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HomeMy WebLinkAbout14-0604 For Prothonotary Use Only: -c e Courtpf Penn sylvania Cou .0m Pleas _�31Xltn, ,and Docket No. '. ffl O r ) L )_ b The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition F S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: BENEFICIAL CONSUMER DISCOUNT Lead Defendant's Name: Ward S. Mansbarger C COMPANY DB /A BENEFICIAL MORTGAGE CO OF T PENNSYLVANIA 1 Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: 13 within arbitration limits O (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 & Conway, P.C. ❑ Check here if you have no attorney (a Self- Represented JPro Se] Litigant) I 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 I you consider most important. IIII 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) ❑ Slander/Libel/ Defamation ❑ Employment Dispute: E ❑ Other: Discrimination E C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I I O ❑ Other N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste. ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/fenant Disput ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: j ❑ 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. S WARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 x °' JOSEPH I. FOLEY, ESQUIRE - ID # 314675 ' --M = CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 ;= CD L c - ) JENNIFER L. WUNDER, ESQUIRE - ID # 315954 .._ CO LENA KRAVETS, ESQUIRE - ID # 316421 cj . 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY BENEFICIAL CONSUMER DISCOUNT Iq COMPANY D/B /A BENEFICIAL MORTGAGE CIVIL ACTION NUMBER: �(J`7 CO OF PENNSYLVANIA 961 WEIGEL DRIVE ELMHURST, IL 60126, COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, ■ V. WARD S. MANSBARGER 428 PROWELL DRIVE CAMP HILL, PENNSYLVANIA 17011 - AND = KELLY A. MANSBARGER 428 PROWELL DRIVE CAMP HILL, PENNSYLVANIA 17011 Defendant(s). CIVIL ACTION/MORTGAGE FORECLOSURE PA Complaint 1 -A (CMLOwner) 11 DEC I2ver3.0 1 t 1. This is an action to foreclose a mortgage brought on behalf of Plaintiff BENEFICIAL CONSUMER DISCOUNT COMPANY D /B /A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA. 2. The Defendants, WARD S. MANSBARGER and KELLY A. MANSBARGER ( "Mortgagors ") are the real owners of the mortgaged property hereinafter described. The last known address of Mortgagor, WARD S. MANSBARGER, is 428 PROWELL DRIVE, CAMP HILL, PENNSYLVANIA 17011 and Mortgagor, KELLY A. MANSBARGER, is 428 PROWELL DRIVE, CAMP HILL, PENNSYLVANIA 17011. 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 DECEMBER 15, 2004, in which WARD S. MANSBARGER and KELLY A. MANSBARGER promised to pay the sum of $131,720.06 ( "Loan "). 4. Attached hereto as Exhibit B is a copy of the mortgage ( "Mortgage "), dated DECEMBER 15, 2004 and bearing the names of Mortgagors, as the mortgagors, on real estate together with all improvements thereon, located at 428 PROWELL DRIVE, CAMP HILL, PENNSYLVANIA 17011 ( "Real Estate "). A true and accurate copy of said Mortgage is attached as Exhibit B. The Mortgage was duly recorded on DECEMBER 17, 2004 in Mortgage Book 1891, Page 3483, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania. fi 5. The Real Estate subject to the Mortgage is described in the legal description attached hereto as Exhibit C. PA Complaint 1 -A (CML Owner) I 1 DEC I2ver3.0 2 ti 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 MARCH 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. 8. As of DECEMBER 27, 2013, there is due and owing amounts secured by the Mortgage in the sum of $171,806.03, which amount due includes the following: Principal Balance: $121,722.83 Interest through 12/27/2013 at the Current Rate of 8.48000%: $44,077.17 Advances for Taxes: $2,171.35 Advances for Hazard Insurance: $3,834.68 Advances for Private Mortgage Insurance: $0.00 Total: $171,806.03 Less Suspense Balance or Escrow surplus, if any: $0.00 Less Restricted Escrow Balance, if any: $0.00 Total Amount Due or Owed: $171,806.03 The per diem interest due from DECEMBER 28, 2013 is $28.2797. These itemized amounts may not include all fees currently due and owing under the Note and secured by the Mortgage, PA Complaint I -A (CML Owner) I 1 DEC 12ver3.0 3 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. WHEREFORE, Plaintiff demands in rem judgment against the Defendant in the sum of $171,806.03, together with the current interest at the rate of 8.48000% and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. By: McCABE, & CONWAY, P.C. Attorneys For Plaintiff VERIFICATION I am a VPghd -1� 5 "-C- 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 L -R, w r'- 'Jce- - Fb- TTRZ)A,e Printed Name of Signatory On behalf of BENEFICIAL CONSUMER DISCOUNT COMPANY D/B /A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA Its: V �' PtS'S - r '. Signatory's Title PA Complaint 1 -A (CML Owner) 1 I DEC I2ver3.0 4 LOAN REPAYMENT AND SECURITY AGREEMENT (Page 1 of 4) LENDER (called "We ", "Us ", "Our ") BENEFICIAL CONSUMER DISCOUNT COMPANY OIBIA BENEFICIAL MORTGAGE CO OF PENNSYLVANIA 4910 CARLISLE PIKE SUITE 104- HAMPOEN CENTER MECHANICSBURG PA 17050 BORROWERS (called "You ", "Your ") LOAN NO. MANSBARGER, WARD S Ss# � MANSBARGER, KELLY A Ss# 428 PROWELL OR CAMP HILL PA 1 1011 DATE OF LOAN FIRST PAYMENT DUE DATE OTNERS SCHEDULED MATURITY CONTRACT RATE 12/1512004 01 t 15120p6 WN MOM BA11 12115/2034 8I 0 % AMOUNT FINANCED PRINCIPAL 124,999.06 131,120.06 CLWING FEE OFFICIAL F10 t 135.04 48.50 LIFE INS PREMIUM DISABILITY INS PREMIUM IUI PREMIUM 1158.08 Monthl t NONE NONE ORIGINATION FEE /FEE 6.586.00 T iNSTA L ENT MONTHLY Ns7 TERM PERIOD 1,169,01 1,1$8.01 360 PREPAYMENT PENALTY Y ES ■ YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS, REQUIRED INSURANCE. You must obtain insurance for tarns of loss covering security for this .loan as indicated by the word "YES" below, naming us as Loss Payee YES Title insurance on real estate security YES Hazard Insurance on real estate security. You may obtain any required insurance from. anyone you choose and may assign any other policy of insurance you own to cover the security for this loan. (See "Security" paragraph above for description of security to be insured.) NOTICE. THP.. FOLLOWING PAG CONTAIN ADDITI A CONTRACT T RMS. 1ST'MTG PPP FA1365891 a177017259394CEA9000PAB858910 " s ORIGINAL EXHIBITA LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 4) PAYMENT, In return for your loan described below, you agree to pay us, the Principal and Interest computed at the Contract Rate (subject to any adjustment under the Adjustment to Contract Rate Section below) and any monthly insurance premium, if elected, until fully paid. Principal is Amount Financed, plus