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HomeMy WebLinkAbout13-5662 t Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County ) � e_ � � 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 ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff s Name: EverBank Lead Defendant's Name: Dodd Burger; Christine C Burger a/k/a Christine M. Burger n/k/a Christine Zeller T Dollar Amount Requested: within arbitration limits I Are money damages requested ?: ❑ Yes ® No Check one) ) ®outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Christopher A. DeNardo, Esquire ❑ 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S E] Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination B' ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other f Zoning Board C F1 Other: T ❑ Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111/1011 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 C A I --4 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 rn cry KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 . AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3'-- v 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044028 COURT OF COMMON PLEAS EverBank ` w PLAINTIFF � CIVIL DIVISION CUMBERLAND COUNTY VS. S ll� ISJ� Dodd Burger 16 Honeysuckle Drive Mechanicsburg, PA 17050 Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller 16 Honeysuckle Drive Mechanicsburg, PA 17050 DEFENDANTS ; COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE 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. 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0� NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECRA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044028 EverBank COURT OF COMMON PLEAS PLAINTIFF ; CIVIL DIVISION CUMBERLAND COUNTY VS. 13, / NO: S( 1f1(1�oS Dodd Burger 16 Honeysuckle Drive Mechanicsburg, PA 17050 Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller 16 Honeysuckle Drive Mechanicsburg, PA 17050 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 301 West Bay Street, Jacksonville, Florida 32202, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB its successors and assigns Mortgagor(s) Dodd Burger and Christine M. Burger (b) Date of Mortgage June 3, 2008 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Document ID# 200822690 Date: July 3, 2008 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP Date of Assignment: May 28, 2012 Recording Date: June 11, 2012 Instrument No.: 201217295 Assignor: Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP Assignee: EverBank Date of Assignment: June 6, 2013 Recording Date: June 24, 2013 Instrument No.: 201320612 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property which is subject to the Mortgage is generally known as 16 Honeysuckle Drive, Mechanicsburg, PA 17050 and is more specifically described as attached as part of Exhibit "A ". 4. The legal description included in the recorded mortgage contains a scrivener's error. The correct legal description is included in the recorded deed. A true and correct copy is attached as Exhibit "B ". 5. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note "). A true and correct copy of the Note is attached and marked as Exhibit "C ". 6. The names and mailing addresses of the Defendants are: Dodd Burger, 16 Honeysuckle Drive, Mechanicsburg, PA 17050 and Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller, 16 Honeysuckle Drive, Mechanicsburg, PA 17050. 7. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2012 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 9. The following amounts are due as of September 1, 2013: Principal Balance Due $164,582.26 Interest Currently Due and Owing at 6.5% $10,697.88 l From September 1, 2012 through September 1, 2013 Late Charges $1,226.61 Escrow Advances $3,043.75 Property Inspection $60.00 Corporate Advance $15.00 TOTAL $179,625.50 10. Interest continues to accrue for each month that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 11. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 12. Notice of Intention to Foreclose with the information required pursuant to 41 P.S. § 403 commonly known as Act 6 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "D ". 13. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707- 1715z -18). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 9 and 10, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: BY: Atto e s for ai t' f S & D File No. 13- 044028 09- 11 -'13 14;49 T -065 P0011/0037 F -930 l� Prepared By: CHRISTINE CAPOBIANCO COUNTRYWIDE BANK, FSB 2512 EASTERN BOULEVARD #25 YORK PA 17402 After Recording Return To; COUNTRYWIDE BANK, FSB MS SV -79 DOCUMENT PROCESSING P.O,Box 10423 Van Nuys, CA 91410-0423 Parcel Number 111 Premiscs: 16 HONEYSUCKLE DR MECHANICSBURG PA 170503167 [Space Above This Line For Recording Data] [Case] [Doc ID #1 Commonwe ah of Pennsylvania MORTGAGE ] Case No. MIN i THIS MORTGAGE ( "Security Instrument ") is given on JU 03, 2 0 0 8 FHA Pennsylvania Mortgage with MERS - 4188 MERS FHA Mortgage-PA 1004N -PA (11107)(d!i) Pape 1 of 10 Amended 6142 __..._. —._� 23991' l � � s a 09- 11 -'13 14:45 T -065 P0012/0037 F -930 CASE #: _ DOC ID ___ - - - - -- The Mortgagor is DODD BURGER, AND CHRISTINE M BURGER, HUSBAND AND WIFE ( "Borrower "). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ( " MERS "), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2M, to]. (888) 679 -MFRS. COUNTRYWIDE BANK, FSB ( "Lender ") is organized and existing under the laws of THE UNITED STATES , and has an address of 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 Borrower owes Lender the principal sum of ONE HUNDRED SEVENTY THREE THOUSAND FIVE HUNDRED SIXTY FIVE and 00 /x00 Dollars (U.S. $ 173, 565.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JULY 01, 2038 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to M$RS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in CUMBERLAND County, Pennsylvania: !! ERS FHA Mortgage -PA 1004N -PA (11/07) Page 2 of 10 09- 11 -'13 14:5 T -065 P0013/0037 F -930 CASE #: 3 DOC ID SEE EXHIBIT "A ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 16 HONEYSUCKLE DR, MECHANICSBURG (Sweet. Cityl Pennsylvania 17050 -3167 ("Property Address "); (tip co&) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MFRS, (as nominee for Lender and Venders successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized 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 warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nowurdform covenants with limited variations by jurisdiction m constitute a uniform security instrument covering real Property Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and. interest on, the debt evidenced by the Note and late charges due under the Note. 2. Mouft Payment of Taxes, Insurance and Other Charges, Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the `1 ERS FHA Mortgaga-PA 1004N -PA (11/07) Pago 3 of 10 09- 11 -'13 14;50 T -065 P0014/0037 F -930 CASE #: Z DOC ID #: ___________ Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Mveloptnent ( "Secretary "), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Punds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may bts required for Borrower's escrow account under the heal Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CVR part 3500, as they may be amended from time to time ( "RESPA "), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. if the amounts of finds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as pgxmi&A by RESPA, The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. if Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure We of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (e), 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: st to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third to interest due under the Note; Foggib to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. ]Fire, Flood and Other Hazard Ilnsuranct, Borrower shall insure all improvements on the property, whether now in existence or subsequently erected, against any hazards, casualties, and eontingencics, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shalt be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, 'Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not trade promptly by Borrower, Each insurance company concerned is hereby authorized and directed to matte payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application -HERS FHA Mortgage-PA 1004N -PA (11107) Page 4 of 10 09- 11 -'13 14:50 T -065 P0015/0037 F -930 CASE #: __. 3 DOC ro #: ` of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be, paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S. Ocewpancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leasebolds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later We or transfer of due Property) and shall continue to occupy the Property as Borrower's principal residence for at least One, year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the property or allow the property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially Use or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidonoed by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Prop" as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. 'Me proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which arc referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lenders interest in the property, upon Lenders request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Under's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. H ERS FHA Mortgage -PA 1004N-PA (11 /07) Paga 5 of 10 09- 11 -'13 14;50 T -065 P0016/0037 F -930 CAS13 # : 3 DOC ID $ Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall boor interest from the date of disbursement, at the Note rate, and at the option of Leader, shall be immediately duo and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender demmines that any pan of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 14 days of the giving of notice. 8. Fever. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleratiou of Debt. (a) Default. Lender may, except as limited by roguladons issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if. (i) Borrower defaults by failing to pay in full any monthly payment requirtd by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument, (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn -SL Germain Depository Institutions Act of 1982, 12 U.S.C. 170li -3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument it (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (e) No 'Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, tender does not waive im rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the NOW are not determined to be eligible for insurance, under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authori2e4 agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclasivo proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. — ---- MERS FHA MonWe•PA 1004N•PA (11/07) Page 8 of 10 09- 11 —`13 14.50 T -065 P0017/0037 F -930 CASE #: ------ - -•_ -! DOC ID #: - - - - -- 10. Reinstatement; Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security instrument. This right applies even after foreclosure proceedings arc instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Tender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. X1. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest, Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exorcise of any right or remedy. 12. Successors and Assigns Botrad; Joint and Several Viability; Co- Slgners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or matte any accommodations with regard to the terms of this Security Instrument or the Note without that 'Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by First class mail' unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Sever*buity. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the, Property is located. In the evert that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument Iii, Haza dous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall H ERS FHA Mortgage -PA 1004N -PA (11107) Page 7 of 10 09- 11 -'13 14:51 T -065 P0018/0037 F -930 CASE # 3 DOC ID #: not apply to the pmamee, use, or atorage on the Property of small quantities of Hazardous Substances that are gcouvily recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Leader written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other rcmadiation of any hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" arc those substannces defined as toxic or hazardous substances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As need in this paragraph 16, "Fnvirontnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Recta. To the extent permitted by applicable law, Borrower unconditionally assigns and transfers to Deader all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. however, prior to Lender's notice to Borrower of Borrower's breach of any covenant or ag reement in the Security Instrument, Borrower shall collect and receive all reacts and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of tents constitutes an absolute assignment and not an assignment for additional security only, If Leader gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled w collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lenders agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower, However. Leader or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security IrusWment is paid in full, 18. Foreelosare Procedure, if Lender requires immediate payment in full under paragraph 9, Lender way foredose tbis Security Instr went by judicial proceeding and invoke any other remedies perudned by applicable law. Lender small be entitled to collect all wenses incurred in pursuing the remedies provided In this paragraph 18, Including, but not limited to, attorneys' fees and costa of title evtdenta If the LeWdett's interest in this Security Instrument Is held by the Secretary and the Secretary requires lwraedlate payment in %n under Paragraph 9, the Secretary may invoke the nonjudlcW power of We provided in the Single Fampy Mortgage Foretiusure Act of 1994 ( "Act ") (12 U.S.C, 3751 et seq.) by irapestlag a foreclosee conmWoner designated 1lnder the Act to commence foreclosure and to sell the Property as provided to the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights Nherwhe available to a Lender under this paragraph 18 or applicable law. M ERS MiA Mor4aW. -A.. Page 8 of 10 1004WPA (11/07) 09- 11 -'13 14:5' T -065 P0019/0037 F -930 CASE #: DOC ID #; 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrumcat and the estate conveyed shall tcaminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error Or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other We pursuant to this Security Instrument. 22, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tine to the property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall bo incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable, box(es)). © Condominium Rader © Growing Equity Rider ❑ Planned Unit Development Rider 0 Graduated payment hider Other [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower d recorded with it. A At 'Ild UNIrl (Seal) LO E Borrower •�/y1Q (Seal) Uil:aVI M. BURGER V Borrower (Seal) -'Borrower (Seal) - Borrower — M ERS FHA MortgaWPA 1004N -PA (1 f101) Page 9 of 10 09- 11 -'13 14:51 T -065 P0020/0037 F -930 CASE DOC ID COMMONWEALTH OF PENNSYLVANIA, I `m &�Q U ,,, County fig: On this, r� day f 4 M. fore the undersigned officer, personally appeared known to the (or satisfactorily proven) to be the person(s) whose name(s) Ware subscribed to the within instrument ad acknowledged that heMkOthey executed the same for the purposes herein contained. IN WITNESS W EMOV, I hereunto act nvy hand and offici al. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Title of Officer NO -.TRIAL SEAL Dawn Marie Shoop, Notary Public Cadisle Bpro•, CumborlandCounty My Commission Expires May 17, 2008 Ce)r�CA CS111CnCe I, fl s� , do hereby certify that the correct addrass of the within -na Mortgagee isP. Hox 202 , Flint, MI 48501 20?6. Wimp -ss my hand this , ;? (� day of �^ U Age agcc MERE FHA Mortgage -PA 1004N -PA (11/07) Page 10 of 10 09- 11 -'13 14:51 T -065 P0021/0037 F -930 Exhibit A ALL THAT CERTAIN lot or piece of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision plan for Mulberry Crossing, Section Two, Wynnewood West Development Company, as prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 47, Page 52, and more particularly described as follows: .BEGINNING at a point on the right of way line of Honeysuckle Drive, at the dividing line between Lot Nos. 149 and 148, as shown on the aforementioned Subdivision Plan; thence along said right of way line, South 58 degrees 22 minutes 36 seconds East a distance of 68.50 feet to a point at the dividing line between Lot Nos. 148 and 147; thence along same, South 31 degrees 37 minutes 24 seconds West, a distance of 137.00 feet to a point; thence North 58 degrees 22 minutes 36 seconds 'West, a distance of 58.50 feet to a point at the dividing line between Lot Nos. 148 and 149; thence along same, North 31 degrees 37 minutes 24 seconds East, a distance of 137.00 feet to a point and place of BEGINNING. BEING Lot No. 148 on' the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Two, Wynnewood West Development Company. 09- 11 -'13 14:5' T -065 P0022/0037 F -930 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 w 717 240 -6370 ' Instrument Number - 200822690 Recorded On 7/3/2008 At 11:07:56 AM * Total Pages -12 * Instrument Type - MORTGAGE Invoice Number - 24433 User ID - MBL * Mortgagor - BURGER, DODD * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - MADISON SETTLEMENT SERVICES * FEES STATE WRIT VAX $0. Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES - $25.5 REC OF DEEDS This page is n ow part AFFORDABLE HOUSING $11.50 COUNTY ARCHIVE FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $52.50 Y Certify this to be recorded in Cumberland County PA C , RECoR�az<rR o o gas " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOO # IIII I�I ��Il��lilll# I I41���IfI 1� 09- 11 -'13 14;4! T -065 P0007/0037 F -930 `1. cl ROBERT P. ZIE''X ZOOS JUN TAX PARCEL NO. 38 -21- 0289 -10 MADE THE day of �� r]Q!__._ in the year two thousand six (2006) DB7W=N JOHN S. BOICK and ROSE MARIE ROICK, husband and wife, of Mechanicsburg, Pennsylvania, and PETER J. RICHER and ALICE C. RICHER, husband and wife, Norwood, Massachusetts, Grantors, AND DODD BURGER and CHRISTINE M. BURGER, husband and wife, of Middletown, Pennsylvania, Grantees, witrioMaCM, that in consideration of ONE HUNDRED SEVENTY THOUSAND FIVE HUNDRED ------------------------------------------------ ($170,500-00) ----- - - - -- ------------------------------ - - - -($ 170, 500. 00 ) - - - -- --- - - - - -- - - - - -- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns, ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section Two, Wynnewood West Development Company, as prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 47, Page 52, and more particularly described as follows; BEGINNING at a point on the right -of -way line of Honeysucklc Drive, at the dividing line between Lots Nos. 149 and 148, as shown on the aforementioned Subdivision thence along said right-of-way line,' South 58 degrees 22 minutes 36 secorids East, a distance of 68.50 feet to a point at the dividing line between Lots Nos. 148 and 147; thence along same, South 31 degrees 37 minutes 24 seconds West, a distance of 137.00 feet to a point; thence North 58 degrees 22 minutes 36 seconds West, a distance of 68,50 feet to a point at the dividing line between hots Nos. 148 and 149; thence along same, North 31 degrees 37 minutes 24 seconds East, a distance of 137.00 feet to the point and place of BEGINNING. BEING Lot No. 148 on the aforementioned Final Subdivision Plan for Mulberry Crossing, — Section Two, Wynnewood West Development Company. BOOK 275 PACE:t . x 09- 11 -'13 14;4 T -065 P0008/0037 F -930 CONTAINING 9,384 square feet, more ar less. UNDER AND SUBJECT to a sanitary sewer and storm sewer easement, as well as other easements, act back line and conditions as shown on the aforementioned Final Subdivision Plan, and restrictions as set forth in the Declaration of Wynnewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. BEING known and numbered as 16 Honeysuckle Drive, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Carmela E. Appleton, widow, and Rosemarie Fairchild Boick, also known as Rose Marie Boick, married woman, and Alice Carmen Appleton - Richer, also known as Alice C. Richer, by Deed dated April S, 1997, and recorded April 25, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed . Book 156, Page 465, granted and conveyed unto Rose Marie Boick, married woman, and Alice C. Richer, married woman. John S. Hoick, husband of Rose Marie Boick, and Peter J. Richer, husband of Alice C. Richer, join in this conveyance to divest all right, title and interest in said property- Erroneously omit in prior deed. • 09- 11 -'13 14:49 T -065 P0009/0037 F -930 AXV the said grantors do hereby Warrant SP A the Property h =by conveyed. jN WT1a= WjjWW1r, said grantors have hereunto set their hand and seal the day and year first above written. ad, assUd and red in th PreNaa f A ,7 ,d4N S. BOICK X5 4 Pii J. RI R ALICE C. RICHER STATE OF COUNTY OF On this, the W 4 daY of , 2006, before me, a Notary public, the undersigned officer, personally appeared JOHN S. BOICK and ROSE MARIE SOICK, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed sane for the Purposes therein contained. f IN wmaw WzMPZOP, I hereunto set MY hand d fficial seal. 1 (spa Notary lic 0W. P "c d 09- 11 -'13 14;49 T -065 P0010/0037 F -930 COUNTY OF STA79 OF - _ _ day of , 2006, before me, a On