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HomeMy WebLinkAbout14-3539 Supreme Cour'of?Pennsylvania COLIC , 6"'lD30, Tleas For Prothonotary Use Only: Civ>Il GoverySweet Docket No: Cumberland County AV The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S x1 Complaint ® Writ of Summons ® Petition El Transfer from Another Jurisdiction © Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Cumberland Valley Habitat For Humanity, Inc. Tami R. Carey Are money damages requested? Yes D No Dollar Amount Requested: within arbitration limits I (check one) E outside arbitration limits O N Is this a Class Action Suit? Q Yes I@ No Is this an MDJAppeal? Yes O No A. Name of Plaintiff/Appellant's Attorney: Michael A. Scherer, Esquire Check here if you have no attorney (are a Self-Represented [Pro Set 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 n Buyer Plaintiff Administrative Agencies Malicious Prosecution ril Debt Collection:Credit Card Board of Assessment Motor Vehicle Debt Collection:Other Board of Elections ®Nuisance n Dept.of Transportation S © Premises Liability 0Statutory Appeal:Other Q Product Liability(does not include Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination C Q Other: © Employment Dispute:Other 13 Zoning Board � Other: T I Other: O MASS TORT lI Asbestos N Q Tobacco Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment ® Common Law/Statutory Arbitration B 0 Other: M Eminent Domain/Condemnation ❑-i Declaratory Judgment 0 Ground Rent [3 Mandamus M Landlord/Tenant Dispute Q Non-Domestic Relations J Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 13 Quo Warranto 0 Dental 0 Partition ❑J Replevin 0 Legal © Quiet Title 0 Other: n Medical ® Other: ❑l Other Professional: Updated 1/1/2011 CUMBERLAND VALLEY IN THE COURT OF COMMON PLEAS OF HABITAT FOR HUMANITY INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. N-33 J TAMI R. CAREY, CIVIL ACTION-LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street e7a Carlisle, Pennsylvania 17013 =' (717) 249-3166 r� � r n-- I'- CD S c alp CUMBERLAND VALLEY IN THE COURT OF COMMON PLEAS OF HABITAT FOR HUMANITY INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. TAMI R. CAREY, CIVIL ACTION-LAW Defendant COMPLAINT 1. Plaintiff, Cumberland Valley Habitat for Humanity, Inc., is a Pennsylvania non-profit corporation with a mailing address of 39 Heisers Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Tami R. Carey, (hereinafter referred to as "Defendant"), is an adult individual residing at 438 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant is the owner of the real property subject to the mortgage described below. 4. On or about January 5, 2004, in consideration of her indebtedness to Plaintiff in the amount of fifty-two thousand five hundred eighty-four dollars ($52,584.00), Defendant, made, executed and delivered to Plaintiff her Promissory Note (hereinafter referred to as "Note") in favor of Plaintiff, in the amount of fifty-two thousand five hundred eighty-four dollars ($52,584.00). 5. As security for the performance of her obligations under the Note, Defendant, made, executed and delivered to Plaintiff a mortgage (hereinafter referred to as "Mortgage") upon which the real property located 438 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, which mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1850, Page 3681 on January 7, 2004. A true and correct copy of the Mortgage is attached hereto as "Exhibit A." 6. The Mortgage covers the following described property: ALL that certain tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lot now or formerly of John Kinert; on the East by North Pitt Street; on the South by lot now or formerly of Clarence Shambaugh, and on the West by an alley; containing thirty (30) feet in front on North Pitt Street and extending an even width one hundred and sixty (160) feet to said alley, more or less. BEING the same property which Russell J. Brenneman and Irene Z. Brenneman, husband and wife, granted and conveyed to Cumberland Valley Habitat For Humanity, Inc., by Deed dated December 12, 1999, which Deed was recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 215, Page 60. 7. Defendant has defaulted under the terms and conditions of the Mortgage and Note by failing to make monthly payments of principal upon said Mortgage since November, 2011 and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon failure of Defendant to make such payments after a date specified by written notice sent to Defendant, the entire principal balance thereon is collectible forthwith. 8. Defendant is indebted to Plaintiff under the Note and Mortgage as follows: Principal balance as of $ 32,790.59 Late Fees $ 100.00 $ 32,890.59 9. Said:Mortgage provides that Plaintiff is entitled to attorney's fees and costs of title evidence to the extent permitted by law. 10. Plaintiff served Notice of Plaintiff's Intention to Foreclose on the real estate of Defendant and provided Defendant with Notice of Defendants Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certified mail on or about February 10, 2012. A true and correct copy of the said notice is attached hereto as "Exhibit B." 11. Defendant has failed to cure the default. 12. Defendant has failed to meet with the Plaintiff or any of the consumer credit counseling agencies listed in the notice and have further failed to meet the time limitations specified in the notice. WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $32,890.59 plus interest thereafter for per diem, additional late fees coming due, actual attorney fees, costs and expenses against Defendant, Mortgagor and real owner and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, BARIC SCHERER LLC M054A.'Slkherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Cumberland Valley Habitat for Humanity, Inc. r DATE: 1 By: JerryNichols Executive Director i r U MORTGAGE THIS MORTGAGE("Security Instrument")is given on January 5,2004. The mortgagor is TANII R.CAREY, single person,whose address is 438 North Pitt Street,Carlisle,Cumberland County,Pennsylvania 17013("Borrower"). This Security Instrument is given to CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., a Pennsylvania'non-profit corporation with mailing address of P.O.Box 147, Carlisle,Cumberland County,Pennsylvania("Lender"). Borrower owes Lender the principal sum of Fifty-two Thousand,Five Hundred Eighty-four Dollars and 00/100 (U.S. $52,584.00) This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments,with the full debt, if not paid earlier, due and payable on January 1,2029. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,and all renewals,extensions and modifications;(b) the payment of all other sums advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: SEE EXHIBIT"A" (LEGAL DESCRIPTION)ATTACHED With address of 438 North Pitt Street, Carlisle,PA 17013 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security__ Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: 1. Payment of Principal; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of the debt evidenced by the Note and any late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments are due under the Note,until the "EXHIBIT All Note is paid in full,a sum("Funds")equal to one-twelfth of. (a)yearly taxes and assessments which may attain priority over this Security Instrument;and(b)yearly hazard insurance premiums. These items are called"escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account orverifying the escrow items,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender,together with the future monthly payments of Funds payable prior to the due dates of the escrow items,shall exceed the amount required to pay the escrow items when due,the excess shall be,at Borrower's option,either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due,Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to amounts payable under paragraph 2; and last, to principal due. 4. Charges; Liens. . Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner,Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. 2 . a Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. BORROWER SHALL NOT PERMIT A SECOND MORTGAGE OR THE LIEN OF ANY OTHER SUBORDINATE FINANCING TO BE PLACED AGAINST THE PROPERTY FOR FIVE YEARS FROM THE DATE OF THE NOTE. 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 any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. F Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 3 6. Preservation and Maintenance of Property; Use as Principal Residence. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste,nor allow any illegal activity to occur on the Property. Borrower shall occupy the Property at all times as a principal residence and shall not lease the Property or any portion of the Property to any person. 7. Protection of Lender's Rights in the Property;Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate, for condemnation or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall be payable upon notice from Lender to Borrower requesting payment. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property,unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower,or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 4 e Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signors. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 5 D 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument: However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument; including, but not limited to, reasonable attorneys'fees; and(d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no 6 . < l acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. 19. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b)the action required to cure the default; (c) when the default must be cured; and(d)that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property,Lender(in person, by agent or by judicially appointed receiver) shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including ; those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the , costs of management of the Property and collection of rents,including,but not limited to,receiver's t fees,premiums on receiver's bonds and reasonable attorneys'fees, and then to the sums secured by this Security Instrument; 21. Release. Upon payment of all sums secured by this Security Instrument,Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation r costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. ; k 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a , judgment is entered on the Note or in an action of mortgage foreclosure shall be the legal rate. F 7 25. Further Obligation of Borrower. Borrower and Lender have entered into a certain Right of First Refusal and Shared Appreciation Agreement dated the same date as this Security Instrument,and Borrower agrees that any actual or attempted breach or violation by Borrower of that Agreement shall be a default under this Security Instrument and shall entitle Lender to exercise all of its rights under this Security Instrument, including acceleration. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument. Witness:.-._ 7 ,^ (Seal) ami R. C ey I hereby certify that the precise residence and complete post office'--a.ddress of the within Mortgagee is: P.O. Box 147, Carlisle, PA 17013 �.-- f l t. i attorney nt o o agee COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this,the 5t'day of January,2004,before me,the undersigned officer,personally appeared Tami R. Carey,single person,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m h d d offici s 1. AT Notary Public ! RCS/12-03 F9cl�EE L. MURRAY; jvntFiry.r-.'j lie ! f -?a*t-",.i ro,Hume'°land Couer y; pAE .w r ;�, �iselan Expires Dec.is,,gjK i 8 EXHIBIT "A" LEGAL DESCRIPTION ALL that certain tract of land situated in the Borough of Carlisle,Cumberland County,Pennsylvania,bounded and described as follows: ON the North by lot now or formerly of John Kinert;on the East by North Pitt Street;on the South by lot now or formerly of Clarence Shambaugh,and on the West by an alley;containing thirty(3 0)in front on North Pitt Street and extending an even width one hundred and sixty(160)feet to said alley,more or less. 9 . . . ACT 91 /. 