The Fee. The term Fee means the Origination Fee (Fee) shown an page one. You shall pay us monthly payments, at our business address or other address given you. If more than one Borrower is named on page one, we may enforce this Contract against all, or any Borrowers, but not in a combined amount greater than the amount owed, Payments are applied in the following order: late charges, interest at the Contract Rate for the actual time outstanding, principal, and insurance. For any past due amounts, payments will be applied to the most delinquent monthly installment first, in the same order shown above, until all past due monthly installments are paid in full. DATE ON WHICH INTEREST .BEGINS. If you do not cancel this loan, the date on which Interest begins, payment dates, and effective date of insurance purchased are postponed by the number of days from this contract's date to date you receive this loan, ADJUSTMENT TO CONTRACT RATE. The Contract Rate, as shown on page one, will decrease by one quarter of one percent (.25) beginning with the thirteenth (13th) month after every twelve (12) consecutive month period where all payments were made in full within 30 days of their due date. Up to maximum of twelve (12) Contract Rate reductions are available during the term of the loan. For each Contract Rate reduction, the monthly installment payment will be reduced accordingly. Notwithstanding anything to the contrary in this paragraph, you will not receive any Contract Rate reductions or the reduced monthly payment after four periods of delinquency. A "period of delinquency" begins when you fail to make a payment in full within 30 days of the due date and ends when you have no payments that are outstanding for more than 30 days past their due date, PAY You agree to payouts of Amount Financed as shown on Truth- In-Lending disclosure form. If payouts change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional payouts. PREPAYMENT. Subject to your choice of a Prepayment Penalty on this loan, you may prepay any or all of your loan at any time. If you chose a loan with a Prepayment Penalty, the word "YES" will appear in the Prepayment Penalty box on page one of this Agreement. In any event, if you fully pay before the final payment due date, the amount you owe will be reduced by unearned credit insurance charges, if any. If you prepay before the final due date, Points and Closing Fee are fully earned when this loan is made and you will not receive a refund of that part of the Finance Charge consisting of Points and Closing Fee, PREPAYMENT PENALTY. If "YES" is printed in the Prepayment Penalty box on page one of this Agreement, you agree to the following penalty. If you prepay in full within two (2) years of the date of this loan shown on page one, you agree to a pay a Prepayment Penalty equal to six (6) months interest at the Contract Rote (as stated on page .one) of the unpaid principal balance. No Prepayment Penalty will be imposed (a) if this loan is refinanced by another loan with us; (b) after two (2) years, (c) if the loan is prepaid from the proceeds of any insurance; or (d) if we sue you, LATE CHARGE. If you don't pay any payment in full in 10 days after it's due, you will also pay 5% of the unpaid amount of such payment. BAD CHECK CHARGE. We will charge you a fee of $20 if any payment check is returned because of insufficient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. SECURITY. There is a mortgage on your real estate, located at your address shown on page one unless a different address is stated. You agree to give us a security interest in the real estate as described in the Mortgage/Deed of 'Trust. PROPERTY INSURANCE: A. YOUR OBLIGA'nON TO INSURE. You shall keep the structures located on the real property securing this 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 or expires while the 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. B. LENDER'S RIGHT TO PLACE HAZARD INSURANCE. You authorize us, at our option, to obtain coverage on the Property in an amount not greater than the outstanding balance of principal and interest on the loan or, if known to be less, NOTICE; THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS, 05-t8 - 04 RE $' PA865892 1111111 ��11�I1�1�� � 1111 111111lit1111 111 Ilfi�� 111�LXHIBIT A 1ST MTG OPT PPP *177017259394CEA9000PA685892O N4A"aAROER " ORIGIML LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 4) the replacement value of the 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 and add the insurance charges to your loan. The Insurance charges will be added to the unpaid balance of the loan which accrues interest at the Contract Rate. The addition of the insurance charges slue might increase the amount of your final installment. The cost of Lender placed hazard insurance might be higher than the cost of standard insurance protecting the property. The Lender placed insurance will not insure the contents of the 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 (i.e, commission, service fee, expense reimbursement, etc.) from the placement of this insurance and you will be charged for the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you provide adequate proof that you have subsequently purchased the required coverage, we will cancel the coverage we obtained and credit any unearned premiums to your loan. DEFAULT. If you don't pay on time or fail to keep any required insurance in force, or if permitted in the event of default under the Mortgage, (1) all your payments may become due at once and, (2) without notifying you before bringing suit, we may sue you for the entire unpaid balance of Principal and accrued Interest and (3) any judgment in our favor may include our reasonable attorney's fee and court costs as determined by the court. You agree that, should we obtain_ judgment against you, a portion of your disposable earnings may be attached or garnished (paid to us by your employer), as provided by Federal law. You agree to pay interest on any judgment at the Contract Rate. CREDIT REPORTING AND CUSTOMER INFORMATION PRACTICES. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. 