A" and referred to as the "Note ". 7. Defendants' payment and performance obligations under the Note are secured by a lien and security interest created by a mortgage dated November 15, 2005 with Defendants as Grantors in favor of Plaintiff as Lender and recorded on November 17, 2005 in the Cumberland County Recorder of Deeds Office at Book 1931, Page 0991. A true and correct copy of the mortgage is attached hereto as Exhibit "B" and made a part hereof (the "Mortgage "). 8. The real property subject to the Mortgage is 1133 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, as more particularly described in the Mortgage (the "Property "). 9. Defendants are the real owners of the Property. 4 10. The indebtedness evidenced by the Note and secured by the Mortgage is in default. Defendants have failed to pay required bi- monthly payments under the Note since March 15, 2013. 11. Notice of such default and Defendants' rights under the Pennsylvania Loan Interest and Protection Law ( "Act 6 ") and the Housing Financing Agency Law ( "Act 91 ") was provided to Defendant Tony Neidigh on June 6, 2013, by certified mail and Defendant Jeanette R. Supinski on June 17, 2013. by certified mail. True and correct copies of such Notice to the Defendants are attached hereto as Exhibit "C" and made a part hereof (collectively the "Notice ") 12. As of August 30, 2013 the amount due and owing under the Note is $141,285.04 which is computed as follows: Principal $140,582.27 Interest as of August 30, 2013 $374.02 Charges /Fees as of August 30, 2013 $28.75 Attorney's Fees: $300.00 Total $141,285.04* *Interest accruing at the per diem rate of $28.50, costs and attorneys' fees continue to accrue from August 30, 2013. 13. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. COUNT I — MORTGAGE FORECLOSURE 14. The above paragraphs are incorporated herein by reference as if fully set forth. 15. Judgment has not been entered on the Mortgage in any jurisdiction. 16. The Note and Mortgage have not been assigned. 5 17. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendants in the amount of $141,285.04 plus continuing interest at the rate of $28.50 per diem after August 30, 2013, attorneys' fees, costs and expenses, and authorizing sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, METTE, EVANS & WOODSIDE W� Mela 'e L. nderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 (717) 236 -1816 (fax) Attorneys fog° Plaintiff Date: September 17, 2013 6 VERIFICATION I, Robert W. Lawley, have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that I am authorized to executed this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. " -- 4b44R- w• Robert W. Lawl hief Credit Officer The Bank of Landisburg Dated: 7 667492v1 j i 1 1 I 1 l i I � i Mort a . g e Note g ..... .... US $165.000.00 November 15. 2005 FOR VALUE RECEIVED, the undersigned (hereinafter called the "Borrower ") promises to pay THE BANK OF LANDISBURG, a State banking association existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business in the Borough of Landisburg, Perry County, Pennsylvania, (hereinafter called the "Bank ") or to its order, the principal sum of------ - - - - -- ----------------------------- ONE HUNDRED SIXTY -FIVE THOUSAND ----- --- -- ---- - - -- — ~ — — -- - -- - - -- — ($165,000.00) DOLLARS together with interest on the unpaid principal balance at the rate of ],4Q percent per annum, said principal and interest to be paid at the times and in the matter set forth as follows, to wit: Borrower shall pay to Bank the sum of $569.38 fourteen days from the date of this Note, and a like sum each and every fourteen days thereafter until said principal sum with interest at the rate aforesaid is paid in full. Said payments shall be applied first to the payment of interest and the balance on the reduction of the principal indebtedness. In the event of J. the sale of the mortgaged property, by land contract or otherwise, the entire unpaid balance of the principal will immediately become due and payable at the option of the Bank. Borrower shall maintain a deposit account with Bank such that the aforesaid bi- weekly payment will be automatically transferred from said deposit account and applied to this note until said principal sum with interest at the rate aforesaid is paid in full at the office of said Bank (or such other be place as designated in writing by the holder hereof) and shall also, from time to time until said debt and interest m fully paid renew and keep alive, by paying the necessary premiums and charges on such policy or policies of fire, storm explosion insurance, war damage insurance, or on any and all other insurance, which the Bank its successors or assigns, may demand for further security of said debt upon the buildings and improvements descri ed in the Mortgage accompanying and securing this present obligation, or any which may be hereafter erected thereon, said policies of insurance of whatsoever kind to be deposited with the Bank, its successors or assigns, and transferred by properly registered and approved assignments with non - contributing mortgagee clauses attached, and any renewals of said policies to be furnished to said Bank at least seven (7) days before the expiration of said policies; in the event of loss or damage, the proceeds of said insurance shall be paid to Bank alone. Bank is authorized to adjust and compromise such loss without the consent of Borrower, to collect, receive and receipt for such proceeds in the name of Bank and Borrower, and to endorse Borrower's name upon any check in payment thereof. Such proceeds shall be applied toward reimbursement of all costs and expenses of Bank in collecting said proceeds, and toward the payment of all amounts Pay able by Borrower to Bank hereunder, and toward the payment of the indebtedness secured hereby or any portion thereof, whether or not then due or payable, or Bank at its option, may apply said insurance proceeds or any part thereof to the repay or rebuilding of said premises. In the event of sale of the premises on foreclosure, the ownership of all