this. the a aced p R J. RICHER and ALICE C. Notary public, the unders�iped officer, per ppe sonally RiCHM his wife, known to me or satisfactorily Proven) to be the persons whose names are subscribed to the within instrwnent, and acknowledged that they executed same for the pure ws therein contained. IW W ITIJIM WZjffdWOF, I hereunto set my hand an cial seal. (SUL) otary h� t101sy CBRTOFZCATZ Or I do hereby certify that the precise residence of the within named grantee(s) is: & ILZ k ey/ g AgeAtfor Grantees) Gg a• o �y� 0 I s - -. BOOK �� p,�� � � '"• -, E3 0 35a�35 g Prepared by: CHRISTINE CAPOSIANCO Multistate NOTE _ -. FHA Cacw Nn , LOAN #: JUNE 03, 2008 [Date) 16 HONEYSUCKLE DR, MECHANICSBURG, PA 17050 -3167 (Property Address) L PARTIES "Borrower" means each person signing at the end of this Note, and the persons successors and assigns. "Under" means COUNTRYWIDE BANK, FSB and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED SEVENTY THREE THOUSAND FIVE HUNDRED SIXTY FIVE and 00 /100 Dollars (U.S. $173, 565.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX & ONE - HALF percent ( 6.500 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a Mortgage, Deed of Trust or similar security instrument that is dated the same date as this Note and called the "Security Insdvment" The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on AUGUST 01, 2008 Any principal and interest remaining on the first day of JULY, 2038 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at P.O. Box 660694, Dallas, TX 75266 -0694 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and Interest Will be in the amount of U.S. $1, 09 7.05 This amount wit) be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executyd by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a pan of this Note. [Check applicable box] ❑ Graduated Payment Allonge ❑ Growing Equity Allonge ❑ Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in pan, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6 BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the frill monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.000%) of the overdue amount of each payment (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of F Fixed Rate Note 2001 R -XX (04/07)(d4) Page 1 of 2 FHA Whistate Fixed Rate Note - 10/85 • 2 3 9 9 1 Fxhi /0 1 , �G' n • ^., CASE #: LOAN #: payment defaults. This Note does not authorize acceleration when riot permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in frill, as "cribed above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law, Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. 'Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises trade in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the teams and covenants contained in this Note. A/m, /. , , �f (Seal) DOD E - Borrower (Seal) CHRISTINE M. BURGER - Borrower DE OF (Seal) - Borrower WMiOUTRECOURSE BANKOFAMERICA,NA. WTO1tIEOMMOf (Seal) � A N.� � v Borrower MN RECOIO twtEtali'ftlFt CilQ4wnELVKFS ?i6W161 tlisFt lli iNt•Rlt LAM M g@iORYICER1fSfJ@]1 F Fixed Rate Note 2001R.XX (04107) Page 2 o 2 FHA Multistate Fixed Rato We • 10/96 o Everhome MORTGAGE June 05, 2013 Dodd Burger 624 Heritage CT Mechanicsburg, PA 17050 - Re: Mortgage Holder:EverBank •Mortgage,Servicer Everhome.Mortgage. Loan No. Property Address: 16 Honeysuckle Dr, Mechanicsburg PA 17050 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: The MORTGAGE held by EverBank (hereinafter we, us or ours) on your' property located at 16 Honeysuckle Dr Mechanicsburg PA 17050 IS IN,SERIOUS DEFAULT because you have not made the monthly payments of $ 1,387.94'for October 01, 2012 through the date of this letter. Late.-charges and other charges have also accured to this date. 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 13,551.51 Monthly Payments Totaling: $ 12,491.46 Late Fees Totaling: $ 1,060.05 Other Fees Totaling: $.00 Suspense Balance: -$.00 Total Amount Past Due: $ 13551.51 You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to us the above amount of $ 13,551.51 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made by either cash, cashier's check, certified check or money order and.made payable to $verhome Mortgage and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353 -0579 DELIVERED TO: 301 W. Bay Street, Jacksonville, FL 32202 Page 1 of 3 I IFHSOfIMA S , E verho me MORTGAGE 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. Iff 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 aortgaged,.debt.If we. refer your case to our attorneys but you cure the default before they begin legal•''proceeaings against you, .you'•sill 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. Igf 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 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 Sheriff's 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 Sheriff's sale could be held would be approximately six months. A notice of the date of the Sheriff's 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 will be by calling us at the following number 800 - 669 -7724. This payment must be made in cash, cashier's check, certified check or money order made payable to us at the address stated above. Page 2 of 3 11 E H 50005.'I E verho me MORTGAGE You should realize that a Sheriff's sale will end your ownership of the mortgaged 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. 