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,. OPTIONAL INSURANCE. Optional credit insurances and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW. This loan is made at an agreed rate authorized by Section . Part A, Title V, Public Law 96"221, also known as Section 1735f (a), Title 12, United States Code (USC). If you do not pay the full amount of an instalment 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. S, and the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act No. 91 of 1983). NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 05 - HE SI PA065993 1ST NlTG OPT PPP I IIIINIIII 1111 III �1111III im�IiIIIII11 I B II I * 177017259394crA9000PA96SOS3C %4A"B »GtH EXHIBIT A LOAN REPAYMENT AND SECURITY AGREEMENT (Page 4 of 4) ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN REPAYMENT AND SECURITY 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. YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH -IN- LENDING DISCLOSURES, BORROWERS: (SEAL) (SEAL) NESS: (SEAL) s -18 - R E sr Iil ® I IIIII� � XHIBIT A PAB65894 i ST MTG OPT PPP * 1770172S9394CEA9000PA8658940s 'Qr44iW WGER ORIGINAL (Page 2 of 10) .r r • ♦ a ______.____.. __ ZC_n -UZR Of —DEEDS 0 6c- C- 28__Wj_� - - BOX�S�HECKED; THIS RIOR�' GAGE I"N GPEN=E MORTGACE - AN ^ SEC_LIRES EVUVRE- _IZVAN_ > S THIS MORTGAGE is made this day 15TH of DECEMBER 20 , between the Mortgagor, WARD- S— MANSBARGER- AND - KELLY- A- .- MANSBARGER,- HUSBAND- AND -W if-E - ereiu- orrowei =and- ortgai6ii =BE - NEFjC TAL`CONSUMERD 1 SC COMPANY =B�BI" BENEF- -1_C 1_AL- M9A_TGA_GEC P ENNS Y LV AN I A corporation- organized- and- existrng- under - the - laws -of- NS - - . -hose address is 4910 CARLISLE PIKE, SUITE 1 04-HAMPOEN CENTER, MECHANICSBURG, A 17050 The_ following -par__a.graph_ preceded by achecked box_is applicable. WHEREAS, Borrower is indebted to Lender in the principal sum of S 131. 720:06 ==== e videnced- b"orrower!s=L Repaysneni_and Seeuri>;y Agree o r- Secen -y- - r-t -s age- n Agreement dated DECEMBER 15, 2004 and any extensions or renewals thereof (herein "Note" ), providing r or monthly ins a Iments oo principal and - in eresr inOwding - any adjustmertsrto�tlE amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not soener- paid,-due- and- payable-on DECEMBER -.5,- 208- WHEREAS, Borrower is indebted to Lender in the principal sum of $ or -so- muchth- as mad! be advanced pursuant to Borrower's Revolvin an A eement Uatea and extensions and renewals thereof (herein "Note "), providing for mfln +ns a1 meats ands tes ose;inciudin" A djustments_ in_the_interest-rateLif that_r_ate -is vari_a- Isere, aad rov-iding_for a credit limit stated in the principal sum above and an initial advance of $ ; TO_SECUR endee the repayment of (1) the indebte evidenced by the Note, with = interest thereon, includg inany increases if the contract rate is variable; (2) - future advances under a Revolving Loa r en -0 - e t�f all= other =sums wi#IV- int accordance herewith to protect the securi�f - this Mortgage; and - (4) - the perfntntiance of the covenants and- a g feet-nents- -ef - - Bor- rower- herein -- contained, B does_her_eby__mortgage- gr ant and convey to Lender and Lender's successors and assigns the following described property located in tEe County o UMBERLAN - ommonwealth el R�nnsy#vani Att - 0 CERTA 1 PROPERTY - S 1 - ED 1 T HETOWNSH I-P- OF- HAMPOEN I_N_THE COUN OF CUMBERL AND COMMONW OF PENNSYLV ANl - A ; BEl - NG DESCRI'BED AS - FOLLOWS - LOTS - 9 AND - 10. BE -I- PIG - MORE — FULL -Y -D €SCR- I_SED- I -N -A- DEED- DATED_06 AND RECORDED 06/17/1992, AMONG THE LAND RECORDS OF THE COUNTY to -z CaI��IUED ON EXHIBIT A -LEGAL DESCRIPTION eaooa 1 .11 1111 11 I Ill Illl 1111111111111111111111111111 lilt 311111111111111111 - 11111 ,, 17-70- 173 59394MTG9 D00P_A00.12E1O�— N MANSBARGE R " OA- ►_GINAL__ i E B (Page 3 of 10) r• 1 TOGETHER with all the improvements now or hereafter erected on the property, and all ease ments - _r-ights,=appurtenances - -and - xents,::all:: c" ich= shafii be - =be= and part=nft p roperty c overed by this M ortga ge• and all of the foregoin tog ether with said -�ropert or th i _ l easehold- estate - if - t his Mortgageis on are - hereinafter - referred - to - as - the "Propert ." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to- mor- tgage- grant and- convey -the- Property, - and -that the - property- is- unencum -bered; except for encumbrances- of-recor --d._Borr-ower_covenants_that- Borrower- warrants -and_w -ill- defend- generallythe�i to - the Pro erty against all - claims and demandg, subject — encumbrances of rem. = UNIFORM COVEN_AN STS.._ B- or_m_w_er- and - Lender- co_vennni and_agree_as- f_ollo�ys: t.- Paym-entof - Prim pal and - l - nterest - at - V - ariabie - Rates. -- This m ortgage secures all paym enu - r- inGipal- and - interest - due- on- a- var- iable- r- a- te-loan� -contr -ac r- ate- of- i- nt erest -an d- payment amounts may be subject to c ange as prove eed in the Dote, Borrowers sha p - lr romptly pay whe - all a amounts _ — requi by the-Note. = 2 Funds for aT xes and nsurance, u ject to app cable law an on y requeste m wr — icing by Lender, Borrower shail to off day monthly of - pr ncipal�tl�irlte�es are payable under the Note, until the Note is paid in full, a sum (herein "Funds ") equal to one of the = yeariy taxes - and -- assessmen (iitctudin condominF m - and - p lanned - unit - devel - o me"sessm-ents - i any) which may at tain pri ority over this Mortgage an ground r ents on the Property, if any, plus = one twelfth of yearly premium installments for — a�d plus o1 ne o year yl premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time b y Le er_on the basis of assessor _. e 5 and =bi, s_an.- _reasoraa imaies t ere — - Borro wer_shall_noY_ - obligated to make such payments of Funds to Lender to the extent that Borrower makes such pa yments = a the of a prior mortgage or eed of rustif such holder i an inks itu�ional - lemon er. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency including Lender if Lender is such an institution). Lender shall apply the F unds to pay said taxes, assessments, insuran premiums and group rents. Lender may not charge or so herding and applyin analyzing said account or veri fying and com piling said assessments and bills, unless Lender p Bor interest on the Funds = and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortga that interest on the Fund s hall be p aid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to- p ay -Bor_row-er -anyAn -or - earnings -on the_F-unds. lender-shall _eveto -Borrower,_witho I an annual accounting of th Fu nds showing credits and debits to the Funds and the purp ose for whi each�e _Fumes v as made'heFunds are_pI- edged�diiionaLsecur><iy fo�theaums ru I this Mortgage. If the amount of the Fun held by Lend t ogether with t e -tuture __monthly -installments- of_F-un p prior to the due dates of taxes, assessment insurance p remiums and g round ren shall exceed the- amount - required to- pay - said -axes, assessment insurance- premiums- and-- ground - rents- as- they-fal due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower- on_monthl -y- installments -of - Funds. -If the - amount- of- the-F-unds- held- by-Lender- shad- not sufficient to pa taxes, assessments insurance p and ground r_ent�as�hey�all_due,_Boriowe shall- pay- to- L- ender-any- amount necessary -to make - up - the - deficiency - in - one or -. - ender may require. Upon-payrnent in- ful -l-of -all- sums - secured -by- this - Mortgage; L- ender - shall - promptly- refund -to — Bor-r_ower_anyJ-unds_held_by- Lender -If -under - paragraph- 1.7_hereof_ the_ proper- ty-is- solder- theProperxy 10-20 -03 MTG PA0012E2 lul l_I��I I �Illll llllll111 11111 I IIINlll1111111( 11111111111111111111 1 111111 1111111111 oi 111111111111 - % 171017259394MTG9000PA0012E20MMMANSBARGER " ORIGINAL i (Page 4 of 10) -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the rope - - woe i ts acquisition by Lemon er — any Funds�eld - by Lender et t�time a applicati na as ?