policies of insurance shall pass to the purchaser at said sale and Borrower hereby appoints Bank its attorney -in -fact, in Borrower's name to assign and transfer all such policies to such purchaser. The Borrower shall also pay, from time to time, until said debt and interest be fully paid, all taxes, water and sewer rents and all charges and claims assessed or levied at any time, present or future, by any lawful authority upon the mortgaged premises, which by any present or future law or laws shall have priority in lien or payment to the debt represented by this obligation, and secured by said Mortgage, when and as the same shall become due and payable, and shall also exhibit to said Bank, its successors or assigns, receipts for all taxes, water and sewer rents assessed upon or chargeable to the mortgaged property, at the office of said Bank, or at such other place as may be designated by said Bank in writing, within twenty (20) days after such taxes or water or sewer rents have last been payable at face without the imposition of interest or penalties, as well as receipts for all other taxes or charges or claims of every kind and nature which by any present or future law or laws may be or become alien upon the mortgaged property, prior in lien to said Mortgage, or which may be or become, by any present or future law or laws, first distributable or allowable or payable before said debt, out of the proceeds or any judicial sale for collection or said debt, or so distnbutable or allowable or payable out of the proceeds of any other judicial sale, without any fraud or future delay, then this obligation to be void; otherwise or remain in full force and virtue; it being understood and agreed, however, that upon the failure of the Borrower, Borrower's heirs or assigns, s maintain said insurance upon the building, or to pay the taxes, water and sewer rents, or other charges, claims or liens as aforesaid, the Bank, its successors or assigns, may insure the buildings, or pay such taxes, water and sewer rents or other charges, claims or liens, and the sums so advanced by the Bank, its successors and assigns, shall be payable by the Borrower, Borrower's heirs and assigns, to the Bank, its successors and assigns, and shall be added to and become a part of the principal debt hereby secured and shall bear interest thereon at the rate set forth above until paid. The Borrower herein agrees that in the event of the passage, after the date of this Note, of any law of the Commonwealth of Pennsylvania, deducting from the value of the land for the purpose of taxation, any lien thereon or changing in any way the laws now in force for the taxation of mortgages or debts secured thereby, for the state or local purposes, or the manner of the collection of any such taxes, so as to affect the interest of the Bank, the whole of said principal sum secured by this Note, together with the interest due thereon, shall, at the option of the Bank, immediately become due and payable. i. t And Borrower does hereby empower any Attorney of any Court of Record, within the United States or elsewhere, to appear for Borrower in any Court, and with or without a declaration filed, confess judgment or judgments against Borrower, Borrower's heirs and assigns, in favor of the said Bank, or its successors or assigns, as of any term, for the above principal sum, together with costs or suit, and attorney's commission of ten per centum (10 %) for collection, on which judgment, execution or executions may issue forthwith, on failure to comply with any of the conditions of this Note; hereby waiving inquisition and condemnation of any property levied upon by virtue of such execution, and also waiving all exemption from levy and sale on any property that now is or that hereafter may be exempted under any Act of the Assembly, and with a release of all errors. AND PROVIDED FURTHER, and it is hereby and thereby expressly covenanted and agreed that in the event there is more than one party named herein as a Borrower, and singular word, `Borrower ", wherever occurring herein, shall be deemed and taken to mean the plural. AND PROVIDED FURTHER, that all covenants waivers, options, stipulations, promises, undertakings, agreements, and rights and benefits given to, and obligations or liabilities imposed upon, each and all of said parties hereto shall inure to and bind them jointly and severally and its, his, her, and their, and each of their, respective heirs, executors, administrators, successors and assigns. WITNE aU� (SEAL) T AS TO LOTH (SEAL) TTE R. S INSKI (SEAL) (SEAL) (SEAL) (SEAL) Law Offices GERALD K. MORRISON Center Square, P.O. Box 232 New Bloomfield, PA 17068 i I I i `, i i �� I I I I �I i I ; I I ,' i o M C� - ` Cu''!SERLAI44D C0J1fTY -P•i COS ruU 17 Ail li 27 A re , Made this 15th day of November in the year of our Lora, Two Thousand Five (2005). BETWEEN TONY E. NEIDIGH, unmarried and JEANETTE R. SUPINSKI, unmarried, both of Carlisle, Cumberland County, Pennsylvania (hereinafter called the Mortgagor, parry of the first part, AND THE BANK OF LANDISBURG, a State banking association existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business in the Borough of Landisburg, Perry County, Pennsylvania (Mortgagee, party of the second part) WHEREAS, the said Mortgagor, executed and delivered to the Mortgagee a Note in the principal sum of ONE HUNDRED LAP SIXTY -FIVE THOUSAND --------------------------------- ($165,000.00) with interest at the rate set forth in said Note payable at the times and in the manner set forth in the said Note at the office of said Mortgagee (or such other place as designated in writing by the holder hereof), and also for the payment from time to time until said debt and interest be fully paid, of the necessary premiums and charges on such policy or policies of fire, storm, explosion insurance, waich the Mortgagee, its successor and assigns, may r damage insurance, or on any and all other insurance wh demand from time to time against any other hazards, casualties and contingencies, for the further security of the debt