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13-7496
For Prothonotary Use Only: Supreme Cogu rt..of Pennsyl C0Urfi, u Pleas het. r ~ �I` 'and Docket No. Cu` be_ �Cluln 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 b , law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons CI Petition E ❑ Transfer from Another Jurisdiction 11 Declaration of Taking C Lead Plaintiffs Name: Household Finance Consumer Discount Company Lead Defendant's Name: Richard E. Fogelsonger T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits 0 (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe, Weisberg & Conwa P.C. ❑ Check here if you have no attorney (a Self- Represented I 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 ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board i T ❑ Other I 0 ❑ Other MASS TORT i N ❑ Asbestos ❑ Tobacco • Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS I3 • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations , N Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Replevin o ❑ Dental ❑ Partition ❑Replvin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 /1/2011 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 Z� CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926' Q JOSEPH F. RIGA, ESQUIRE - ID # 57716 :. JOSEPH I. FOLEY, ESQUIRE - ID # 314675 ''' �°' CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company CIVIL ACTION NUMBER: 961 Weigel Drive Elmhurst, IL 60126, COMPLAINT IN Plaintiff, MORTGAGE FORECLOSURE V. Richard E. Fogelsonger 111 Fogelsanger Road Shippensburg, Pennsylvania 17257 Defendant(s). CIVIL ACTION/MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage brought on behalf of Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY. n A 1 8, p3, 75t CJu►V `�" al u �( PA Complaint 1 -A (CML Owner) 11 DEChGer3.0 " 3 �S 2. The Defendant, RICHARD E. FOGELSONGER, ( "Mortgagor ") is the real owner of the mortgaged property hereinafter described. The last known address of Mortgagor, RICHARD E. FOGELSONGER, is 111 FOGELSANGER ROAD, SHIPPENSBURG, PENNSYLVANIA 17257. 3. Attached hereto as Exhibit A is a true and accurate copy of the promissory note and/or loan agreement ( "Note ") bearing the date of APRIL 24, 2007, in which RICHARD E. FOGELSONGER promised to pay the sum of $197,139.18 ( "Loan "). 4. Attached hereto as Exhibit B is a copy of the mortgage ( "Mortgage "), dated APRIL 24, 2007 and bearing the names of Mortgagors, as the mortgagors, on real estate together with all improvements thereon, located at 111 FOGELSANGER ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 ( "Real Estate "). A true and accurate copy of said Mortgage is attached as Exhibit B. The Mortgage was duly recorded on APRIL 27, 2007, in Book 1990 and Page 0864, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania. 5. The Real Estate subject to the Mortgage is described in the legal description attached hereto as Exhibit C. 6. The Mortgage is in default because the payments due and secured by the Mortgage have not been made. The Loan is currently due for the SEPTEMBER/2011 payment and all payments thereafter. 7. The business records maintained by Plaintiff, demonstrate that a combined notice ( "Combined Notice "), was mailed by registered or certified mail, to Mortgagor(s) at Mortgagor(s)' last known address and, if different, to the address of the Real Estate, on the date set forth in the Combined Notice. A true and accurate copy of the Combined Notice is attached as Exhibit D. PA Complaint 1 -A (CML Owner) I1DEC12ver3.0 2 8. As of NOVEMBER 29, 2013, there is due and owing amounts secured by the Mortgage in the sum of $224,381.76, which amount due includes the following: Principal Balance: $180,952.67 Interest through NOVEMBER 29, 2013 at the Current Rate of 7.65000%: $35,210.14 Advances for Taxes: $9,272.51 Advances for Hazard Insurance: $0.00 Advances for Private Mortgage Insurance: $0.00 Total: $225,435.32 Less Suspense Balance or Escrow surplus, if any: $1,053.56 Less Restricted Escrow Balance, if any: $0.00 Total Amount Due or Owed: $224,381.76 The per diem interest due from NOVEMBER 30, 2013 is $37.9257. These itemized amounts may not include all fees currently due and owing under the Note and secured by the Mortgage, including certain late fees, inspection charges, property preservation expenses, and attorney's fees, since Plaintiff has decided to forgo collecting those fees, but that decision does not indicate that such fees were not properly due and owing at the time of any prior communications to the borrower(s) on the Note. PA Complaint I -A (CML Owner) 11DEC12ver3.0 3 WHEREFORE, Plaintiff demands in rem judgment against the Defendant in the sum of $224,381.76, together with the current interest at the rate of 7.65000% and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. B McC BE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff VERIFICATION Vp and Asst Sec I am a of the Administrative Services Division of the Plaintiff and do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and the facts set forth in paragraphs 1 through 8 of the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties relating to unsworn falsification to authorities. By: Signature Printed Name of Signatory On behalf of HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Its: VP and Asst. Sec, Admin Serv. Div Signatory's Title PA Complaint 1 -A (CML Owner) 11 DEC12ver3.0 4 {8age:1 b� 6} LOAN AGREEMENT ExhM A Including Truth-In-Lending Disclosure Lender: (Caged "We ", "Us ", "Our ") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUARE1SUITE 107 MECHANICSBURG, PA 17055 Borrowers: (Called "You ", "Your ") RICHARD E. FOGELSONGER 111 FOGELSANGER RO SHIPPENSBURG, PA 17257 Gate of Loan: 04124/2007 Loan Number: in this agreement, "you ", "your" mean the Borrower(s) who signs this agreement. "We ", "us" and "our" refer to the Lender. This agreement covers the terms and conditions of your loan. It is important to us that you clearly understand the features of your loan. Please read this agreement carefully, and ask us any questions you may have. e Truth-in-Lending Disclosure ANNUAL FINANCE CHARGE Amount Financed Total of Payments: PERCENTAGE RATE The dollar amount The amount of The amount you will The cost of your credit the credit will cast credit provided to have paid .after you have as a yearly rate, you. you or on your made all payments as behalf. scheduled. 8.016% $251,639,82 ( °fir ") $190,999.88 $442.838.00 ( "e «) Your payment schedule will be: Number of Payments Amount of When Payments are Due { "e ") Payments 1 $1,470.13 0512412007 299 $1,476.13 Day 24 of each month thereafter. "e" means an estimate 04/2412007 16:26 Page.1 of 6 03151 E10 11110110111111N�1i111��1�1�i111111111111110111911011 Him El9110111011111101111 Exhibit A `(Page 2 'of G) Assumption: Someone buying your home cannot assume the remainder of the mortgage on the original terms. YOU ARE GIVING US A SECURITY INTEREST iN THE REAL PROPERTY AS DESCRIBED IN THE MORTGAGE AND LOCATED AT: 111 FOGEL5ANGER RD SHIPPENSSURG, PA 17257 Late Charge If your monthly installment Is not paid in full within 10 day(s) after it Is due, you will be charged a late charge equal to 5% of the full amount of the monthly installment. Prepayment You may prepay your loan in full or in part at any time. if you payoff .your loan early, you may have to pay a penalty and you will not be entitled to a refund of that part of the Finance Charge consWing of any prepaid finance charges. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. The Settlement Statement provides your disbursements and the itemization of the Amount Financed. ABOUT THE 6ECURiTYt Your Obligation to Insure You shall keep the structures located on the real property securing your loan insured against damage caused by fire'and other physical hazards, name us as a loss payee and deliver to us a loss payable endorsement. If insurance covering the real property is canceled or expires while your loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below. Real Property Taxes and Homeowners Insurance covering fire and other hazards on the real l Homeowners Insurance- property security is required, naming us as a loss payee for the term. of your loan. You shall pay us on the day that monthly installments are due, under this. agreement,: an additional sum (the "Funds ") to b e, used to:provide for payment of amounts duo for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the real property, (b) leasehold payments or ground rents on the real property; if any; (c) premiums for any and all insurance required by us under this agreement and the Mortgage ("Escrow items "), You will pay us the Funds for Escrow Items unless we waive your obligation to pay the Funds for any or all Escrow Items. We may waive your obligation to pay us Funds for any or all Escrow items at any time. Any such waiver must be in writing. In the event of such waiver, you will be solely responsible for paying the amounts due for any Escrow Items directly and,. if we require, you shall furnish us with receipts 04/24/2007 16:26 Page 2 of 6 0315LE 10 III�I�iIIiNlll�llll� 111 lllll�l� � � 11 l[ Illl�lllflllllll lfillllllfllliQllllU�la�l Exhibit A TPage 3 vg 6) evidencing such payment within such time period as we may reasonably require. Title Insurance Title insurance on the real property security is required, naming us as a loss payee. You must purchase title insurance or its local equivalent protecting our lien on the real property as a condition to obtaining your loan. You may purchase title insurance from any title Insurance provider you choose that we reasonably believe provides sufficient financial protection to us. You request such title insurance and authorize us to deduct the costs of the title insurance . from your loan proceeds in order to pay the title insurance provider. Lender's Rig ht. to Place You authorize us, at our option, to obtainhazard insurance coverage Hazard Insurance on the. real property in an amount not greater than the outstanding balance of principal and Interest on your loan or, If known to be less, the replacement value of the real property, in the event that you fail to maintain the required hazard Insurance outlined above or fail to provide adequate proof of its existence. You authorize us to charge you for the costs of this insurance. We may choose to add the. insurance charges to the unpaid balance of your loan, which will accrue interest at the Contract: Rate, or bill you for the annual premium on a periodic basis. The addition of the insurance charges due might increase the amount of your final monthly installment. The cost of lender - placed hazard insurance might be higher than the cost of standard insurance protecting the real property. The lender- placed insurance will not insure the contents of the real property or provide liability coverage. The insurance might not be the lowest cost coverage of its type available and you agree that we have no obligation to obtain the lowest .cost coverage: We or an affiliated company might receive some benefit from the placement of this insurance and you will be charged for the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you provide adequate proof that you have subsequently purchased the required coverage, we.will cancel the coverage we obtained and credit any unearned premiums to your ban.. ABOUT YOUR LOAN REPAYMENT: SCHEDULED MATURITY DATE 04/24/2032 PREPAID FINANCE CHARGES. s8039.80 MONTHS OF CONTRACT 300 PRINCIPAL $197,139.18 CONTRACT RATE (per year) 7.850% SINGLE CREDIT LIFE $98.25 AMOUNT FINANCED $194;999.38 a 04/2412007 16:26 Page 3 of 6 0315LEto lllllllllll��II111111�I��II�GI�I�I�I�����f�ll����ll��lllrll�ll�ll�ll��1�1111 ➢11�1�� Exhibit A (Page 4 'of 6) i i Promise to Pay You agree to the terms of this agreeme and promise to pay us the principal (Amount Financed plus prepaid finance charges consisting of Origination Fee /Points, Closing Fee and Tax Service Fee, and any odd days interest reflected in your settlement statement) plus interest which is computed at a rate of 7.650% (the "Contract Rate "). You agree to pay us in monthly Installments as stated in the Payments provision of this agreement. You also agree to pay us: (a) other charges as provided in this agreement; (b) credit insurance charges, if any; (c) collection costs permitted by applicable law, including reasonable attorneys` fees otherwise due under your Mortgage and (d) any other changes reflected in your settlement statement. Interest Interest will be charged on the unpaid principal until the full amount of principal has been paid. You will pay us interest at a yearly Contract Rate of 7,650 0 /a. The interest rate required by this provision Is the rate you will pay both before and after any default as described in this agreement. Payments Time and Place of Payments You will pay us principal and interest by paying your monthly Installments. You will make your monthly installments to us on the same day of each month beginning on or about 05/2412007. You will make these monthly installments every month until you have paid all of the principal and. interest and any other charges described herein that you may owe under this agreement. Your monthly installments will be applied to Interest before principal. If, on the Scheduled Maturity Date, 04/24/2032, you still owe amounts under this agreement, you will pay those amounts in full on that date, which amount will Include interest at the then current Contract Rate or any such other rate as required by law.. You will make your monthly installments at the address shown on page one or at the address shown on your monthly billing statement or at a different place that we may give you. Amount of Monthly Installments Your monthly Installments will be in the amount of $1,476.13, plus the amount of any optional insurance or funds for escrow you elected. Prepayment Subject to the prepayment penalty described below you may prepay your loan In full or In part at any time. if you pay off your loan early, you may have to pay a penalty and you will not be entitled to a refund of that part of the Finance Charge consisting of any prepaid finance charges: Prepayment Penalty Your ban contains a prepayment penalty. If you prepay the entire outstanding balance of your loan at any time within 24 months of the Date of Loan 04/24/2007, you agree to pay a prepayment penalty equal to 0 