� crit — agamstt e sums_secu - -y -this- orxga 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall -be- a b L-,endcr- fi-rst-in- pa -of- amounts pay able -t o-Lender- by- Borrower_under_par-agrap 2 hereof, then to interest, and then to the principal. 4. Prior Mortga and Deed of Trust; Char ges; Liens. Borrower shall perform all of - Borrower's obligations under any mortgage deed of trust or other sec urity agreement with a lie w lia s - pri - arity - over - this - M - ortga ge;includmg Borrower' s - toting e- paw- whe�ue.. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to - Property - which - may - attain - a - priority - over this- Mortgage, leasehold pay meats - ound -ren , s if-an, 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on t he-P- roper -t -y- insured - against _loss- b- y_fire, -hazardsincl.uded wishinthe term "extended coverage = and such other haza as Lender may re he iinsurance carrier providing the insurance shalI be cchosen b he Borrower sut lect to approver Lender provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals then shall - be in a form accep able to Lean er and shall standard - in favor andina form acceptable L shal - 1 - have t-he -right to- hold - the - policies- and- r- enewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which h as_ n,ority - gt _a_ge. In the event of l oss, Borrower shall g ive P rompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandon by Borrower, or if Borrower fails to re spond to Lender w ithin 30 days f rom the date notice is mailer by Len thatthe - insurance - Eimerr fers _ claim fo insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to r estorati on or repair of th Property or to the sums secured by this Mortgage. _ Preserva #ion-and- i= nnenanse -of =P- roper- t - Coed om iniu-ms;= P- launed i)nii n ev-eloptnents ._Borrower_shall_keep their-oper_tyin -good- r-e- pair_and -shall com mit waste or rmit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortga ge_is_on -a easehold.- this - Mortgage is on a_unit -in a condo or a planned unit develo pment, Borrower shall perform all of Borrower's obligations under t eclarat�on or c or sing or governing the condominium or planned unit development, the by and regulations of the condominium or planned uni development, and constituent documents. ' �'roteciion of =Le 's ecur t lf= Bar- rowe�fails:lo= perform -the= covenants -an _agr_eements 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 a ppea.r_anc-m-- _disbucse_such- sums inc4- udi "n atxor- neysfees, -and -take- such- actionas_is_necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this p aragraph 7, with interest thereon, at the contract r ate,_ shall_ bec- o.m- e_additiQnal_i.ndebtedn of Borrower secured b y this Mortg Unless Bor rower an ffder agree to ayment - such amounts= shall be- payaab e- u=por� ice- from�ender�t- o= Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any e xpense or take any action hereunder. PADD12f- TO= ZD= D3 - MTG I111111111111111111III mill 11111 oil 1111111111111111111111111 I IN 11111111111- 11111 -III 1111111ill 1111 7 T7- 2b9394MT -G9000PAAGD-12E30"NMANSBARGER GiNAt DX Flul- 9 -{-P -G 3 -4 -g 5 EXH.IBI_T_� (Page 5 of 10) r 8. Inspecti Lender may take or cause to be made reasonable entries upon and inspections of the roperty- prov>ded= tha� -L - en e-r -s -gry ctiun peci# reasonable- cause therefac-r-elated-to- Lender's- inter-estin-theP - 9. Conde n ion. ['he p - mss of ny - award or - ciaiTn for ,direct -or- consequential in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of con- le de are and - shat be to Lender,- sabjeet to the terms of -arry- mortgage deed f- trust -or- othe secu rityagreernen #itha law -hich has prior -ity overthisiortg 0.Bofrower Not Release — eased; By Lamer Not a Waives. Extension of - ti3ne - for payment or- m odificati on -of- amor tization - -the- s ums - secured - bythis Mor_tgage -granted -by Lender to any successor in interest of Borrower shall not operate�o release, in any �rit►er - tlie llability�f the original Ba and - Borrower's successors - in - interest - L en der - shall - not -- be - require - to - commence proeeedi - ngs against such successor or refuse to extend time for payment or otherwise modify amortization oft e sums secured - bythis - Mor tgag ebyreasonof- any - demand- made -by- theoriginal Borrower and - Ber - rower's - successor - s in interest. Any forbeara by Lender in exercising any right or rem h ereunder, or of erwise farmed by app icablee law, shall not be a war ver o or prec ud lie exercise of any such sight or �em�dy. 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agr_eeme ereingained Shari bi d ri ghtyhereunder shall tth - res ctivesuccessors and assi gns of Lender and Borrower, subject to the provisions of paragraph 16 hereo All co venants and agreements of Borrower shall be joint and several. Any Borrowe r w o co this M rtgage, but does not execute the Note, (a) is co this Mortgage only to mortgage, grant and convey that Borrower's interest _ . . .nthe -P -r- oiler -ty-to Lender -under_the- tersns.o Ahis- . ortgage, _ _ not-persona y_ ia. eon t e- o e or - under this Moxigage and (c) agrees that Len and any other Borrower hereunder ma ag ree to extend, modify, f orbear, or ma a any other accommo ations wiih regard to the terms ofthi`s Mortgage ort e o e wit )ou that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Exce 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 suc if notice by certified -mail- addressed to- Borr-ower_at the Psoperty-A or at such other address a s Borro ma y = designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail = to Lende address s tated herein or to such other address as Lender ma desi b noti to Borrower as = provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower _ ^ Lender- w- hcn- ai- ven-in- the - manner - desi gnated - herein. = 13. Governing Law; Severability The applicable law contained in the Note shall control. Wher no a pplica- blelaw is- contained- therein,- thestate - and - awsapp caabie -to -this- orthI hill �eI it-- elaws_of t e jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of _ Fede ral-law -to- this - Mortgage. -In- dw- eventthat any-provision- or-clause-ofthisMortgage- orthe -N -ote confli -c_ts with applicable law such con flict shall not affect other provisio of this Mort or the Note which c an be ven effect - without the - conflicting -provision ,and- and-end the-provisions- of�his lvloetgage and the Not are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the — e xtent- not- pr- ohi- bited�by- applicable-law- orlimited- herein. = L4— B- otr-ow- ees_Cop-y -Borrower_ shall_be-furnis.he -d_a_cQnfoarmned copy of the Note and o th is a s W orafterrecardatiorifiereof. 