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 THE 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 SCYER OR TRANSFVAEE WHO GJILL ASSNE' 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 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. Sincerely, Everhome Mortgage Homeowner Solutions Group 1 -800- 669 -7724 Everhome Mortgage is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. DR325 Page 3 of 3 11 EHSO00i.1 Everhome MORTGAGE Uhited States Department of Housing and Urban Development Serviceneobers Civil Relief Act (SCRA) Notice Legal. -Rights 4nd P7ro�ections • Unde; the SCRA Serv'icemembers on "active duty" or "active or a spouse or ' dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. 501- 597b)(SCRA). Who May Be Entitled to Legal Protections Under the SCRA? - Regular members of the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard). - Reserve and National Guard personnel who have been activated and are on Federal active duty. - National Guard personnel under-call-or order to active duty -tor more.than 30 consecutive days under section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds. - Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration. - Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? - The SCRA states that a debt incurred by a servicemember, or a servicemember and spouse jointly, prior to entering the military service shall not bear interest at a rate above 6% during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage, or during the period of military service in the case of any other obligation or liability. - The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one year after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within one year after the servicemember's military service unless the creditor has obtained a valid court order approving the sale, foreclosure, or seizure of the real estate. - The SCRA contains many other protections besides those applicable to home loans. IIFHS000S.1 t y E verhome MORTGAGE Hoar Does A Servicemember or Dependent Request Relief Under the SCRA? In order to request relief under the SCRA from loans with interest rates above 6 %, a servicemember or spouse must provide a written request to the lender, together with a copy of the servicemember's military orders. Everhome Mortgage, 301 W. Hay Street, Jacksonville, FL 32202. Phone: 1 -800 -669 - 7724.., There'is no requirement under the SCRA, however, for a 6erviceinember to provide a written notice or a copy of a servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances, lenders should inquire about the military status of a person by searching the Department of Defense's Defense Manpower Data Center's website, contacting the servicemember, and examining their files for indicia of military service. Although there is no requirement for servicemembers to alert the lender of their status in these situations, it is still a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? - Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at: http : / /legalassistance.law.af.mil /content /locator /php "Military OneSource" is the U.S. Department of Defense's information resource. If you are listed as entitled to legal protections under the SCRA (see above), please go to: www.militaryonesource.com /sera or call 1(800)342 -9647 (toll free from the United States) to find out more information. Dialing instructions for areas outside the United States are provided on the website. SCRA Insert itEHSO005.7 E verhome MORTGAGE June 05, 2013 Christine M Burger 16 Honeysuckle Dr Mechanicsburg PA 17050 Re: Mortgage Holder;EverBank Mortgage Servicer•: Everhome Mortgage Loan No. Property Address: 16 Honeysuckle Dr, Mechanicsburg PA 17050 XDTXCS OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: The MORTGAGE held by EverBank (hereinafter we, us or ours) on your property located at 16..Honeysuckle Dr Mechanicsburg PA.17050 SERIOUS DEFAULT because you have - not made the monthly payments of $ 1,387.94 for October 01, 2012 through the date of this letter. Late charges and other charges have also accured to this date. 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 13,551.51 Monthly Payments Totaling: $ 12,491.46 Late Fees Totaling: $ 1,060.05 Other Fees Totaling: $.00 Suspense Balance: -$.00 Total Amount Past Due: $ 13551.51 You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to us the above amount of $ 13,551.51 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made by either cash, cashier's check, certified check or money order and made payable to Everhome Mortgage and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353 -0579 DELIVERED T0: 301 W. Bay Street, Jacksonville, FL 32202 Page 1 of 3 I1EHSO005.1 f Everhome MORTGAGE 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. Mf 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 mortgaged debt.If we refer your. •case-to our attorneys but.you cure the default before they begin legal proceedings against you, you sill 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 $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. Isf you cure the default within the thirty day period, you not be required to pay attorney's fees. ..We may also sue you for the unpaid principal balance and-all other sums due under the mortgage. If you not cured the defatilt within the thirty day period and foreclosure proceedings have begun you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six months. A notice of the date of the Sheriff's sale will be sent to you before the sale. of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number 800 - 669 -7724. This payment must be made in cash, cashier's check, certified check or money order made payable to us at the address stated above. Page 2 of 3 neHSanns.i E verho me - MORTGAGE You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY'OFF•THIS DE$T. 