months interest calculated at the Contract Rate In effect at 04/24/2007 16:26 Page 4 of 6 0315LE10 { Illllll�illllllllll�llll[ IIIII�iIIIIII(fllllllf>Ill�lllf �11�IIfIIIIII�II�Nllll( II�III�IIr111111111111811 (� Exhibit A , (Page 5 -of G) ' the time of prepayment on the unpaid principal balance. No prepayment penalty will be Imposed; (a) if your loan is refinanced by another loan with us; (b) after 24 months; (c) if your loan is prepaid from the proceeds of any insurance; or (d) if we sue-you.. Late Charge If your monthly installment is not paid in full within 10 days) after 4 is due, you will be charged a late charge equal to 6% of the full amount of the monthly installment. Bad Check Charge You agree to pay $20.00 each time any check or payment is made on your loan by any means; including but not limited to, a check or ACH (our Authorization to Debit Account), which Is returned unpaid by your bank or other financial Institution for. any reason.. Additional Charges You agree to pay any amounts actually Incurred by us for services rendered in connection with the opening and servicing of your loan, as allowed by law, These amounts may include fees for appraisals, title examination, title insurance or its local equivalent, fees and taxes paid to public officials In connection with recording, releasing.or satisfying the Mortgage and other taxes as shown in the Settlement Statement incorporated herein by this reference. You also agree to pay any other amounts incurred by us in connection with the servicing of your loan including any amounts that we may (but. need not) pay or that are otherwise due under the Mortgage, Incorporated heroin by this reference. Default If you fail to make any monthly. installment after it becomes due or fail to comply with the terms of the Mortgage, we may require that you pay us, at once and without prior notice or demand, the unpaid balance of your loan plus accrued interest and any applicable charges in this agreement as authorized.. Security Interest You agree to give us a security interest in the real property as described In the Mortgage. € ABOUT OUR RELATIONSHIP: Exchange of information You understand and agree that we will call you from time to time to discuss your financial needs and any loan products that may be of Interest to you as may be permitted by applicable law. For more information regarding our privacy practices, please refer to our Privacy Statement, which is included with your loan documents. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. Credit Bureau. Reporting If you fall to fulfill the terms of your loan, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. Telephone Monitoring You agree that we may listen to and /or record telephone calls. between you and our representatives for quality assurance purposes. 04/24/2007 16:26 Page 5 of 6 0315LE10 - 11111111100111111 Exhibit A (Page -6 -of 6) insurance Credit insurance Is optional. Any applicable Insurance disclosures are. included with this agreement and are Incorporated herein by this reference. Alternative Dispute The temps of the Arbitration Rider signed by you as part of your loan Resolution transaction are incorporated herein by this reference. Applicable Law if you do not pay the full amount.of.an installment when it: is due and we intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30,1974, which is known as Act No, 8, and the provisions of the Homeowner °s Emergency Mortgage Assistance Act (Act No: 91 of 1983). If this loan is a, first mortgage, it is a federally related loan made at an agreed rate authorized by Section 501(a), Part A, Title V, Public Law , 98-221, also known as Section 1735f -7(a), Title 12, United "States I Code. If any provision of this agreement is finally determined to be void or unenforceable under any .law, rule, or regulation, all other provisions of this agreement will remain valid and enforceable. Our failure to enforce any provisiori(s) to this agreement shall not be deemed to constitute a waiver of such term(s). In order for any amendment to this agreement to be valid, it must be agreed to by you and us:. You acknowledge that before signing this agreement, you have read and received this agreement which includes the Federal Truth-in-Lending disclosure and, as applicable, any other riders and/or disclosures Incorporated herein by reference. By signing below, you agree to observe the terms and conditions of this agreement. ANY ADVANCE'OF FUNDS PURSUANT TO THIS LOAN AGREEMENT AND THE MORTGAGE WHICH SECURES THE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED, AS; SECURITY FOR YOUR LOAN. t Borrower. Dater . .� 7 - RI HARD E. FOGSnONG Witness: i 04/24/2007 16:26 Page.6 of 6 0315LE10 ICI[r1111119�11��>� a[all� 11�1111Dllall[IIIIIIiII lIII1111111111 111111 11 him III E111111111 Exhibit A a (Page 1 of 10) JRag_e _ of 10) Exhibit B Pr;8F t1' P. LIEGLE,R This instrument was pre ared b : - - Ufa - g - , r% - Return To: Records Processing Services 577 Lamont Road Elmhurst,IL 60126 1380) " RI-# IE_R IS CHE CKED - IM AN OPEN -END M ORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 24TH of APR I L 20 between the Mortgagor, R I CHARD E. FOGELSONGER , SINGLE erein orrower an ortgagee 0 FIMNCE `CONSUMER - D1 SCOUNT C0141FAtV a corporation o an ex in un er a taws o NNSYU o MJA_ 1 Q ATEWA I7ARE7St7LrE - 107 ; Al c _ IcYrC R � - PA �'1 - 7 herein "Len er I a The following paragraph preceded by a checked box is app icable, X WHEREAS, Borrower is indebted to Lender in the principal sum of $ evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Egan Agreement dated RIL 241 2007 and any extensions or renewals thereof (herein Note4-providi -ng for- menthly- inst-all- ments -of- principal- and - interest,- includi- ng-an"djustmerxts-tn-h amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner pa - s"bie an pays eon QpR I t 4 2002 �7 G t R T;A S- Rohr^`-`- A or here "s_ may_ be- aduanced-pursuant_to_Bo.rsawer!s_Re- voLvin an Agreement a and renewals IhPrrnf (h r i _ "L�fo - t e "�, providing_ for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ ; TO SECURE to Lender the re a yment of (1) the indebtedness evidenced by the Note, with interest thereon including an increases if the contract rate is variable; (2) future advances under any Re�+elvrng -L -oan Agreement [3)- the- payrrten "f- al"thep-sums t"nterest- thereon,. advanced in accordance - her- e- wath -te- p retest - the- secur- icy -of- this- Mer- t and_( 4)- the -0f_ ttteso�cenants a�td- agreerne n_f - lRerrewer-her-ei-n-contamed, Botrowe� does- her by- ort gage r - gr-ant_aad-4tu vey-t L- ender--andl Lender's- sacuesse -s- and- assigns -- he- foUow.ing-dcscribed.