15. Loan Agreement. Bor rower sha fulfill all of Borrower's obligations under an = home - rehabilitation — improvemrent, repair, or- other - loan agreeme tt- -which- Borrower - enters - into -wi T e nder: - Lend o l-cr cnd er's- option, - may- r- equir- - Bvrr- ower-to- execute and- deliver to- Lender, -in-a -form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against 10 up i lf�(IIIIII III�111111111i ►11111111illt llllllf 1�11llllllillllllllll Illl�l�tlll� qty 70 -20 -03 M -s P_=_QE " 177017259394MTG9000PA0012E40MI'MANSBARGER ORIGINAL 3 4 8 6 E—XHI- BI-T- -B (Page 6 of 10) — _ _ ____46.-Transfer-of-the - P- r I�Bor -r -over sells -or transfers - alt -or- any- part_of_ the -P-r- oiler -ty -or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, 'b) a ransfer- ntror�::by= operation lazes upon= the - death- of- a tenant, -( -c)= the gran -- of any leasehold interest of three years or less not containing an option to purchase, (d) the creation _ o f: - _a_ puree znoney-7-secur-ixy- interest for_- household- appiiamesj t r$nsfer- to- aseiati — r esulting from the death of a Borrower, (f) a transfer where th spo use or children of the Borrower become an wner - o - the -prope ns er -resul -zing -from ecree- rssolut-on of-man tag , ega{ = se agreement, or from an inc p ro e�rty settlement a by which the s pous e of the Borrower becomes an owner of a proper y(h) a tr" ansfer into an tier vivos trus ir�wtricfi t - Borrower i a nd remains a beneficiary and which does not relate to a tr ansfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the F- ederaLHome_ - oan-Banl- Board,-Bor -r-ow- er_shalLcause -to -be -submitted _ infD- rmation requited b y Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will = onti true- to- be- obl-igated--under--t-he- Note- and - this - Mortgage - unless - Lender• r- eleases- - Borr- ower -i-n writing. Ifil der does not agree o such sale rir tyansf - declare al1 - the - sums secured by this ortgage to im and - payable: I -f- Lender-exercises- such - option- to- aEeeierate,- 4.eader-shall mail Borrower notice of acceleration in accordance with p aragra ph 12 hereof. Such notice shall provide a period o not T_ ss than 30 dayss fromthe da e e notice is mate or detivered within w$icfi may pa the sums declared due. If Borrower fails to pay such sums prior to the expiration of s uch period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by na ra graph- 17__her-eof = NON COVENANTS. Borrower and Lender further covenant and agree as Follows: 1 Acceler ;- Remedies xcep - as- p_ ie pafagce h- ib hereof, Berrctwtr's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to = due any -sums-seem r �by= this -I�Ior -gage, er -prir -tom arse gig _ notice to Borrower as provided is paragraph 12 hereof specifying: (I) the breach; (2) the action require�ic to cure such breach; (fir a dat , - less ban - 30 - days f7om the - t e notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date - in the notice - resu t - a ecc oration -moo -t -sums -_ sec-ur -lLy--this- Mort - gagc Jor- eclosure by judicial proceeding, and sale of the Prop erty. The notice shall further inform Borrower o the right to reinstate of er accelera ion and the right a _ to wssert_i_n t_he_ forec p -t -he- none- xis tence- of- a- defaul- t- or- an �other_defease� Borrower to acceleration and foreclosure. If the breach is not cured on or before the date !tiedin- the - notice, Letrder atender =s optiott��rray= declare_a:li -of =the su_secursd by_th Mortgage to be immediately due and payable without further demand and may foreclose this - ortgage - by judici$1 proceeding. Lender - shall - be - emit - led to- collect -in- such- pr- occedin- g-al-1 e xpenses of fore closure, includi but n limited to, reasonable attorneys' fees and costs of documentary evidence, abst>�s and Title reports. 18. Bor Right to Reinstate. Notwithstandin Lender's acceleration of t he sums by th is Mortgage due to Bo rrower's breach, Borrowe shall h the right to have any proceedings begun by Lender to enforce this o diseont)n� at any time pr ior to entry y of a jud enforcing hi Mortgage if �a�Bo Lender all sums which would be then ue under this ortgage and the -Note- lad- no-acc- eler-ation occurred�-(b)Borro cures all breach of an other covenants or 10 -20-03 MTG PA OT 111110 1118 I ll l 1111111 1/1 x{ 1111111 111 1181 I IIII 1 1 1 1 1 1 1111 II I I 1 111111 I I II 1 1111 1111111 IN 1 IN III " 111017259394MT09000PA0012E50M MMMSBARGER " ORIGINAL (Page 7 of 10) 6- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incur - red= by= lyendera n= enforcing- the enants =and- agmem enrs = Borrower =contained=in -thi Mortgag and in enforcing Lender's remedi as provided in paragra 17 hereof includin but not limited - to - reasonable attorneys' fees; and -(d)- Borrower - takes -such- action -as- Lender- may- reasonabl - y require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obl- i- gation -te- pay - the - sums- secured -by -this- Mor-tgage- shall- conti- nue- uni-mpai- red.-Upon- such -pay -men and - cure - -- Borrower,- this - Mortgage- and- the_ obli. gati. ons - secured-her -eb-- y_shall -remain -in -full _ for -ce -and effect as if no accete� ion had occurred. - -Assignment_ oL-Rentc- Ap- po- intment_ of- Rec.eiver.-As_addi.tionaLsecurity hereunder wer hereby assigns to ender the of the - Property; provided that - Borr prior acceleration- under- paragraph47- hereof, -in- abandonment -of -the Property have- the - right to- collectand retain such rents as they become due and payable. ' T pon -ac - c-eleration- under - par- agraph-1 hereof-or- abandonment of- the-- Pr- oper-t-y-L- ender - shall --be entitled to have a receiver appointed by a court to enter upon, take e possession of and manage the rope and to coil a rents f tfie Property including t1� past due. Allrent�caltected�y the receiver shall be applied first to payment of the costs of management of the Property and collection of rents; iriclndi , but- sat receiver's feesEremiums on - receiver's - bonds and reason attorneys' fees, and then to the s ums secured by this Mortgage. The receiver shall be liable to account on y for t ose rents actua ly received. 