hereby secured, upon the buildings and improvements described herein, or any which may hereafter be erected on the premises described herein; said policies of insurance of whatsoever kind to be deposited with the Mortgagee, its successors or assigns, and transferred by properly registered and approved assignments with non - contributory mortgagee clause attached, and any renewals of the same to be furnished to said Mortgagee at least seven (7) days before the expiration of the same. In the event of loss or damage, the proceeds of said in surance shall be paid to Mortgagee alone. Mortgagee is authorized to adjust and compromise such loss without the consent of Mortgagor, to collect, receive and receipt for such proceeds in the name of Mortgagee and Mortgagor, and to endorse Mortgagors name upon any check in payment thereof. Such proceeds shall be applied toward reimbursement of all costs and expenses of Mortgagee in collecting said proceeds, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward the payment of the indebted- - ness secured hereby or any portion thereof, whether or not then due or payable, or Mortgagee at its option, may apply said insurance proceeds or any part thereof to the repair or rebuilding of said premises. In the event of sale of the premises on foreclosure, the ownership of all policies of insurance shall pass to the purchaser at said sale and Mortgagor hereby appoints Mortgagee its attorney -in -fact, in Mortgagor s name to assign and transfer all such policies to such purchaser. And also, for the payment, from time to time, until said debt and interest be fully paid, of all taxes, water and sewer rents and all other charges and claims assessed or levied at any time, present or future, by any lawful authority, upon the property hereby granted, to secure said obligation, which by any present of future law or laws shall have priority in lien or payment to the debt represented by said obligation and secured by this Mortgage, when and as the same shall become due and payable, and also for the exhibition to said Mortgagee, its successors or assigns, of receipts for all taxes, water and sewer rents assesed upon or chargeable to the mortgaged property, at the office of said Mortgagee, or at such other place as may he designated by the Mortgagee in writing, within twenty (20) days after such taxes or water or sewer rents have been payable at face without the imposition of interest or penalties, as well as receipts for all other taxes or charges of claims of every kind of nature which by any present of fumre law or laws may be or become a lien upon the mortgaged property prior in lien to said Mortgage, or which may be or become, by any present or future law or laws, first distributable or allowable or payable before said debt, out of the proceeds of any judicial sale for collection of said debt, or so distributable or allowable or payable out of the proceeds of any other judicial sale, and in case of default of payments as aforesaid, also for the payment of all costs, fees and expenses of collecting the same, including an attorney's commission of ten per centum (10 %) and providing further that upon failure of the Mortgagor, Mortgagor's ' heirs or assigns, to maintain said insurance upon the buildings, or to pay the taxes, water rents and sewer rents or other charges, claims or lien as aforesaid, the Mortgagee, its successors and assigns, may insure the buildings, or pay such taxes, water rents and sewer rents or other charges, claims or liens, and the sums so advanced by the Mortgagee, its successors and assigns, shall be payable by the Mortgagor, Mortgagor's heirs and assigns to the Mortgagee, its succesors and assigns, and shall be added to and become a part of the principal debt secured hereby and shall bear interest thereon at the rate set forth in said note until paid. The Mortgagor herein agrees that in the event of the passage, after the date of this Mortgage, of any law of the Commonwealth of Pennsylvania, deducting from the value of the land for taxation purposes, any lien thereon, or changing in any way the laws now in force for the taxation of mortgages or debt secured thereby, for state of local purposes, or the manner of the collection of any su int ea so th the interest due as to affect the interest of the Mortgagee, then the whole of said principal debt secured by this Mortgage, together wi thereon, shall at the option of the Mortgagee herein, immediately become due and payable. The Mortgagor herein further agrees that if any installment of interest be not paid when due, such installment shall beat interest at the rate set forth in said note until paid; in the event that any payment provided for in the Note secured hereby shall become overdue for a period in excess of fifteen (15) days, Mortgagor agrees to pay a "late charge" of five cents (5{) for each dollar so overdue, for the purpose of defraying expenses incident to handling the delinquent payment. And further, Mortgagor agrees not to convey or otherwise transfer title to the mortgaged premises (either legal or equitable) without prior written consent by the Mortgagee to the specific transfer. A transfer to the survivor or devisees or heirs of the Mortgagor in the event of the Mortgagors death shall not come within the prohibition of this covenant. NOW THIS INDENTURE WITNESSETH: That the said Mortgagor, as well for and in consideration of the aforesaid debt and for the better securing the payment of the same, and interest as aforesaid unto the said Mortgagee, its successors or assigns, and the pay - ment of all premiums of insurance, taxes, water rents and sewer tents, municipal assessments or charges, as aforesaid, according to the condition; of said obligation, and in discharge thereof, as for and in consideration of the further sum of One ($1.00) Dollar unto Mortgagor in hand well and truly paid by the said Mortgagee, at and before the sealing and delivery of these presents, the receipt whereof, is he acknowledged, Mortgagor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said Mortgagee, its