-propen3;- located- in-_the-- Cmmty- ''UMBERL-AND C ommonwealxhvLP-.nnsylva nia- SEE EXHIBIT A -LEGAL DESCRIPTION 111111111 PHI 111 I IIII ill IIII Ill 111111110 1111IIII 01111111(111111 IIII 1111111101110 11111Ills IIII 1111111111111111 1X11 11-11 - 65 WG " ORIGINAL Paaolaol unfllZ�dD7� hi li i (Page 2 of 10) (Pa 2 of 10) TOGET14ER with all the improvements now or hereafter erected on the ro pertY and a all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to M ort age rag nt an d cone he_ Property -and -that_the -g rope - ty- is unencumbe ex cept for encu of rec ord` Borr- oxeLC Oyenants_that-Borrower-w-arra And w ilLdefend_generaUy-the_titl the- Prope al�elai msdemands� � b}eci3rertc UNi 9RM - C - O ENA iLf�Borrowermnd - kender - covenantind - agree L Payrrrent - of - Principal tem�PrepaytriettCet�a�g�s; aisd a e arges. Boi ro wer - shall pay - when due - the - prineipal oI, and interestfimiuding an variations in interest rests Ping from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the dote. Borrower shall also- pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subs equent payments due under the Note and this Securit Instrument be made in one or m ore of the following forms, as selected by Lender: (a) cash; (b) money order c certified check bank check reasurzes- check- orCashier! -- ewe �previded -arty- such- eheclt -is-dr -aw u pon an instit utieslrw e posiss-ar-e- Sur- ed-- bW-- ederaIA genf,, instrument kitroy -e. tier -(d� Eleetroaie Punds�Transf _ Paysslent"fc deeaaed received b rider whefi-reeeived a the loeation desi Hated =tt thi, -Qtco llch- odwx-kicatio as may-be-d mvisiens 2rLender --may - return -an -y- pay - ment -or - partiat --pa- ment- if-A-he- paymen- t-o"artial- payments -a insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, hen_L.ender- need- not - pay- interxst -en -unapplied- funds- Lender- roay4ield- suG"napplied- funds -untt Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period f tim�L�nder - sha"fther - aVpply - s s or return em o orrower. not app i6d earlier, h funds - witl i ou nding princip al balance under i-e o e fmm late y prior to arechmure- Nu - c taim ml ave now or In e u ure ag ainst Lender sha i a en ue un er e o e and this - Securif - ns rument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as may be required by the Note and/or applicable law, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the at If Le r rec a Ryment from Rnrrnwer f i delin Periodic Payn'tent_ which includ u "cient_amountso-pat! any_late-chacge_due Ahe_pay ent_ma he ap plied_to _the - delinquent pay -men 11-11 -05 MTG PA001302 f �IIIIIIIIIIIIIIil11111��( IfII��I�I11111111911111111111II1111111Oil 0 OC 11111llal11111 oil 1111I 11111111111 M ORIGINAL xliibit-6 (Page 3 of 10) _(.Pa 3 of 1� ^ nd- the -1 ate - charge r lf. -more _than_one_Rwiodi. -U tsta ing. I.e r ma_y app y ny-pame e cei-ve"om- Bar- c -0wer_to the- r-epays:sea"f- the Periodic_P-aymen ;- and -to_the_extent_ that -eac payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Volunatary prepayments shall be applied first to any prepayment charges and then as described in the Note, apphcation of- pa- ymems- i- nsurance- proceeds or- Ivfisce llaneous- P- roceeds- t pr4wipal - du e afF not -- extend - - - or -- postpone - the -- due - date -er- change -th amount, o f�--the- P-er -i d c D a�� cuw 3. Funds for Escrow Items, Borrower shall pay to n er on t e ay ertdtc ayments are ue under the Note, until the Note is paid in full, a sum the "Funds" to provide for payment o f amounts due for: (a) taxes and assessments and other items which can attain priority over this Security t tm m , e n " en --or -- encumbrance -on - the- Property -l easehold_- payments_or_graun rents on the Property, if any: (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item- Borrower - shall- prompt4yy- fur- nish4o-l- -,ender -all- net +ce"f-- a- mGunts -to -be- paid - under -thi Section- Borrower - shah pay - - L- ender --the- Funds - for Escr ow4te ms - -i les s-- Les -,. aw s 3o anon -tap s or and or erfts: -I % r- Wray -wary erne -B — owes el�li- gaa o pay t er un nr�ny� ry toms e�anytme- t1y su awer -may en he-event-al' s a ere any row tems or w �ee�n f Funds has n waive y n er an , t en er requires, s a urnts to n er receipuc payment w1t to s uc time pen as n er may regwre. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount an rrower s ten obliga —te - under ctton to repay to I - -I-- any-s.uchamouni.-L&ttdtr-m.a-y-rcvQks thwai_vet aS to any or all Escrow Item at any time by a not iv en in ac cordance wit h-SeeSion-12 and, upon such revocation. Borrower shall pay to Lender all F unds,- .andsn -sucham-ounts,tha a e en -requir nder this Section 3. e»der- maY �t times eoHeet an�F,e 1_d�uads = itf-a_ n�nleu {Ta� ^St1 , rrccrcni- tv�acrtriit lender -fB ply the F the - time specified under ESP�and �b -te- exceed- the - maxim- um- amoun-t�-a REa4 Estate Settlement Proe durmAct� Sectio ?uoGte s°q,+a„d its implementing regulation, Regulation X (24 C.F.R. Part 3500, as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage- loan"- under-R i Eder- shall est m ate- tie- an,w- n"f-Funds- due- on-Ehe-ba urrent data - and - reasonable estimatts -- of - expenditures - off- uture- -EsEr-ow-lternr--or- Gthe ���rise in e un "ha a rrt en- rrlstttrr[io s� epos, are- i nstrreci =by- e - gen , instrumentality, or entity inc u ing en er, i en er is an institution w ose eposits are so insure 11 -11 -05 MTG 013 { 1111111 Ili 1811111 oil III I 1 811111111111111 NII 1 IIII 111111111111111 IIII �181181� �l �1! Itll 11101111111119111111 " ORIGINAL i - - (Page 4 of 10) _(Pag 4 of 10) w or in any Federal Home Loan Bank, Lender shall a) ly the Fun ds -tq pa}- th�Fscr hems io la than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be r uired to pay Borro any - in terest - or - e arnin gs on the Funds arrower and Lende"a n a gree in writin howe-Ker-, that-inte.> 'est-shalLbe -paicLon- the_F- unds.- Lender - shall- gi- vr-to- Borrower without c _ c lf- there- is- a-- surpius -o Funds heht escrow; a"e SPA shall account to Bo rrower-for the excess f unds in nre with - l3ESf'�If`t re is a shortage o Funds held In row; as defined under-RF:SPA; Leade tnotffy Borrower as required - by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shorta in accordance wit RESPA. b in n o more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon pa in full of all sums secur by this S eca ' y-Instru=nt- Lender_shalLpmmptl refund to Borrower any Funds held by Lender. Eior -Mor-t -ga ge- s-- andV-D1ed- el'- 'Fr -u s3.; hr.,= des =T Borrowe ' Miens -und mer f- tr ust _.ar_lt i #ham lio Whid-h ---has-pr 'ority ever this Mort r_ng =$or_r wens covenams to m ake_pay�e - hun_duer �rrc Fly shall pay r- cause- to - -be -pai all taxes, ssessments-and -other , t the-- Pr -w- hick- fna"t-tsift-- priorrty- averthis- Mortgag behold - payrire nis or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. r-he-insur- -ante- ear- rier- provid ing-theinsuranceshallix -chosen ject to approvat by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewal thereo shall in a form acceptable to n er and shall include a standard mortgage clause in f avor of and Ina form accepta5le to Under. Lender shall ave the right to hold the policies and renewals > f su ject to the terms o an mort age,_- o tr t 1 her-securLty-agreementsv _ith_"cn-w-hi aspr(orl yover is Morteaae In the event of loss Borrower shall give prom notice to th ns urance ca rrier-andl tender_- Len der may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a clai m for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Pro or to the sums secured by this Mort gage. 6. Preservation and Maintenance of Property Leaseholds; Condominiums• Planned U nit