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 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 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 than three times in any calendar year . sincerely, Everhome Mortgage Homeowner Solutions Group 1- 800- 669 -7724 Everhome Mortgage is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. DR328 Page 3 of 3 I1F.HS0005.1 E verhome MORTGAGE United States Department of Housing and Urban Development Servicemenbers Civil Relief Act (SCRA) Notice Legal. Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service,1t or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. 501- 597b)(SCRA). Ww May Be Entitled to Legal Protections Under the SCRA? - Regular members of the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard). - Reserve and National Guard personnel who have been activated and are on Federal active duty. - National Guard personnel under call or order to active duty tdr more than 30 consecutive days under section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds. - Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration. Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? - The SCRA states that a debt incurred by a servicemember, or a servicemember and spouse jointly, prior to entering the military service shall not bear interest at a rate above 6k during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage, or during the period of military service in the case of any other obligation or liability. - The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one year after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within one year after the servicemember's military service unless the creditor has obtained a valid court order approving the sale, foreclosure, or seizure of the real estate. - The.SCRA contains many other protections besides those applicable to home loans. 11 EH $0005.1 A Everhomd MORTGAGE How Does A Servicemember or Dependent Request Relief Under the SCRA? - In order to request relief under the SCRA from loans with interest rates above 60, a servicemember or spouse must provide a written request to the lender, together with a copy of the servicemember's military orders. Everhome Mortgage, 301 W. Bay Street, Jacksonville, FL 32202. Phone: 1- 800 -663- 7.724. - There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy of a servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances, lenders should inquire about the military status of a person by searching the Department of Defense's Defense Manpower Data Center's website, contacting the servicemember, and examining their files for indicia of military service. Although there is no requirement for servicemembers to alert the lender of their status in these situations, it is still a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? - Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at: http • / /legalassistance.law.af.mil /content /locator /php - "Military OneSource ",is the U.S. Department of Defense's information resource. If you are listed as entitled to legal protections under the SCRA (see above), please go to: www.militaryonesource.com /scra or call 1(800)342 -9647 (toll free from the United States) to find out more information. Dialing instructions for areas outside the United States are provided on the website. SCRA Insert �rtr{saoos.i Y J VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Property held by Plaintiff in the ordinary course of business and that those facts are true and-correct to the best of the knowledge, information and belief of the undersigned. 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: NAME: Aran Proctor TITLE: Asst. Vice President COMPANY: EverBank S & D FILE NO: 13- 044028 Dodd Burger and Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller FORM 1 IN THE COURT OF COMMON PLEAS OF EverBank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Dodd Burger 16 Honeysuckle Drive a) Mechanicsburg, PA 17050 Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller 16 Honeysuckle Drive -•n Mechanicsburg, PA 17050 "Y C i"� Cam} DEFENDANTS 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 that 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 4 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: SHAPIRO & DeNARDO, LLC Date Atto s fo*Painfir 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: Kam ' Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? C O-BORROWER Mailing Address: State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FIN ANCIAL • • 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 & 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 Assets 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. 2. 