successors and assigns: BK 193 1 PG0991 ALL that certain Tract of land situate in Middlesex Township, Cumberland County., Pennsylvania, bounded and described according to the Final Minor Subdivision Plan for Margaret F. Carpenter and Evelyn M. Carpenter as prepared by Stephen G. Fisher, R. S., dated September 13, 1983 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan It Book 44, Page 123, as follows, to wit: BEGINNING at a point on the-centerline of Harrisburg Pike, U.S. 11 (L.R. 34), which point is at comer of lands now or formerly of Paul H. Gulden; thence along the centerline of Harrisburg Pike, North 54 degrees 27 minutes 22 seconds East 20.01 feet to a point; thence along land now or formerly of Kenneth L. Lay and passing over an existing sanitary sewer main and railroad spikes set 25.09 feet from the centerline of the said Harrisburg Pike, South 37 degrees 38 minutes 56 seconds East 273.56 feet to an iron pin set; thence along lands now or formerly of the said Kenneth L. Lay, North 54 degrees 27 minutes 22 seconds East 61.83 feet to an existing "T" Bar; thence along the same and passing over an existing iron pin and an existing "T" Bar 24.18 feet from the said centerliie of Harrisburg Pike, North 35 degrees 34 minutes West 273.37 feet to a point; thence along the centerline of the said Harrisburg Pike, North 54 degrees 27 minutes 22 secoiids gist 50 to a point; thence along - Lot No.3 o`f fliCal ove- referred to Plan, and passing over an iron pin set on line 29.94 feet from the centerline of the Harrisburg Pike, South 35 degrees 34 minutes 00 seconds East 586.22 feet to an iron pin set; thence along same, North 55 degrees 35 minutes 46 seconds East 710.59 feet to an iron pin set; thence along land now or formerly of Cumberland County Industrial Development Authority South OS degrees 36 minutes 57 seconds East 495.12 feet to an existing iron pin; thence along land now or formerly of Glen Shambaugh and passing through an iron pin set 30 feet on line from the centerline of Letort Spring Run, South 05 degrees 36 minutes 57 seconds East 364.57 feet to a point; thence along the centerline of the said Letort Spring Run, the following courses and distances: South 86 degrees 33 minutes 22 seconds West 32.71 feet to a point; North 87 degrees 34 minutes 45 seconds West 235.28 feet to a point; South 63 degrees 41 minutes 22 seconds West 93.38 feet to a point; South 77 degrees 07 minutes 58 seconds West 82.74 feet to a point; South 80 degrees 54 minutes 20 seconds West 37.04 feet to a point; South 88 degrees 10 minutes 50 seconds West 53.10 feet to a point; South 65 degrees 11 minutes 18 seconds West 30.36 feet to a point; South 63 degrees 31 minutes 19 seconds West 55.82 feet to a point; South 22 degrees 30 minutes 09 seconds West 36.56 feet to a point; South 33 degrees 44 minutes 47 seconds East 23.75 feet to a point; South 23 degrees 36 minutes 12 seconds East 60.98 feet to a point; South 05 degrees 07 minutes 12 seconds West 25.44 feet to a point; South 52 degrees 38 minutes 00 seconds West 134.74 feet to a point; South 61 degrees 21 minutes 10 seconds West 139.96 feet to a point; South 30 degrees 47 minutes 55 seconds West 66.63 feet to a point; thence along land now or formerly of C. Terry Sellers and land now or formerly of Lester L. 'Zeigler and pissing through an iron pin set on line 40 feet from the centerline of Letort Spring Run North 46 degrees 46 minutes 03 seconds West 441.50 feet to an iron pin set; thence along lands now or formerly of Lester L. Zeigler and lands now or formerly of Cumberland County Industrial Development Authority, North 46 degrees 42 minutes 03 seconds West 514.70 feet to a fence post; thence along lands now or formerly of James S. Conklin, North 54 degrees 13 minutes 27 seconds East 199.40 feet to a fence post; thence along land now or formerly of Leon Morrison, South 46 degrees 42 minutes 03 seconds East 306.67 feet to the remains of a fence post; thence along same, North 55 degrees 35 minutes 46 seconds East 461.42 feet to a fence post; thence along same North 37 degrees 38 minutes 56 seconds West 334.37 feet to an existing pin; thence along land now or formerly of Paul H. Gulden, passing over railroad spikes set on line 25.12 feet from the centerline of said Harrisburg Pike, and also passing over an existing sanitary sewer main, North 37 degrees 38 minutes 56 seconds West 224.71 feet o a point, the point and place of BEGINNING. (see attached sheet) TOGETHER with the streets, alleys, passages, ways, waters, water courses, rig hts, liberties, privileges, hereditament: and appurtenances is , issues and profits thereof, and whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, ten TOGETHER with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, including all boilers, heating and lighting apparatus, also all screens, awnings, ranges or stoves, and mechanical refrigeration, and all, each and every of the interior improvements and fixtures, movable or immovable, of every and description in and upon said premises, kin or which may understood and agreed hereafter be placed in or upon the same, or used in connection therewith; it being reed between the parties hereto that the words "land" and /or "premises" wherever they occur in these presents, shall be deemed to include all the futures and personal property above mentioned and conveyed. 