D-e-velopment"orrow- ershall- keep - the- Rroper -tyro- geed- mpairand -shah- not - commit- wast er-per it imt)nirment or-�r on�f the -Pr-o rt at 6 m:- @,^.1Al wi#h -tl1e )fBVIStUf19 flf 'ai i fl_ or-tgageis.ona- leasehold If- this - Mortgage- is -on-a- unit -in-a- condominium -or a- planned- unit- developmen , B orrow er c_��hall_pertorm all n f—Borrower! c n gns i-ndgE _[he_d°^ at o n of cove 11 -11 -05 MTG PAGO1304 U0IIICIHIM IN It 1111IIIIIIIIIIIIIIIIIIIIIIIIBIIl I1011111VIIIM1111111IIIIIIIIIII11IIIII011111111I1111 " ORIGINAL Bl4�9 8 (� X-b; (Page 5 of 10) _(pi 5 o f 10� overnrng -t -he- condom - inium -or— planned - unit- development; the -by =laws- and - regulations- of-the condorninium-or-pl anned -unit development; and- sonsti t -uent- documen 7. Protection of Lender's Security. if Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to pro ecc L ender elm teres . Anv amounts disbursed by Len e p suan o l�ragfaph� Wirth interesrtherean - atthE comra rate s al F beco a di ii'osalindeb of Borrower secure =713orrower - and Le nder_agroe to other term of pay ment, such amounts shall be pa upon notice from Lender to Bors-o- w_er-requesting -p-aymegt there Nothing contained in this p aragraph 7 shall require Lender to incur any expense or take any action hereunder. 8- Inspection- L- ender take - or - cause to - be - made - rease na- ble-entr ies- upon - and- i -nspec Lion s- cf-t-h Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of cull demnaftTt, are and - shaft - be - paid - to- - ender; subject to- the- terms-of- any- mortgag , oftrust w with - lien - whichfaq)jiority . Y07BorroweT Forbearance - endder 14611 iver, xtension" oN 1# e- -m VA ayTn odifi amortization secvred t ii ortgage -grant a -to-a uccessoT interest of - Borrower - shali - trot - operate - to - release - , - ln - any - manner the- ra i- ity-o t e-origi u Borrower and Borrower's successors in interest. Lender sliall not be required to commence pros ings against such successor or refuse to extend time or payment or of erwise modify amortization oof the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercisi ng any right or remedy hereunder, or otherwise afforded by appl icable law, shall not be a wai ver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Jo int and Several Liability; Co- sign ers. The c ovenants and agreements herein contained shall bind, and the rig is hereunder shall Inure to, the respective successors A nd- assigns - offender -and Borro_w_er,- subject to_the -pr-ov_isions of-p-ar_agra_ph W hereo All covenants and a gceem .entsofBorro- wer-shalLbeloint_ _and- several.-Any Bo rrower who c osignsthis Mortgage but does not execvtethe- Note, -(a) -is co= signing_ this -Mortgages onl -tc mott-g grant an d con" that Borrower's nter�st in the��opersyto _Lender�ndcLthrtermsof thislctr_tgage 's not o nal)- liable the -Not arvndertHs Mortgage; and -(c)- agrees - that - Lender Bo"owerhereunder -may- agree- to -ex-te . vttify; forbearor- makeany- otherzccommodations regard - tothe - terms titis - gage or -the -Not without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that i Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by ertifi-ed-m addressed - to - Borrower - at - the - Property - Address or at such address asBorrower - may estnate - by - natice - to - Lender - herein; and -(�b)- any- noticeAu- bendershall - b e - given - by - certif in - i ii beTrder's address - state rein- or-to -ot er-a ress- as--en er- ma des tgnat y -no te Borrower - as - provided - herem - A - ny notice provided far rm is o rtgage s all eemed to ave n -grvea to Borrower or Lender when given in the manner destgnaie�C TI ecein. 13. Governing Law; Severability. The applicaS a l aw — contain ed in th e otes Fall control -Where no applicable law is contained therein the state and loc i aws aptcable p t 6 th s M i rtgage s h i n l the laws o the jurisdiction applicability l�lllll��IIIIIIIIIIIIUI,I1I11111I 11111111101111111111111 III 1111111111111110111110001 �PA001305 11-11-1- 05 MTG II ■ ORIGINAL t (Page 6 of 10) _(Page 6 of S0� c � o ederal law to this Mort In the event that any or clause of this Mort oc he Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14_ Borrower's Copes. Bo rrower shal beLAitnishe�� confotrtted co =; �f rhP u� +P a��t �f *his Mort age at th t mme of exectttion_or attetrecotdationhe= . Reh abi�ttati�ttLoan� greem e�art h ome - re«r bilitatiort, -- irVrovement, mpaii, orothetrlaan agree=trt - w 1rittF r enters into wit - nder. Barrow ccu a an a ever o ,en er, in a orm cceptabte to massignment u*- righu-, im or de of nses which orrower may ave against parties who supply labor, materialsorservices in connection with improvements made to the Propert 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase mone security intere for househo ap lia ancesJeA -transfer t a relative resulting from the death of a Bo rrower, (f) a transfer where the spo use or children_ the ouower�e art- owner-o"ha -pre r-6 -a-t- ransfer- restt king-€rom-a-- dec twenoLdi c arri e le 'en-a cement - ar- €r©m -an- incidental- pro pe�t�se�tle ment- agi'�: - `*r•�«;� wnic__ e s - use -of- the -$sr -rawer- bec-ornes -a — �er�,� t he- propert Ea- tran imo trust in iWeh n ana re mains-- a- bene€ieiary -tnd- which - does -- not - relate - t - i ghts -ot-occ "r4i-)-any-other-tramft"r-disposftion prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender -- does - not -ag- ree--tasuch- sale -or- tT-m ter, I. ende -n a ecter,"14 -i f -the -sums seeured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender hall ?n rt foe notice o acre era ion in accor ance w pa ereo . uc notice s a 1 rovcde a perio o n ass than 30 ays rom the�aae the notice is mailed or deliverid wtt in w is a e su ms eclarl orrower al s to ay sue sums pr) tot a e xpires 0 0 tr period, ma , i ou ur eh r notice or d eman 1 on B orrower �nvo a an rem tes permitted by paragraph 17 hereof. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof s pecifyin g: (1) the breach; (2) the j action required to cure such breach; (3) a date, not less than 30 days from the date the notice is -mate o orrntver -which _ such.br - each - must- be-cused;- and -( -4)- that- faiiure4o- c-ur-e -s rear or before the date specified in the_ notice - may- t-es ult-in- acceleration -of the-su s so�ted_b this�lottgage ur_e_b- judicial-- proceeding and -sale- o"- he- Pr- opeay�Th - 1 -0 MT PA001306 IIII III II�� I� Il�fl Ifll I>II Ills Ilil III 11111 loll IIII Il IN 1111111 oil IN III Ill 111 11 l0l 1111111111111111111 „ ORIGINAL (Page 7 of 10) _(Pag 7 of 10 ' a not - ice -shalF -f-urt -her- infw- m-Bor- rower -o#• - the- r- i- ght- te-- rei- nstate- after- acr,tler- anion -and -th right - tfl -- - assert - in - the - foreclosure-- proeeed #n$- the- nene�ist ....z�tif- a- defaul�or -any- eth defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in sue procee ing toswc, mrtudinV, a orb nays' ees and costs of -- ocumentgry eyidewc bst - aw - title - repo . orrower s tg o erns a e. ZwittfstwdiWLendees - the sums by Mortea�e due to Borrower's breach Borrower shall have the right to have any proceedings be un by Le to enforce this Mortg discontinued at an time prior to entry of a j enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note - had -no- acceleration- occi3yr . -(-b)- Borrower - cures all - breathe" -any- ether - revenants -o agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably e to assure - drat the - of - this - Mortgage; - Lenders interest - in- the - Property- and - Borrower' Ijay - the - sums - secured - " is - Mortgage-shafl-continue-unimpaire"po"uch-pa ym en t — ai nd by rower, this - Mortgage and r secure y sha main -in- a r1,�rT 1 - �A - ss - i gn - risent - of - Rc - nts; A - vf Receiver— As - addr Borrower hereby assi to Lender the rents of the Property, provided that Borrower shat , prior to acceleration under paragraph 11 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Pro ert including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of re n.ta, no �.1 . � t , rem'ume on rece yx- bonds- and - reasonabl °� an d-- then�o -the- sums- seGUred -by- this- Morigags.