3. Additional Income Description (not wages): 1, monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Ex enses: Please only include ex enses you are currentl a n EXPENSE AMOUNT EXPENSE AMOUNT Mortage 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 & 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: 2 t 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? Yes 0 No ❑ If yes, please indicate the status of those negotiations: 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 m 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 Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: -,[ Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill .,[ Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF EverBank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Dodd Burger 16 Honeysuckle Drive Mechanicsburg, PA 17050 Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller 16 Honeysuckle Drive Mechanicsburg, PA 17050 DEFENDANTS 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 false 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. 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 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 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. 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 that 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: Date [Signature of Counsel for Plaintiff) Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL • • First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & 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 Assets 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. 2. 3. 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 a 'n EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2 Mortgage Utilities Car Payments Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. Payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & 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: 2 P 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? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: 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 m 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 Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: N f Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY ' Ronny R Anderson OF i t y r Sheriff "I PRO i fS9�`TA Jody S Smith 2013 OV 1 5 Chief Deputy Al � 2. Richard W Stewart .; tIUMS RLAMO COUNTY Solicitor OPFCE OF THE W-ERIFr PENNSYLVANIA EverBank Case Number M Dodd Burger(et al.) 2013-5662 SHERIFF'S RETURN OF SERVICE 10/02/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 16 Honeysuckle Drive, Silver Spring, Mechanicsburg, PA 17050. Residence is vacant. 11/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Christine Burger, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 16 Honeysuckle Drive, Silver Spring, Mechanicsburg, PA 17050. Residence is vacant and to this date the Mechanicsburg Postmaster has been unable to provide a forwarding address. 11/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dodd Burger, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 16 Honeysuckle Drive, Silver Spring, Mechanicsburg, PA 17050. Residence is vacant and to this date the Mechanicsburg Postmaster has been unable to provide a forwarding address. SHERIFF COST: $86.30 SO ANSWERS, November 07, 2013 RbNPn R ANDERSON, SHERIFF (c}CountySulis Sharitf_Ts!rooss[f,3nq. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044028 EverBank COURT OF COMMON PLEAS PLAINTIFF ; CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-5662 Dodd Burger and Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller DEFENDANTS PRAECIPE FOR REINSTATEMENT Z Ln wi TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DeNARDO, LLC Date: i Z I'--A Imo_ BY: d+✓� bUTtIN M. SQUME Attor neys fo 6� a"A III.%-Pda SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ot Jody S Smithcurutlrrl�� Chief Deputy C 2113 DEC I 7 fitl . c•., Richard W Stewart Solicitor }F, 'E F`HEShE FF —,U BERLA U CUB HI PENNSYLVANIA EverBank vs. Case Number Dodd Burger(et al.) 2013-5662 SHERIFF'S RETURN OF SERVICE 12/06/2013 05:52 PM - Deputy Shawn Gutshall, 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: Christine Burger at 54 Warwick Circle, Silver Spring, Mechanicsburg, PA 170 0 S �!!nt' TSHALL, DEPUTY 12/11/2013 08:11 PM - Deputy Shawn Harrison, being duly sworn according to law, served th- requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortga. `oreclosure by "personally" handing a true copy to a person representing themselve • b- t - Defendant, to wit: Dodd Burger at 624 Heritage Court, Silver Spring, Mechanicsburg, PA 170'-0 AWN MiT"ON, DEPUTY SHERIFF COST: $66.60 SO ANSWERS, December 12, 2013 RONNY R ANDERSON, SHERIFF .;oui ySude Si:eritl.1"c croft ir.. SHAPIRO & DeNARDO, LLC `-) BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D.NO. 78447 -cia CAITLIN M. DONNELLY,ESQUIRE,ATTORNEY I.D. NO. 311403r=r r BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 v r� ca 7.:7 CHANDRA M. ARKEMA, ATTORNEY I.D.NO. 203437 r- c- 3600 HORIZON DRIVE, SUITE 150 > c KING OF PRUSSIA,PA 19406 =° TELEPHONE: (610)278-6800 S &D FILE NO. 13-044028 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-5662 Dodd Burger and Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller DEFENDANTS PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC Date: I VOI►4 BY: Attorneys for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D.NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 _ CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 13-044028 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-5662 Dodd Burger and Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on k ( 7i q to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Dodd Burger 624 Heritage Court Mechanicsburg,PA 17050 Christine Burger a/k/a Christine M. Burger n/k/a Christine Zeller 54 Warwick Circle Mechanicsburg,PA 17050 SHAPIRO & DeNARDO, LLC Date: l 1 Zl l BY: Attorneys for Plaintiff