00 ✓"� TO HAVE AND TO HOLD the said described lot of land, hereditaments and premises hereby granted and conveyed, with the appur- -�+ ccessors and assigns, to the only proper use and behoof of the said Mortgagee, its successors and tenances, unto the said Mortgagee, its su %.0 assigns, FOREVER. G7 PROVIDED, HOWEVER, that in case of default at any time, in payment of said principal debt or sum, of of interest of charges of Q f said obligation for the premiums of insurance, or of any part thereof, when due and payable respectively, by the terms and conditions o t_0 space of twenty (20) days as aforesaid, or in the performance of any of the covenants as to fire insurance, taxes or water and sewer rents or charges or claims as aforesaid, the whole of said principal debt or sum and interest then unpaid, shall thereupon become due and payable and an action of mortgage foreclosure may be commenced forthwith on this Mortgage and prosecuted to judgment, execution and sale for the collection of the whole amount of the said principal debt and /or interest thereon remaining unpaid, together with all premiums of insurance, taxes and water and sewer rents paid, fees, costs and expenses of such proceedings, together with an attorney's commission of ten per centum (10 %). All errors in said proceedings, together with stay of, or exemption, or extension of time of payment, which may • hereby forever waived and released. be given by any Act or Acts of Assembly, now in force, or which may be enacted hereafter, are In the event of the taking of all or any portion of the premises in any proceedings under the power of eminent domain, the entire and rendered in such proceedings shall be paid to Mortgagee, to be applied toward reimbursement of all costs and expenses of Mortgagee nnnection with said proceedings, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward a?ment of the indebtedness secured hereby, •tny portion thereof, whether of not then due or ' Table, or Mortgagee at its option ly said award, or any part thereof, to the .air or rebuilding of said premises. AND PROVIDED further that it is thereby and hereby expressly agreed that in the event of any breach by Mortgagor of any covenant, condition, or agreement of said recited obligation, or of this Mortgage, it shall b enter u lawful for the Mortgagee to epon all and singular the lands, buildings and premises herein particularly described and by this Indenture mortgaged, together with the hereditaments and appurtenances, and each and every part thereof, and to take possession of the same and of the fixtures, appliances and equipment herein contained, and to have, t lease to the Mortgagor or any other person or persons, use and operate the same in such parcels and on such terms and for hold, manage, Mortgagee may deem proper in the sole discretion of Mortgagee, the Mortgagor agreeing that Mortgagor shall and Mortgagee so to as Mortgagee, any lease or subl ease; will, whenever requested M ease; and to collect and receive such periods of time as M sign, transfer and deliver unto all rents, issues and profits of the said mortgaged premises and every part therof for which this Indenture shall be a sufficient warrant whether or not such lease or sublease has been assigned to Mortgagee, and to make from time to time, all alterations, renovations, repairs and replacements thereto as may seem judicious to Mortgagee, and after deducting the cost of any or all such alterations, renovations, repairs and replacements and expenses incident to taking and retaining possession of the mortgaged property and the management and operation thereof, and keeping the same property insured, to apply the residue of such rents, issues and profits, if any, arising as aforesaid, to the payment of all taxes, charges, claims, assessments, water and sewer re nts and any other liens that may he prior in lien or payment a and the principal debt secured by this Indenture and premiums for said insurance, with interest thereon, of Mortgagee, vfttstin and the p t olediscretioaof secured by this Indenture of Mortgage, with all costs and attomey s fees, in such order of priority, Mortgagee, may determine, any statute, law, custom of use to the contrary, notwithstanding; it being expressly agreed, however, that the taking of possession by Mortgagee under this provision shall not relieve any default which may have been made by Mortgagor, or prevent the enforcement of any of the remedies by this Indeorate, or by said recited obligation, provided in case of such It - , and it is further expressly understood and agreed that the remedies by this Indenture and said recited obligation provided for the enforcement of the payment any adtiitions.[hereto as above provided, together_with . interest thereon, as hereinbefore specified of the principal sum hereby secured, with covenants cojtdujons -and agreements, matters and. things herein contained, or by this Indenture referred to, and for the performance of ; ,the are cumulative'a'nd concurrent and may _be pursued singly or successtvef or iogmfier at the sole discretion -of the Mortgagee, and may be exercised as often-'I tkca5iori'iherefof'shall occur.'' AND for the purpose of securing sat of said mortgaged Mortgagee, in the event Premises to of any bleach as aforesaid, Mortgagor does hereby authorize and empower any attorney of any Ctnrt the of Common Pleas in any County la u nd e r, by, o f Penn- oorthrough Sylvania, or of any other court there or elsewhere, as attorney for Mortgagor, as well as for all persons claiming under, by, _ Mortgagor, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the premises mortgaged Mortgagor, Indenture, together with the hereditaments and appurtenances as well as all fixtures, appliances and equipment of any nature whatso- by ever, now or hereafter installed upon or in said mortgaged property (without any stay of execution or appeal), against said Mortgagor, as well as all persons claiming under, by, or through Mortgagor and therein confess judgment for the recovery by the Mo gee of the possession any of the said mortgaged premise s together with the hereditaments and appurtenances, as well as all fixtures, appliances thereof t b f afEi nature whatsover now or hereafter installed upon or in said mortgaged property, for which this Indenture (or copy Y davit) shall be a sufficient warrant; whereupon if the Mortgagee so desires, a Writ of Possession may be issued forthwith, without any prior _ - writ or proceeding whatsoever, Mortgagor - hereby releasing and agreeing to release the Mortgagee from all errors and defects whatsoever in entering such action and/or judgment and in causing such writ or writs to be issued, and in any proceeding thereon or concerning the same, and hereby agreeing that no writ of error or objection shall be made