- the- receiNe�.shalt -be- liab to ceuet-enly p those - rents - ritually- mce $= Release- Upen-payme a u vl ©lgag h l -t 1e t or gage w� ou c arge o orrB -- ower: orrower s at pa a t: t aitl - `vex o of�l # mesfad`Borrow -- er rl ereby�a�es�tt�`[ gist of h��sestead�e3remption - in - t Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hwcby - by - reference and made - a - part of 11 -11 -05 MTG I�Q[ II11111111181IIIIIIIIall�ll�ll��ll11111111111111�111111�I lllllUlil�l X911[ 111111�1IIIIIIIluIf111118�g81�ll�lQl111 PA091307 ORIGINAL - H r E—xhi i B (Page 8 of 10) _(Pale 8 `of 10 A • i REQUEST FOR NOTICE OF DIE EAUL f AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at I.e er' ddress set forth on a"ne of a de fault - undeuhe superior enc a teclosure - a - - d_E—F-o g -sang - uuwe - Borrower Ihereby certify- that- the-precise- address okb - Lender4mortgag . 25 Gateway Drive, Gateway Square /Suite 107, Mechanicsburg, PA 17055 On behalf of the Lender. By: Ryan D Russell ��� Title: Branch Manager COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: I, visa -A Seams otary- Public -in n4- for- sai "ounty- an(- stateA -hereb certi t— rierso naiiy_knn�t a�zesarts r -i� ba the - same persons one name - - — persen a ae new - eT - he �f gtred= a�the -s in Lary--- - ; erein se or a fi iven`bndi3i�rlil�fi nd�r�d�fficial sea , is 24th mY o April 07 • °A a' rug s ., f ' �i. >n�t� Ent USA A SEAY t . Corti'mismon expi Notary i?ublrc • x,15 , .,.I > � C11Y OF HARRISBURG, DAUPHIN COUNTY No ry is Q Comrnlssloci_Explre"Ut 24,_Zpp7 — < 1; CO11� . iNti Count ss: I �� a�lotary 2?ublic -in -and-for said - county mdstate,dA- hereb rt per-wnally- known- te- me-or- proven -satin - actorily-to -be- the - same - persons se - narrr - s „ bscsibed�� tha- foregoi- ng4nsw ment- appeared-befe , and acknuwl dgr: that he signed and delivered the said instrument as free voluntary ac t,1'or the uses and purposes therein set forth. Given under my hand and official seal, this day of 20 M y C ommissiotcxpir es: No Sary_P_ubli c 11-11 -05 MTG PA001308 i 111111 III IIII III IIIII IIII �fl IIII Ill! IIIII IIII III IIIII fill ill Inl IIII IIII ill I11011(�I I� IIII � �I �I � glilll II I� " ORIGINAL - - - — E xhibit- (Page 9 of 10) (Pa _ge 9 of 10) � e I I (space Belo This Line Reser F L and Recorder I ' I 11 -11 -05 MTG PA001309 1 111111 III IIII IIIII Ial �� Illl Illl Illll IN IIIII 111111 iQll BE 101111111111111111111 Mill I III " ORIGINAL E- x-hibnt R (Page 10 of 10) (Pag 10 o 10) I i6 I Xti I ff - A - f - P ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF SOUTHAMPTON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 08126/1986 AND RECORDED 09/04/1986, AMONG THE LAND RECORDS OF TH E- COUNTY _ANQ�STAT�SET__F_OR�ABOVE�I N OEEQ VOLUME D -32 AND-PAGE _83B---TAX- PAR CEL_ -NO • 39 -12- 031 =03 in C umberland Count PA :: � � :• /JP'''s` 1° j-► r� 1111111 Ill/ Ills Ill / II�d aq ill /III IIII 11111 IIII IN Hill 11 IIII 11 11111 IN III 111111111111111111101 Hall IIII N1 ■ ORIGINAL -x Ihit R ALL THAT CERTAIN PROMTY SITUATED IN THETOWNSHIP.OF SOUTHAWn% IN THE.000NTY OF FA CU 3 ALA ANO..COMWONWEALTH OF. PENNSYLVANIA,: BEINO MORE FULLY DESCRIBED ' IN A.DEED DATED 0812811386 AND, RECORDED.091041 1986, AM Wt- LAND RECORDS OF THE 'COUNTY AND 'STATE SET FORTH ABOVE, IN DEED VOLUME 0-32 AND PAGE 838.. TAX -MAP OR PARCEL ID NO.: 39- 12- 0318 -D32A I Certify this ttic In Cumberlimd.Cou►'�y',- PA 'Aer ^^�?er�of Tlcciti� • MOO" A 19130A Exhibit C tcCete, WeisbeB Goeway, PG )C PO Box 9026 . p 268a W '1'e- Sl,usa, GA „ - 025 4 76 5 71,gb 9006 9296 7618 dcihce to 132 Setsd Gasespon PG g Gce�+aY. N tcce,b- ,WeLsberg eet 126 Soot 9utie 2080 eisor ger PrOaddoa> P .19109 Richard F og Oad 11 1 Fogetsang FA 17257 Shjppensburg, 4765 June 11, 2013 ACT 911 ACT 6 NOTICE TAKE ACTION TO SAYE YOUR HOLE.. FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to forecl ©se. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to. help to save your home. This Notice explains hots the Program works. To see if HEMAP can Help, you must MEET WITH A CONSUIVER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS' NOTICE. Take this Notice with you when you meet with the Counseling Agency. The nacre, address and phone number of Consuruer Credit Counseling. Agencies serving your County are listedat the end of this Notice. If you have any questions, you mqv call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persrns with impaired hearing can call (717) 980 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact, an attorney in your area. The Iocal bar association may, be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA. ST] DERECIIO A. CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDODE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE AL LAMARD A ESTA AGENCIA (PENNSYLVANIA ROUSING FINANCE AGENCY) SIN CARGOS AL NUMB RO MENCIONADO ARRIBA. USTED PUEDES SER ELEGIBLE PARA UN PRESTAMO POR 'EL PROGRAMA LLAMADO "IIOMEowNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA- PERDIDADEL DERECI•10 A R.EDTAIIR SU 10POTECA. 69 ?.40 Exhibit D HOMEOWNEt'S NAME(S): Richard Fogelsonger PROPERTY ADDRESS: 111 Fogelsanger Road, Shippensburg, Pennsylvania 17257 LOAN ACCT. NO.: ORIGINAL LENDER: I- IOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY CURRENT LENDER/SERVICER: IiSDC Consumer Lending (USA) Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUIWAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOATE FROM FORECLOSURE AND HELP YOU MAKE FI >Tl1RE MO RTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • III 'YOU HAVE A REASONABLE PROSPECT OF LiEING ABLE TO PAY YOUR MORTGAGE , PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OI' F FORECLOSURE -Under the Act, you are entitl ed to a temporarystay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. (Plus three (3) days for mailing). During that time you must. arrange and attend a "face -to- face" meeting with one ofthe consumer credit counseling agencies listed at the end of this Notice. THIS iifE1. 