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE p Date: February 10, 2012 To: Tami Carey 438 N. Pitt Street Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet 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 may 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 LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO"HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. l STATEMENTS OF POLICY I Homeowner's Name(s): Tami Carey Property Address:438 N. Pitt Street, Carlisle PA 17013 ` Original Lender:Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation, Current Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation 39 Heisers Lane, Carlisle, PA 17015 t Loan (08886000050) "EXHIBIT B" 1 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR.HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE"ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT-HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR 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- 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. During that time you must arrange and attend a face-to-face meeting with one of the.consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY(30) DAYS. 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 COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice the lender may NOT take action against youfor 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 -Your.mortgage is in a default for the reason set forth later in this Notice(see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, ' sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing.Finance Agency..Your application MUST be filed or postmarked within thirty (30)days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY E PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited.They will be disbursed by the Agency under the eligibility criteria established by the Act.The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. f NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, I THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can sill apply for Emergency Mortgage Assistance) t 2 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:438 N. Pitt Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: , A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End October 1,2011 thru February 10, 2012. at$505.09 per month. Monthly Payments Plus Late Charges Accrued $2,575.45 NSF: $0 Inspections: $ 0 Other $0 (Suspense) $ 0 Total amount to cure default $2,575.45 B. YOU HAVE FAILED TO.TAKE THE FOLLOWING ACTION.(Do not use if not applicable): N/A 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 2,575.45, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent.to: Cumberland Valley Habitat for Humanity, Inc.,39-Heisers-Lane, Carlisle, PA 17015, (717)258-1830. You can cure any other default by taking the following action within THIRTY(30) DAYS of the date of this letter. 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 mortgaqe debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 owed to 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 ogler sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within THIRTY(30) DAY period and foreclosure proceedings have begun, ryou 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 Sheriff's 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. 3 EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX(6) 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: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane,.Carlisle PA 17015 phone -(717)258-1830 fax—(717)258-1830 email—cvhfh@earthlink.net 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 X may not(check one)sell or transfer your home to a.buyer or transferee who will assume the mortgage debt;,provided that all the outstanding payments, charges and attorney's fees and cost are paid prior.to or at the sale and that the other requirements of the mortgage are satisfied.. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE.DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS S IVAN& ROGERS Ja K Iso, quire cc: Jerry Nichols, ED CVHFH i Mailed by 1s'Class mail/Certificate of Mailing and Certified Mail No.:7D)0 DZq 0 0 DOD jpq 7D$72-7 i 4 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE.ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES PA Interfaith Community Programs, Inc. 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 1.7268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 i i 5 Postal CERTIFLED MAIL., RECEIPT DoI I I • 1 I I rU M1 For delivery intormation visit our website at www.usps.coni,,.. OFFICIAL, USE �l I- _- Postage $ ,u Certified Fee 5 O Retum Reoelpt Fee Postmark C3 (Endorsement Required) 2-S5 Here O Restricted Delivery Fee l.3 (Endorsement Required) Ir ll1(J W Tote]Postage&Fees $ O O [ti or PO n(.. `TJ �1 wry._ �.. �- --- ---------------- I,r .ALIgUst 2006 See Revelse fol Inshuctions SENDER: ; COMPLETE THIS SECTION ON DELIVERY n:Complete Iterrr�1,2;,et]d'3 Als6rcomplefe A sf item 4 Oestricted DelN 1%deMred. 0 Agent Print your name end addres ,on the reverse X C]Addressee sorthat,We=f'etUM t119 osrdrtoilyou., ; g elive C.[3ate of Dry ■Attach thistcard to'the track d tsimailplece, or on the front if spacepermits. t', ArticleAddressed�fo . ��'s ,i� D Is°delivery address Brom•Itiini 2 ❑"Yes t RYES,er>ter'delivery!a dress-below.. Q No DVI . 