or taken provided that the Mortgagee shall have file ken thereto, p d in such action an affidavit by it, or some one on behalf of Mortgagee, setting forth the facts necessary to authorize the entry of such judgment, according to the terms of this Indenture, of which facts such affidavit shall be conclusive evidence. PROVIDED ALWAYS, that if the said Mortgagor, Mortgagors heirs and assigns, shall and do well and truly pay or cause NEVERTHELESS, t to be paid unto the said Mortgagee, its successors and assigns, the aforesaid debt together with interest as aforesaid, as set forth in the condition of this obligation, and does further satisfy and discharge the same, and the premiums of insurance aforesaid, and further will, during each and every year of the continuance of this Mortgage, comply with all conditions and requirements for or in respect to all taxes, water and sewer rents, charges or claims as aforesaid, all of which the said Mortgagor, for Mortgagors heirs and assigns, hereby expressly covenants, agrees to do and perform, [hen and from thenceforth, as well this present Indenture, and the estate hereby granted, as the said recited obliga- tion, shall become void of no effect, anything hereinbefore contained to the contrary notwithstanding. AND PROVIDED FURTHER, and it is 'hereby and thereby expresst'y covenanted and agreed that in the event there is more than one party named herein as a Mortgagor, -the singular word "Mortgagot ", whenever occuring herein, shall be deemed and �eemen s, and righs AND PROVIDED- FURTH 'ER, "41rai all giants, covenants, waivers, options, stipulations,' promises, undertakings, g benefits given to, and: obligations or�liabilitieslitnposed upon, each and all of said parties..hereto; shall inure. to and bind them jointly and severally and its, his, her and their, and, each of, their respective, heirs ,executors, administrators, successors and assigns. „ i as hereunto set hand and seal the day and year first above written. IN WITNESS WHEREOF, the said Mortgagor h Witness: 13 ll -------------- (SEAL) je!�� GIi -- ( ) -- SEAL TTE S PINSKI -- (SEAL — ---------- - (SEAL) BK 193 1 PS0993 COMMONWEALTH OF PENNSYLVANIA COUNTY OF PERRY } SS: On this 15th d ay of November Commonwealth, A. D. 2005 , before a Notary Public in and for said County and Personally appeared Tony E. Neidigh, unmarried and Jeanette R. Supinski, unmarried known to me (or saisfaaorily proven) to be the petson5 that they whose names are subscribed to the within instrument, and acknowledged executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal the day and year aforesaid. 1 Notary Ifublic ar My Commission Expires: NOTARIAL SERI Chi '� � ` �� ' SCOR W. MORRISON, NOTARP PU9LIC �'r� � ; � ft` �� ,c BLOOMflELD BORO. PERRYCOUNTY MY COMMISSION EXPIRES MA OOB J-.;t e ��, p t � '� I hereby certify that the precise address of the Mortgagee herein is P. 0. Box . 60 `. t Ypftsylvan of Shermans Dale, PA 17090 b o r1 ) Attorney for M rtgagee r N b v a to H y rl H O r—I rd z O x N QJ to I N CI 1.1.1 � b a cl 03 z lo Co Ln O R1 A E l •r•i .3 r-1 1 y C 0 CD u W E-4 W Ln � v O L p a w Pq r4 p 't AS � 0 3 3 a Y o � 00 I 1 3 d z h v •.a r-i 5° h S z ru M sa to o m Lu ' m z r( U ~ A �, " C7 z A ] d a . OMMONWEALTH OF PENNSYLVANIA }SS: COUNTY RECORDED in the Office for Recording of Deeds, Mortgages, etc., in aced for the County of in Mortgage Hook VoL p WITNESS MY HAND and Seal-of Office this — day of coo Domino K 193 1 PG0994 BEING Lot No. 2 of the above referred to Plan of Lots and containing 20.320 acres and having thereon erected a brick dwelling, frame barn and several outbuildings. Count y O Cc 6�oa a fage �T6g Jr. recorded in Cumberland BEING the same property conveyed to Mortgagor by deed of Flo H. Carpenter widow ' dated August 7, 2001 and recorded in Cumberland County Deed Book 247 at Page 4060, A I Certiffy this tC be rec:,�,rde 'in Cumberland 'cunt; until , J NOTICE OF INTENTION TO FORECLOSE MORTGAGE Loan Number: Date of Notice: June 6, 2013 To: TONY E NEIDIGH The MORTGAGE held by THE BANK OF LANDISBURG (hereinafter we, us or ours) on your property located at 1133 HARRISBURG PIKE CARLISLE, PA. 17013 IS IN SERIOUS DEFAULT because you have not made the bi- weekly payments of $ 575.00 for the dates of 3/15/13, 3/29/13, 4/12/13 4/26/13, 5/10/13, & 5/24/13. Late charges and other charges have also accrued to this date in the amount of $ 28.75. 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 $3,163.75. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3,163.75. 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 any Bank office located at 100 N Carlisle Street, Landisburg, PA 17040, 5125 Spring Road, Shermans Dale, PA 17090, or 242 E Main Street, Blain PA 17006. If you do not cure the default within THIRTY (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 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 and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be ( Sepember 30, 2013 ). 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 will increase the longer you wait. Your may find out at any time exactly what the required payment will be by calling us at the following number: 717 - 789 -3213. 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 should realize that a Sheriffs sale will end your ownership of the mortgage property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. Your 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. 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. Title ACT 91 NOTICE Date: _ June 6, 2013 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE -: This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information out the nature of the default is provided in the attached gages. The HOMEOWNERS'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If You have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO ENSU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): TONY E NEIDIGH PROPERTY ADDRESS: 1133 HARRISBURG PIKE CARLISLE, PA. 17013 LOAN ACCOUNT NUMBER: 3412202 ORIGINAL LENDER: The Bank of Landisburg CURRENT LENDER/SERVICER: The Bank of Landisburg HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTOL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE . 7 - Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face -to -face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to -face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face to face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATON FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on our application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property : 1133 HARRISBURG PIKE CARLISLE, PA. 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE BI- WEEKLY MORTGAGE PAYMENTS OF $575.00 FROM 3/15/13, 3/29/13, 4/12/13, 4/26/13, 5/10/13, & 5/24/13. Other charges (explainAtemize): TOTAL AMOUNT PAST DUE: $ 3,163.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,163.75 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made oavable and sent to: The Bank of Landisburg P. 0. Box 179 Landisburg, PA 17040 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of the Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorneys fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately three (3) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: The Bank of Landisburg Address: 100 North Carlisle Street P. O. Box 179 Landisburg, PA 17040 Phone number: 717- 789 -3213 Fax number: 717 - 7894702 Contact person: Roger Blumenschein MLO# 764483 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may not sell or transfer you home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS OF Western PA., Inc. Loveship, Inc. Maranatha Adams Co Interfaith Housing Authority 2000 Linglestown Road 2320 North Fifth Street 43 Philadelphia Ave. 40 East High Street Phone: 888 - 511 -2227 Phone: 717- 232 -2207 Phone 717- 762 -3285 Phone717- 334 -1518 Huntingdon County Housing Services Community Action Commission of PHFA Weatherization Inc. The Capital Region 211 North Front Street 917 Mifflin Street 1514 Deny Street Harrisburg, PA 17110 Huntingdon, PA 16652 Harrisburg, PA 17104 Phone: 717 - 780 -3940 Phone: 814 - 643 -343 Phone: 717 - 232 -9757 Toll Free: 800 -342 -2397 Toll Free: 877- 984 -7462 Fax: 717 -234 -2227 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Loan Number: To: JEANETTE R SUPINSKI Date of Notice: June 6, 2013 The MORTGAGE held by THE BANK OF LANDISBURG (hereinafter we, us or ours) on your property located at 1133 HARRISBURG PIKE CARLISLE, PA. 17013 IS IN SERIOUS DEFAULT because you have not made the bi- weekly payments of $ 575.00 for the dates of 3/15/13, 3/29/13, 4/12/13, 4/26/13, 5/10/13, & 5/24/13. Late charges and other charges have also accrued to this date in the amount of $ 28.75. 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 $3,163.75. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3,163.75. 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 any Bank office located at 100 N Carlisle Street, Landisburg, PA 17040, 5125 Spring Road, Shermans Dale, PA 17090, or 242 E Main Street, Blain PA 17006. If you do not cure the default within THIRTY (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 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 and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be ( Sepember 30, 2013 ). 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 will increase the longer you wait. Your may find out at any time exactly what the required payment will be by calling us at the following number: 717 - 789 -3213. 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 should realize that a Sheriffs sale will end your ownership of the mortgage property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. Your 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. 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 yqur default more than three times in any calendar year. I ( 1= 4711 r Title ACT 91 NOTICE Date: _ June 6, 2013 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO ENSU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JEANETTE R SUPINSKI PROPERTY ADDRESS: 1133 HARRISBURG PIKE CARLISLE, PA. 17013 LOAN ACCOUNT NUMBER: 3412202 ORIGINAL LENDER: The Bank of Landisburg CURRENT LENDER/SERVICER: The Bank of Landisburg HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTOL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE. Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATON FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be noted directly by the Pennsylvania Housing Finance Agency of its decision on our application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property: 1133 HARRISBURG PIKE CARLISLE, PA. 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE BI- WEEKLY MORTGAGE PAYMENTS OF $575.00 FROM 3/15/13,3/29/13,4/12/13, 4/26/13, 5110/13, & 5/24/13. Other charges (explainitemize): TOTAL AMOUNT PAST DUE: $ 3,163.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,163.75 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: The Bank of Landisburg P. 0. Box 179 Landisburg, PA 17040 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of the Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON —The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately three (3) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: The Bank of Landisburg Address: 100 North Cariisle Street P. O. Box 179 Landisburg, PA 17040 Phone number: 717- 789 -3213 Fax number: 717- 789 -4702 Contact person: Roger Blumenschein MLO# 764483 EFFECT OF SHERIFF'S SALE You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may not sell or transfer you home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION LINER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS OF Western PA., Inc. Loveship, Inc. Maranatha Adams Co Interfaith Housing Authority 2000 Linglestown Road 2320 North Fifth Street 43 Philadelphia Ave. 40 East High Street Phone: 888- 511 -2227 Phone: 717- 232 -2207 Phone 717- 762 -3285 Phone717- 334 -1518 Huntingdon County Housing Services Community Action Commission of PHFA Weatherization Inc. The Capital Region 211 North Front Street 917 Mifflin Street 1514 Derry Street Harrisburg, PA 17110 Huntingdon, PA 16652 Harrisburg, PA 17104 Phone: 717- 780 -3940 Phone: 814 -643 -343 Phone: 717- 232 -9757 Toll Free: 800 -342 -2397 Toll Free: 877 - 984 -7462 Fax: 717 -234 -2227 CERTIFIED MAIL.HECEIPT' CC .. O nly; Cl M OFFICIAL Us Postage $ . 