'IA'C AULr ST OCCUR II'ITIIIN THIRTY- T1r;ZFF r33) .Z),AY.5 O THE DATE E THIS NOTICE. IF YOU DO NOT APPLY FOR EMFRGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE C.ALT,ED "IfOW TO CURE YOUR MORTGAGE DEFA LT" FXPLAINS HOW TO BRING YOUR MORTGAGE UP TODATE. C0MVMFR CREDIT COUNSELINGAC3ENC— MS -- -If you meet with one ofthe consumer credit counseling agencies listed at the end of this notice, the .lender may NOT take action against you for thirty (30) days after the date of this meeting. The naAes. addressff and teko-h2nentimbetwot credit it; which the property is located are set forth at the end ofthis Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPI,ICATIONFOR I!IORTGAGE ASSISTAANCE our mortgago is in default for the reasons set forth later in this Notice (see following pages for specific information about thenature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage .Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's. Emergency Assistance Program Application, with one of the designated consumer counseling agencies listed at: the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will. assist. you in submitting a.complete application to the Pennsylvanial-lousing Finance A.gency.'To temporarily stop the lender from filing the foreclosure action, the application MUST be fotwtuded to FHFA and received within thirty (30) days of your "firce-to -face" meeting with your counseling agency. 69240 rage 2 a ll Exhibit D YOU SHOULD FILEA HE )tIAPAPPLICATION POS.SII3I iF YOU H4V13A AlEETING WITH A CO UNSELINGA GENCY IVITHleI'G 33 DAYS OF THE POST11t4RKED DATE OF THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS l+'XPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY '.TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYAGTION -- Available funds for emergency mortgage assistance arc very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania FlousingFinance Agency ofits decision on your application. NOTE: IF YOU ARE CURRENTLYPROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOW INIG PART OF TMS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS AN'ATTEMPT TO COLLECT THE DEBT. (I£ you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURD YOUR MORTGAGE DEFAULT (Bring it up tO date). NATURE OF THE.DEFALET— T he - MORTGAGE debt held by the above lender on your property located at: I I 1 Fogelsanger Road, Sluppensburg, Pennsylvania l 72571S, SERIOUSLY IN DEFAULT because: YOU HA E' NOT MI AD1•a'l11B MONTHLY l?A"YMEENI M for the fbilovAngy m.cmlbs -and the i olh.:: c:li.t € bave also to. t' €niS.da in tIP following a=nou7tS: Late. Usti&. *mess: 1598.50 l3POlProperty Tnspectians' $217.50 f' ss :13i.applied f =unds: $- 1,053.56 'J'h.e total mount now rot; trired to earE: this delimit, or in otherwords, grt: caught up in your pftyme;ats, as of Glee difte of this later, is $36,125.914 HOW TO CURE THE DEFAUI T -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WINCI-I IS S35,:125.91, PLUS ANY MORTGAGE PAYMENTS AND LATE C11ARGES WIiICN BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pawneris muvl be made either by cash. cashier's check. cerlifred check or enoney order merle iwable and sent to: HSBC Consumer Lending (USA) Inc. PO Box 52337 697AO Page 3 ,t � Exhibit D Carol. Stream, Illinois 60197 -5233: IF YOU DO NOT CURL THE DEFA UL -if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leader intends to exercise its r•lelrts to accelerate the .mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made withinT11MTY (30)DAYS, the lender also intends to instruct its attorneys to start legal action to f oreclose anon your rrrortea ed »ro�erty IF THE MORTGAGE IS FORECLOSED UPO/Y -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency beforethe lender begins legal proceedings against you, you will still be requiredto pay the reasonable attorney's fees that were actually incurred, up to $50.00. However; if legal proceedings are started against you, you will. have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees wil l be added to the amount you owe the lender, which may also include other reasonable costs— you cure the default within the THIRTY (30) DAYneriod, You will trot be required to nay attorney's fees OTHER LENDER I?E1lIEIVES— lender may also sue you personally for theunpaid principal balance and all other sums due under the mortgage. RIGHT TO CIIRF. THaE DEFAULT PRIOR TO SHERIFF'S SALE --If you have not cured the default. within the THIRTY (30) DAY period and foreclosure proceedings have 'begun, you still have the right to cure the default and r•eveni the sale at an lime a to one hour be ore the Sheri s Sale. You ma do so b a it the total amount then past due, p_ ris ang late or other chaue-y then due reasonable attorneys fees and casts connected with the foreclosure sale and an other costs connected with the Sherds Sale as sgerifled in writing by the lender and bgperforming any other requirements tinder the mortgage Curing your default in the manner set forth in this notice wilt restote.your mortgage to the seine position as if YOU brad. never. defaulter!. EARL ITS P0S;5II31, E S'IMB1Fl"S SALii DATE - -It is estimated that the earliest date that such a Sheriffs Sa]e of the mortgaged property could be held would be approximately RIVE months from the elate of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at. any time exactly what the required payment or action will be by contacting the lender. 110 TO CONTACT THE LENDER Name of Lender: HSBC Consumer Lending (1JSA) Inc. Address: 961 Weigel Drive, Elmhurst; Illinois 60126 Phone Number. (800) 958 -2540 Fax Number: Contact Person: l? mail Address: TFFFCT OIL SIIERTPF'S SAI,F_ --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it..If you Continue to live in the property alter the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF 14ft7RTGAGE -You _ - mayor XX .may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and 697.40 Page 4 Exhibit D attorney's fees and costs are paid. Prior.to or at the sale and that the other requirements of the mortgage are.sat sfied,. YOU IVAY ALSO HAVE THERIGHT. • TO SELL THE PROPERTY TO OBTAIN MONEY TO :FAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEIST. TO I IAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION A5 IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (1 EVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO AS SERI THE NONEXISTENCE OYA DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THIS LENDER. • TO SEEK PROTECTION UNDERTHE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDrr COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE; THE AT °TACHED LIST. Enclosure: Consumer Crcdlt Counseling Agencies . important Debt Validation Notice SENT VIA REGULAR AND CERTIFIED MAIL: RETURN RECEIPT REQUESTED: < >9zau Page 5 Exhibit D Cumberland County "CCCS of `western PA - York 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.811.2227 www.rc:cspa,org; Comr inity Action Commission R Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 www.cactricou nty.org Har• lsburg Fair H.0mu,ing C€ tincil 2100 N 6th St Harrisburg PA. 17110 717.238.9540 Housing & R deVelopmen' AtAhority m Cumberland enty 114 N Hanover St; STE 104 Carlisle PA 17013 866.683,5907 / 717.249.0789 www.cchra.com Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102: 71.7.234.6616. www.rtiralisc.org /pathstone _ pa.htm Pennsylvania Interfaith ommunity Programs, Inc. 40 High St' Gettysburg PA 17325 717 334.1518 www:adarnsc3a.org 69240 Page 6 I L I Exhibit