20. Release. Upon payment of all sums secur by this Mortgage, Lender shall release this 1v1or gage wi_ other charg to Bo�rower._Borrowe.r_shallay al cos_ o reco a ton zany_. 21. Wai of Homestead. Borrower hereby waives all ri of homestead exemption in the Property under state or Federal - law. 22. Interest Rate After Judgm ent. 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. A rbitration Rider to N ote. The Arbitration Rider attached to and made a part of the Note is hereb eference and made a part of this ortgage. (THIS SPACE INTENTIONALLY LEFT BLANK) 10-20 MTG IIIIII�INI�IINIII�III�IIiI � llt� 1111fllllTIIIIINf< IIIi�1�IiIN1111111111f111111lhlill11111 Hill IIIIIIIIIIIIIIIIfIi PA0012EIS " 177017259394MT09000PA0012E60 ""MANSBARGER " ORIGINAL EXkuBIT B (Page 8 of 10) • - 7 REQUEST F OR NOTICE OF DEFAULT - ND FORECL UNDER SUPERIOR MORTGAGES_0"EEDS F TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a _ lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbr nce and o any sale or other f oreclosure -actlo -- - /_ - G - orrower KEPLY f. BARGER' rrower I- hereby_certif"hat_ the - precise_ addr- ess -of_thel,ender_(Mor-tgagee)-is: 4910 CARLISLE PIKE, SUITE 104 F HAFT SR11Rt^,PA 12050 On behalf of t e e—n er. By: JANINE M. SHEAFFER Title: SAI.FS ASSTSTANT OMMONNVEALTH- OF- PEN-NS- 'EVANIA, CUMBERLAND County - ss: I, DENISE M. CHUBB a Notary Public in and for said county and state, do hereby certify - that — WARD S MANS AND SBARGER :i persona known to me or proven satisfactorily to be the same person s w ose nam ffs su scrlbe to t - he foregoing ins rat, appeared - be - fore in persots, anti acknew a ge - that igned= and = deli- vered_ the instr-um.ent_as = -T-H =c_�= __ f ree- volunta; act,or the uses and purposes therein set forth. G iven under my an and official seal, , tthis 15TH day 0 FrEMBER 20 -04 COMMONWEALTH OF PENNSYLVANIA 10 S - - My Commission expires: Denise M. Chubb, Notary Pu blic R}� 7 - w.� '- CDUA2 My Commission Expires Oct 31, 2005 Member, Peartsylvama Association of- lotarles COM OF PENNSYLVANIA, County ss: I, a Notary Publ to an or sai county and state, do hereby - rertify-tha personally known to me or proven satisfactorily to be te same persons whose name (s su scrybed to t�foregoi instrument; appeared before - me - this - day - in persoi, ack nowledge t $ he signed and delivered the said instrument as free voluntary T ct-for -t-he- uses - and -pur- poses - therein- set - for -th. Given under my hand and official seal, this day of , 20 M y commission expires: Notary Public This instr was prepay y: ,TANI NE _M_.__SHEAI±FER 4��� CARL SHE PIKE, SUITE 104 1Aaa ;may MECHANICSBURG,PA 17050 UII�I IIIII �lll fill i�fl llill11111�1111111111111 I(li 111011011 Hill 11 hell loll 1111 11 11 llllll11f 6{i� 111 lllll�lf llll M177017259394MTG9000PA0012E70 ""MANSBARGER '� DATG - RAt E- XH I- Ba-T — (Page 9 of 10) _SSpaceL-Belo_w— Thisl.ine- Reserved -For- .endor_and- Record -- Return To: R ecordsProc ing-Sevvi lres 577 Lamont Road Elmhurst, IL 60126 Lo be rccurdt;d • � 1 +'� -�z� n- County —P- - . 10-20 -03 MTG PA0012E8 11Q1N1K11l IIlil 11l 11 III 11111h11II H ill oil 11 Hi 1111 llllll_��IIII= �Inil111111 * 177017259394MTG9000PA0012EB0 M ORIGINAL fl 8 9 1 P G 3 �: EX -I-B I-T- -B (Pgge 30 of 10) EXHIBIT A (PAGE 1) AND STATE SET FORTH ABOVE, IN DEED VOLUME S35 AND PAGE 777, TAX MAP PARCEn - D NO.: 10= 20-18 -98-16 1 i _ IIIIIIIIil ID�IIIIIIIIIIIIII�IIIII�III I�llllll11111Illllllllll�lllllllllllll1111. 1111 _�_III III�III�ll�ll�lllllll�l�a " 111017 259394MTG9000PA0012E00 N%MSBARGE - R — 6A7GINAL i E- XH -1 -B4 R Exhibi 11 C 11 .........._... _ ALL TM C')sfMA.TW 1kiete or parcel of around aitvate ift R asrpde* ' Cua'ber] Q . Cowat Comtooveeath of Ptamaylviasls, more V&rticularly hrauaadtd and deacrOed, as follows, to Vit. BMIXIrXM at n point on +.Nt canUr Bart of, Orr's Iridgea Road at the 7,i„ne of adjd aer�.,.' between Lots $ and 9 on the 'hereinafter uentioned Mars -or Lott, tMace Swi% 72 ' deg"co 3 *inutea 36 *=**do West 3,,16.0 feet to the low voter zoxk of bare ' C 00dogul set Creek; thence ]North 11 degree* 52 v&nuteo 32 oeaoodo Vest bar the low vater mark of the Cocv4oguinttt Creels 7'3.80 feet to a ppint; thence by saw North 14 degreeo 16 minutes h seccods Vest 26.% feat to e: point; dunes 'air Southern It'" of Lot Teo. 11 Nortb 72 degr,eee 3 m1mu:tes 36 seconds Psat 112.84 toot to a part cro the eenter lines of brir o Drupe Road-, theaca by tbt Uter $cutb. 16 degrees 38 m1autes 39 sass As tact 15.92 feet to it point: thence by amist South It degreewe 13 m1notto 59 stocada East 83.58 teat to the pout W4 place of 8f%TIMM. WX Lt11'& 9 and 10 on the Plan of bred S. Metier as, recwrdtt# in Cu*erlmA County Reaorde is Offlee im J'Un Nook 4 Page 101 and snorer opeciti,c ally shorn on the attached survey fox Terry L. and Kathleen S. Schell by C. W. 4Tu0*1ns and Associates, vh3ch lots e wmot be sold separately vitboat Towaesbip opprovel.. MAC part; or tbo where permits vhieh Aobt" R. Scht l tsteLte, et al, by deed dated Ampot 5. 1987 ants reieorded tat said Recorder's Office La Deed Sook 32.v, Page 837 greaated and conveyed moto Terry L. Sane 1, Sr. and Kathl S. Scbell, 'tbe Cnmtaers herein, vhc rave since been divorced by 7Detrett of Court or Coeation Pleas of Cumberland County. 1?enaey►lvamia,. UM:Mt Ab SUA1=T to all Act* of A6se`mbly, County and Tmonohip Ordinances, rightc of Public Utility abd Public SCrv:cc Companies, zx1sting restrictions wA escAmente, v1ci'b1t or of rearm, to the extent that air p+eroomo or eent1tits � boaxe acquired ,1ego4 rights beroto. rSMD PAAUSM An ALSO CQ3Ni" M vv&eor bad oul4tet to the folleavingn i. A 30e right of Vm 3=V* as Pzoval Drive Awn on attached r"Vey aloaarthe: 'swedt of said Creels for iroomas had egrena for all lot amem. mov or culasequent their lenents, users and occupier* a.:l Cireat+ceb, for themclves„ tbelr beirs and anai8ns, 6oeuaee the 2iab4l At7 at their expense to maizdein in its present cmdi ti4m that se ct en of said right of v*y tlset caroaues said Lots 9 and LO. 2. r There fj)v#. 1 be no seltln; or minufecturixg upon the txe Atsee. 