46 \ �4 "' Certified Fee 3.10 �oe �p Return Receipt Fee r Here ^, ' C:1 Endorsement Required) 2.55 jjj i C3 Restricted Delivery Fee 1 (Endorsement Required) y a . . Ln Total Postage & Fees $ 6.11 U r-q Sent To r-q JEANETTE_ R__SUPINSKI ----- P' Street. APL 140:; o �,p 0 or PO Box N o. 158 B STREET `- - City State. Y %P+4 --- ----°° °-- ---- � CARLISLE PA. 17013 Po stal PS Form 3800, August 2006 Se6 Reversp W� CERTIFIED MAIL. RECEIPT Er nce coverage Provided) ro ( Dom tic mail o nly; r3 ' N . OFFICIAL USE C3 Postage $ .46 ru Certified Fee 3.10 , ' • Postman r p Retum Receipt Fee jr" - Here C3 (Endorsement Required) 2. ; ! C3 Restricted Delivery Fee i 3 (Endorsement Required) 1i C3 /; Ln r`- Total Postage & Fees $ 6.11 � =p / r� = T o T- TE-. R-- j!?MSU------------------- - - - - -- 133 HARRISBURG PIKE------ _----------- - - - - -- - - - - - -- RLISLE PA. 17013 Po stal CERTIFIED MAIL. RECEIP ( O nly; M L USE r�- ° Posta $ .46 co `; G ?-\ fl I Certified Fee 3 .10 ru v P �`` Y Return Receipt Fee j Here J } C3 (Endorsement Required) 2 .55 _� ._�( � of Restricted Delivery Fee (Endorsement Required) � J Q \ ! Total Postage & Fees � us P S Sent To TONY_ E _ NEIDIGH--------------------------------------------- Sheet, ApL i --- 0 or PO Box No- 1133.HARRISBURG_ PIKE--------------------------- N -- . Cd tate, ZIP +4 A. 17n1 3 :rr rr. i SECTI MW- D ELIVERY ■ Complete Items • 1; 2; and 3 Also complete— d �A Sig nature�,'ty Item 4 If Restridted Delivery is desired:. C] Agent . E. Odnf yot r name and address on . the reverse , - X ❑Addressee. so that we c an:retum the Card to you B. Received by (Printed Hama) . Date of Delivery ■ Attach this card to the back'of; fhe mallp*% or on the front ff space permit's.: t _ t. Article Addressed. to: D. Is delivery address different from Rem 1? • P Yes If. YES,- enter delivery address below: E3 No TONY E NEIDIGH 1133 MRRISBURG PIKE CARLISLL, PA. 17013 s: Service Type f bertlfied Mall M Express Mail 0' Registered ❑ Return Receipt for Merchandise [].Insured Mail 13 C.C.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article rfrom Numbe 7011 .1570 0002 2807 3196 (Trarrsfer from serv l Ps Form 381:1, �eb'niarjl 2004 ` s ; ;Domestic Return Receipt to25s5 02•M -7540 I J C 1 _ The 16anlZof Landisbur Y` P. O. BOX 179,1 LANDISBURG, PA 17040 -0179 7011 1570 0002 2807 3158 US E ��ry �L 1n�krE - F Ic JEANETTE R SUPINSKI 158 B STREET CARLISLE, PA. 17013 1-7157 DE— 10- 000,7 / I 1 - a RETURN TO SENDER UNCLAIMED rt T OR 1.. A I] V lY tS tiJ L L f V 1 VI\ YV "ri l\ V I 8 1-7040017979 P ,(P a �; -• �4 ft.1 - : } :.:::;.� - .; - t B..i. . - .a »;} : :'. ii.�'....�..�„a .. J _ • SE • • ■ Complete Items 1, 2, and 3. Also complete A. Signature I Item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name address on the reverse X Or Addressee i i so that we can return the card to you. .13. ' Recelyed by (Printed Name) C. Date of Delivery I ■ Attach this card to the back of the mallpiece, or on the front .If space permits. D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below:, O No I JEANE=,R. SLIPTNSKZ t 15 ;; B ' S`T MFT i CAR ISU, . PA. 17013, 3. Service Type i ff-Certified,Mall CI Express Mall. i { O Registered CI Return Receipt for Merchandise '- 0 insured Mail O G.O.D. I 4. Restricted. Dellyery?, (6" Feb) 13 Yes 2. Article Number -- y (rtanster from service lads 7 011 15-70 2807 315 8 PS Form,3811, February 2004 .Domestic Return Receipt 10Z595 -02 -W 540 ., FORM 1 The Bank Of Landisburg IN THE COURT OF COMMON PLEAS OF C CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) .M M cn r✓ � �,a �� vs. > p L r...r— ­4 Tony Neidigh and Jeanette R. Supinski < CD CD �p sy C:) C� Defendant(s) / Civil _ 1 s- NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: September 17 20 ` Date Sign re of ' C unsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: _ Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3, Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: f� �1 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: _ AUTHORIZATION I /We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 7 Sheriff x Jody S Smith Chief 1 r Chief Deputy `'' f Richard W Stewart UABE�[ n �D, CO"N" � Solicitor .:rp f,, THE$"ERWW P tE N N S Y VA' M + The Bank of Landisburg Case Number vs Tony E Neidigh (et al.) 2013-5482 SHERIFF'S RETURN OF SERVICE 09/30/2013 03:06 PM-Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Def dant,to wit: Jeanette Supinski at 158 B Street, Carlisle Borough, Carlisle, PA 17013. l�C� VKtIAM LINE, DEPUTY 10/03/2013 01:14 PM-Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Randy Neidigh, Brother,who cepted as"Adult Person in Charge"for Tony E Neidigh at 1133 Harrisburg Pike, Middlesex T nsh' , Carlisle, PA 17015. r WILLIAM CLINE, DE SHERIFF COST: $64.80 SO ANSWERS, October 07, 2013 RON R ANDERSON, SHERIFF fl)CcuntYSui e Sheriff..I"loose*t.i..,,. Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 e z (717) 232-5000 (1 -- F-- (717) 236-1816 (fax) 4--' mlvanderau @mette.com y (7, Attorneys for Plaintiff -- -F THE BANK OF LANDISBURG, • IN THE COURT OF COMMON PLEAS 6 Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • TONY NEIDIGH and JEANETTE R. • DOCKET NO. 13-5482 SUPINSKI, • Defendants • PRAECIPE TO SETTLE, END AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended and discontinued. Respectfully submitted, METTE, EVANS & WOODSIDE By: Mel ie L. Vanderau, Esquire Sup. Ct. I.D. No. 203167 Date: October 11, 2013 Attorneys for Plaintiff CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Tony Neidigh Jeanette R. Supinski 1133 Harrisburg Pike 158 B Street Carlisle, PA 17013. Carlisle, PA 17013 Respectfully submitted, METTE, EVANS & WOODSIDE By: 1410/j M L. Vanderau, Esquire Sup. Ct. I.D. No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: October 11, 2013 Attorneys for Plaintiff 67508lv1