D Debt' Validation Notice Pursuant to the FairDebt.Collection Practices.Act, you are entitled to the following notice: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity ; of the debt, or any portion ofthe debt, we will assume that the debt is valid, (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed, we will cease collection ofthe debtuntil We obtain verification: of the debt or a copy of the judgmentagainst you and mail to you a copy ofthe verification or judgment that we obtain, (3) upon . your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original cre+ditorofyour debt, we will cease collection ofthe debt untilme mail to you the name and address of the original creditor, if different from the current creditor: Our demand for immediate payment does not eliminate your right to dispute this debt within thirty (30) days of the date you receive this notice, as provided above. The Law Office of McCabe, Weisberg & Conway,. P.C. is acting as a debt collector. T.HIS NOTICE IS A CQMJRJICATION FR DEIRT COLLECTOR 3YHO IS AWEM .i. G TO COLLECT A I) EB AN I O OBIAINED BY THE D B !LOLLECTOR WILL BE USED FOR THAI PURPOSE Acceptance of funds and the reinstatement, of the mortgage are loth subject to verification by my client. Please further note that all funds tendered will be subject to rimy client's review for correctness before this matter may be:concluded. DATE; June: 11, 2013 McCabe; Weisberg & Conway; P.C. for HSBC Consumer Lending (USA) Inc. 69240: Page 7 Exhibit D ii NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex- puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. SI USTED NO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER, THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH Sl USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, Pennsylvania 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990 -9108 PA Complaint 1 -A (CML Owner) Page 2 11DEC12ver3.0 �a FORM 1 Household Finance Consumer Discount Company IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVIA vs. 'j l �G �✓ �i�rc Richard E. Fogelsonger / Civil . A Defendant 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,: L� Date [Signature of Counsel for Plain, fa 69240 Page 1 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: CUSTOM ER/I1'RI MARV APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price $ Realtor Name: Realtor Phone: V Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? CO-13ORROWER Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: z Total Mortgage Payment 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 paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money 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 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑No❑ If yes, please indicate the status of the application: w Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obiligation 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 f 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) r 3 K SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � �tv �a1 4;n4rt#acr# d 1 Jody S Smith Chief Deputy tai i Richard W Stewart Solicitor C ' , Household Finance Consumer Discount Company vs. Case Number Richard Emmert Fogelsonger 2013-7496 SHERIFF'S RETURN OF SERVICE 01/14/2014 06:09 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Richard Emmert Fogelsonger at 111 Fogelsonger Rd., Southampton, Shippensburg, PA 17257. c fie 1 —> y JASON/KINSLER DEPUTY SHERIFF COST: $95.80 SO ANSWERS, January 15, 2014 RONNY R ANDERSON, SHERIFF ^OW' Household Finance Consumer Discount Company Richard E. Fogelsonger Plaintiff(s) FORM 3 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA rrnn co c_ r n --- vs. . 2c `nx'' (11 4 c, t Defendant(s) 13-7496 CIVIL {` CD'-" n = 74; =o " ---d P.C ': REQUEST FOR CONCILIATION CONFERENCE - '" Pursuant to the Administrative Order dated February 28 , 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 D dant's Counsel/Appointed Date Legal Representative e6 65---c// Signature of Defend Date Signature of Defendant Date HOUSEHOLD FINANCE CONSUMER DISCOUNT CO., Plaintiff vs. RICHARD E. FOGELSONGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAlt X rn c) cD : CIVIL ACTION : NO. 13-7496 CIVIL CASE MANAGEMENT ORDER k. C. AND NOW, this 9day of June, 2014, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court -supervised Conciliation Conference on 31 0/ `Y , at /'0,07) 4 , m. in Chambers No. 4 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. ,Xarc Weisberg, Esquire McCabe, Weisberg & Conway P.C. 1235 Broad Street, Suite 2080 Philadelphia, PA 19109 For the Plaintiff Kest Myers, Esquire 137 Park Place West Shippensburg, PA 17257 For the Defendants :rlm a0. '' (-V.1 tEct. to/u)//y BY THE COURT, 4 AZ Kevin ' Hess, P.J. HOUSEHOLD FINANCE CONSUMER DISCOUNT CO., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 13-7496 CIVIL RICHARD E. FOGELSONGER, Defendant : MORTGAGE FORECLOSURE IN RE : CONCILIATION CONFERENCE ORDER AND NOW, this 3/ • day of July, 2014, after conciliation conference, it is agreed that, absent extraordinary circumstances, the homeowner will provide any missing documents within fourteen (14) days. Continued conciliation conference is set for Wednesday, October 1, 2014, at 11:00 a.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. ✓ Nathan Wolf, Esquire For the Plaintiff Forest N. Myers, Esquire For the Defendant :rlm a� /C € rte-,. tL 2, �9 7� r- w HOUSEHOLD FINANCE CONSUMER DISCOUNT CO., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 13-7496 CIVIL RICHARD E. FOGELSONGER, Defendant : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER r AND NOW, this day of October, 2014, at the request of counsel for the parties, the conciliation conference set for October 1, 2014, is continued to Friday, November 14, 2014, at 3:15 p.m. in Chambers of the undersigned. athan Wolf, Esquire Plaintiff Forest N. Myers, Esquire For the Defendant :rlm I Es, /71111;cL, BY THE COURT, HOUSEHOLD FINANCE CONSUMER DISCOUNT CO., Plaintiff vs. RICHARD E. FOGELSONGER, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 13-7496 CIVIL MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER day of November, 2014, following conciliation conference, it appearing that the homeowner will submit any remaining documents within fourteen (14) days, continued conciliation conference is set for Friday, January 16, 2015, at 2:30 p.m. in Chambers of the undersigned. /Nathan Wolf, Esquire For the Plaintiff Forest N. Myers, Esquire For the Defendant :rlm / /in/ (f BY THE COURT, r HOUSEHOLD FINANCE CONSUMER DISCOUNT CO., Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 13-7496 CIVIL RICHARD E. FOGELSONGER, Defendant : MORTGAGE FORECLOSURE IN RE : CONCILIATION CONFERENCE ORDER AND NOW, this 14 day of January, 2014, following conciliation conference, with the understanding that the defendant will provide certain outstanding documentation within ten (10) days, conciliation conference in this matter is continued until Friday, March 27, 2015, at 2:30 p.m. in Chambers of the undersigned. / Nathan Wolf, Esquire For the Plaintiff Forest N. Myers, Esquire For the Defendant :rlm ‘€.4 frZ,L. LEL 1/1 to/IS " 1 rri BY THE COURT, F') Zri