3. The ri&btt of lot avers on Bald PUn. now or embomesat oad. oil. others, it any, leaving a 111ce 'right to u" the grmrel drive ahavn an at%selled cmx -vey , croos3* ' said preuists from i'roveU DxLyo to Orr's Aridge Aomd "a Grantees at their expanse for th"mewlves, their teirs used, easaigns, assuage the liesbslO r to mibtolu 044d gteilfel drite~voy in its pkeoeaat catictltioo on twat section of sesaie which is on eaid Loth 9 W EXHIBIT C McCabe, Weisberg & Conway, PC PO Box 9025 9 9025 Temecula 7196 90116 9296 3637 3732 deuce to: 2p12'�2'10 132 Send CorreSP° g Conway, PC M ��, UVeisberg 1266 Broad Street Suite 2080 1910 Ward Mansbar P - Philadelph�a, A 428 P {Hill,I Drive PA 1701 Camp EXHIBIT D PAACTC FLAT 7196 9006 9296 3837 3732 December 10, 2012 ACT 91/ ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH CONSUMER 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 name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at I -800- 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE AL LAMARD A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 69213 Page 1 1 EXHIBIT D HOMEOWNER'S NAME(S): Ward & Kelly Mansbarger PROPERTY ADDRESS: 428 Prowell Drive, Camp Hill, Pennsylvania 17011 LOAN ACCT. NO. ORIGINAL LENDER: BENEFICIAL CDC DBA BENEFICIAL MORTGAGAGE CO. OF PENNSYLVANIA CURRENT LENDER/SERVICER: HSBC Consumer Lending (USA) Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOS URE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOS URE --Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. (Plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELINGAGENCIES - - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers ofdesignated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and _,file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing the foreclosure action, the application MUST be forwarded to PHFA and received within thirty (30) days of your "face -to- face" meeting with your counseling agency. 69213 Page 2 x EXHIBIT D YOU SHOULD FILER HEMAPAPPLICATION SOONAS POSSIBLE IF YOUHAVEA MEETING WITH A COUNSELINGAGENCY WITHING 33 DAYS OF THE POSTMARKED DATE OF THIS NOTICE FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED 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. AGENCY ACTION --Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWINGPART OF THIS NOTICE IS FOR INFORMATIONPURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 428 Prowell Drive, Camp Hill, Pennsylvania 17011 IS SERIOUSLY IN DEFAULT because: Y (_) IIAVE .NO'l.' �'IA €.)E 'Il }.)_E MON\T 11..1_,.L ' PAYMEN - TS for the. following 1l orlihs and Ole f `bllow.inO amounts ar now past clue: $22,498.00 for the trionihs of .? !latch 2 {I, 20.1 1. throug.h Deceiytber 1, 2012. Other charges have also accrued to this date in the fo ?llotiyink amounts: Tax Advances: $2 35 The too anio vint now reqalred to cure this default., or in other words, get caught. up.ln your payments, as of the date of this letter, is $24,669.35. HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $24,66935, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check. certified checkor money order made Davable andsent to.' HSBC Consumer Lending (USA) Inc. 2929 Walden Ave Depew, New York 14043 69213 Page 3 E EXHIBIT D IF YOU DO NOT CURE THE DEFAULT - -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the`mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morteaeed property IF THE MORTGAGE IS FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. if you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the SheritTs Sale as specified in writing by the lender and by performing any other reauirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE --It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately FIVE months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: HSBC Consumer Lending (USA) Inc. Address: 961 Weigel Drive, Elmhurst, Illinois 60126 Phone Number: (888) 395 -6000 EFFECT OF SHERIFF'S SALE - -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - -You may or 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 attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 69213 Page 4 EXHIBIT D YOU MA Y A LS 0 HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. 0 TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 0 TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU Ci THE THEDEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 0 TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, 0 TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days of the date of this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from the date of this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of debt. If you request this office in writing within thirty (30) days of the date of this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice Consumer Credit Counseling Agencies SENT VIA REGULAR AND CERTIFIED MAIL RETURN RECEIPT REQUESTED r� 69213 Page 5 EXHIBIT D Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act ( FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after the date of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with 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 of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. The Law Office of MCCABE, WEISBERG & CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty (30) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. DATE: December 10, 2012 McCabe, Weisberg & Conway, P.C. for HSBC Consumer Lending (USA) Inc. 69213 Page 6 EXHIBIT D Cumberland County *CCCS of Western Pie •• York 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.511.2227 www.cecspa.org Community Action Commission - Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 www.cactricounty.org I- arri:> butg Fair Housing Council 2100N 6th St Harrisburg PA 17110 717.238.9540 Housing & Redevelopment Authority - Cumberland Cnty 114 N Hanover St; STE 104 Carlisle PA 17013 866.683.5907 / 717.249.0789 www.cchra.corm Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 www.ruralisc.org % pathstone_pa.htrm Pennsylvania Interfaith Community Programs, Inc. 40 E High St Gettysburg PA 17325 717.334.1518 www.adamscha.org TA 69213 Page 7 EXHIBIT D McCabe, Weisberg & Conway, PC PO Box 9025 Temecula, CA 92589.9025 7196 9006 9296 3837 3749 Send Correspondence to: McCabe, Weisberg & Conway, PC 126 South Broad Street 20121210 -132 Suite 2080 Philadelphia, PA 19109 Kelly Mansbarger 428 Prowell Drive Camp Hill, PA 17011 EXHIBIT D PAACTC_FLAT 7196 9006 9296 3837 3749 December 10, 2012 ACT 91/ ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 -342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF'ICACION OBTENGA UNA TRADUCCION INMEDITAMENTE AL LAMARD A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 69213 Page 1 EXHIBIT E HOMEOWNER'S NAME(S): Ward & Kelly Mansbarger PROPERTY ADDRESS: 428 Prowell Drive, Camp Hill, Pennsylvania 17011 LOAN ACCT. NO.: ORIGINAL LENDER: BENEFICIAL CDC DBA BENEFICIAL MORTGAGAGE CO. OF PENNSYLVANIA CURRENT LENDER/SERVICER: HSBC Consumer Lending (USA) Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE the Act, you are entitled to a temporary stay 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 of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELINGAGENCIES - -If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing the foreclosure action, the application MUST be forwarded to PHFA and received within thirty (30) days of your "face -to- face" meeting with your counseling agency. 