3 3 NIaIf O Express Mail 'U Registered 0 Rel m'Receipt for Merchandise. . J}Inured Mail. Q'C:O.D. I 4:: RGSWOWe Delivd.W 18*4 Fee) Yes 2' 1'-- 7010 :0290 0000 -647.0 8727 l ' { Ps Form 3811,February 2004 Domestic Retum Receipt 102595-62-W1640 t6ao ` CUMBERLAND VALLEY IN THE COURT OF COMMON PLEAS OF HABITAT FOR HUMANITY, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. /4/_J s37 TAMI R. CAREY, CIVIL ACTION-LAW `4T},-= Defendant -<> �- �CD —+c� NOTICE OF RESIDENTIAL ' ., MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During the 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: vljAav-� e A. cherer, Attorney for Plaintiff i CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE 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: CUSTOMER/PRIMARY APPLICATION Borrower name (s): Property Address: City : State: Zip: Is the property for sale? Yes ❑No ❑ Listing date: Price: $ Realtor name: Realtor Phone: Borrower occupied: Yes ❑ No ❑ Mailing address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How long? CO-BORROWER Mailing address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How long? i 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 Payments Amount $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Credit Housing Agency? Yes ❑ No ❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes,please indicate the status of the application Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (name): Phone: Servicing Company (name): Contact: Phone: AUTHORIZATION I/we, , authorize the above named to use/refer to this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: ✓Proof of income ✓Past 2 bank statements ✓Proof of any expected income for the last 45 days ✓Copy of current utility bill ✓Letter explaining reason for delinquency and any supporting documentation(hardship letter) ✓Listing agreement (if property is currently on the market) ✓Copy of 2 years of federal income tax returns ✓Copy of deed CUMBERLAND VALLEY IN THE COURT OF COMMON PLEAS OF HABITAT FOR HUMANITY, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. TAMI R. CAREY, CIVIL ACTION-LAW Defendant REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Signature of Defendant's counsel/Appointed Date Legal Representative Signature of Defendant Date r CUMBERLAND VALLEY IN THE COURT OF COMMON PLEAS OF HABITAT FOR HUMANITY, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. TAMI R. CAREY, CIVIL ACTION-LAW Defendant CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request For Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation conference on , at a.m./p.m. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon Plaintiff/Lender and its counsel a copy of the "Cumberland County Residential Home 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 date upon which service of the completed Form 2 is to be made may be extended. Upon notice of the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. i i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith t6r"t•94, Chief Deputy ' i Richard W Stewart 71j11BERL A N D Solicitor �� ; E�- ' NES 1//�r` t�a �!� Cumberland Valley Habitat for Humanity Inc vs. Case Number Tauri R Carey 2014-3539 SHERIFF'S RETURN OF SERVICE 06/12/2014 06:09 PM - Deputy Christopher Sharpe, 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:Tami R Carey at 438 North Pitt Street, Carlisle Borough, Carlisle, PA 17013. (STOP R. SHARPE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, June 13, 2014 RONO R ANDERSON, SHERIFF Cumberland Valley Habitat for Humanity Tami R. Carey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) Plaintiff, ) CASE NO. 2014-3539 ) vs. ) ) ) Defendant. ) ) C-) C=1 CIVIL ACTION -LAW-, a SUGGESTION OF BANKRUPTCY COMES NOW the Defendant, Tami R. Carey , through his/her undersigned attorney, and would show the Court: 1. He/She has filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the Middle District of Pennsylvania , which bears the case number 1:14-bk-03473 2. Relief was ordered on July 29, 2014. 3. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 4. This is for informational purposes only, and does not constitute a notice of appearance by the undersigned. WHEREFORE, the defendant suggests that this action has beer staye sy the s .tion of 11 U.S.C. § 362. Steph Wade Parker (315606) orney for Debtor Parker Law Firm, P.C. P.O. Box 1598 Camp Hill, PA 17001 IT IS HERBY CERTIFIED that a copy of the foregoing Suggestion of Bankruptcy was delivered by mail to Cumberland Valley Habitat for HumanitY, c/o Michael Scherer, 19 West Sou et, Carlisle, PA 17013 and Bruce Warshawsky, Cunningham & Chernicoff, P.C., 2320 North Second Street, rrisb rg, PA 17110, this August 21, 2014 St1W ade Parker (315606) Attorney for Debtor Parker Law Firm, P.C. P.O. Box 1598 Camp Hill, PA 17001 Software Copyright (c) 1996-2014 Best Case, LLC - wwwbestcase.com Best Case Bankruptcy USBC PAM - LIVE - VERSION 5.1 Page 1 of 2 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 13 of the United States Bankruptcy Code, entered on 07/29/2014 at 6:01 PM and filed on 07/29/2014. Tami R. Carey 438 North Pitt Carlisle, PA 17013 SSN / ITIN: xxx-xx-7032 The case was filed by the debtor's attorney: The bankruptcy trustee is: Stephen Wade Parker Parker Law Firm, P.C. 1017 Mumma Road Suite 105 Wormleysburg, Pa 17043 7173190231 Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 The case was assigned case number 1:14-bk-03473-MDF to Judge Mary D France. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecf.pamb.uscourts.gov/ You must first register at this web site: http://pacer.psc.uscourts.gov/ There is no registration fee. However, the Judicial Conference of the United States has established a fee for access to information in PACER. All registered users will be charged as follows: Use of the PACER system will generate a .10 per page charge, and Audio files of court hearings retrieved via PACER will generate a 2.40 per file charge. Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M -F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court https://ecf.pamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?235851 R/7 11'n 14