69213 Page 2 EXHIBIT D YOUSHOULD FILER HEMAPAPPLICATION SOONAS POSSIBLE IF YOUHAVEA MEETING WITH A COUNSELINGAGENCY WITHING 33 DAYS OF THE POSTMARKED DATE OF THIS NOTICE 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 EXPLAINED 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. AGENCY ACTION --Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 428 Prowell Drive, Camp Hill, Pennsylvania 17011 IS SERIOUSLY IN DEFAULT because: YOTJ MON':l'I l -.Y :t- 'AY:NIl:;N'i:s for the followi.nst mori .lEs and the f'o €lowina arnount:s are now past: clue: 522,498.00 for the months of March 2 -0, 20 l 1. throur:.h Dec,uuber 1, 2017. Offier charges have also accrued to This elate in the following amounts: Tax 42,171.3 The total aniount now regLdred to cure this default.. or in other words. get cauV-ht up in your paymenvs, as of the date of this letter. is $24,669.35. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $24.669.35, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash cashier's check certified check or money order made yoyable and sent to. HSBC Consumer Lending (USA) Inc. 2929 Walden Ave Depew, New York 14043 69213 Page 3 K k E EXHIBIT D IF YOU DO NOT CURE THE DEFAULT - -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the SheritPs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately FIVE months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: HSBC Consumer Lending (USA) Inc. Address: 961 Weigel Drive, Elmhurst, Illinois 60126 Phone Number: (888) 395 -6000 EFFECT OF SHERIFF'S SALE - -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - -You may or 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 attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 69213 Page 4 EXHIBIT D YOU MAYA LS0 HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURETHEDEFAULT. (HOWEVER, YOU DO NOT HAVETHIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days of the date of this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from the date of this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of debt. If you request this office in writing within thirty (30) days of the date of this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice Consumer Credit Counseling Agencies SENT VIA REGULAR AND CERTIFIED MAIL RETURN RECEIPT REQUESTED 6 Page 5 I Y EXHIBIT D Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act ( FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after the date of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with 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 of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. The Law Office of McCABE, WEISBERG & CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty (30) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. DATE: December 10, 2012 McCabe, Weisberg & Conway, P.C. for HSBC Consumer Lending (USA) Inc. 69213 Page 6 EXHIBIT D Cumberland County *CCC%, of W esters PA - York 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.511.2227 www.cccspa.org Community Action Commission - Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 www.cactricounty.org Harrisburg lair Housing Council 2100N6thSt Harrisburg PA 17110 717.238.9540 1 k)using & lei #evOopment l" uthocity ° Cumberland fv niy 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 717.234.6616 www.ruralisc.orgi pathstone_pe.litrn Pennsyluan4i Interfaith Community Programs, Inc. 40 E High St Gettysburg PA 17325 717.334.1518 www.adamscha.org 69213 Page 7 EXHIBIT D r FORM l Beneficial Consumer Discount Company IN THE COURT OF COMMON PLEAS OF � ­:A Plaintiff CUMBERLAND COUNTY, PENNSYL�A4DL �+ C) V Ward S. Mansbar er and Kell A. Mansbar Ter `�� Civil g Y b - . Defendants 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 [Signatu of Counsel for Plaintiff] 69213 Page I 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/1"RI MARY APPLICANT 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 on household: How long? 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: 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: 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: I 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) 3 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 at 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 BELOW. THIS OFFICE CAN PROVIDE TIENE A UN ABOGADO, VA A O YOU WITH INFORMATION ABOUT TELEFONEA LA OFICINA EXPUSO HIRING A LAWYER. ABAJO. ESTA OFICINA LO PUEDE IF YOU CANNOT AFFORD TO PROPORCIONAR CON INFORMATION HIRE A LAWYER, THIS OFFICE MAY BE ACERCA DE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES PROPORCIONAR PARA EMPLEAR UN THAT 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 11 DEC 12ver3.0 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Please Note: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity of the debt, or any portion of the 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 of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the 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 creditor of your debt, we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: BENEFICIAL CONSUMER DISCOUNT COMPANY D /B /A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA v. Ward S. Mansbarger and Kelly A. Mansbarger Cumberland County PA Complaint I -A (CML Owner) Page 3 11DEC12ver3.0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson i i t ita d0 t r{R Ct�f i '' Sheriff Jody S Smith r, ff 2014 FEB 1 1 PM 3: f 5 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Beneficial Consumer Discount Company d/b/a Beneficial vs. Case Number Ward S. Mansbarger(et al.) 2014-604 SHERIFF'S RETURN OF SERVICE 02/05/2014 02:24 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Ward Mansbarger, Husband, who accepted as "Adult Person in Charge"for Kelly A. Mansbarger at 428 Prowell Drive, Hampden Township, Camp Hill, PA 17011. ILA „ 0 JAI I: DIMARTLE, H P 02/05/2014 02:24 PM- Deputy Jamie DiMartle, 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: Ward S. Mansbarger at 428 Prowell Drive, Hampden Township, Camp Hill, PA 17011. Aat J IE DIMARTL MPUTY SHERIFF COST: $60.95 SO ANSWERS, :"./1) February 07, 2014 RONNY ANDERSON, SHERIFF