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�'or i'rolhonotaryUse Only. ' Suprem e Court ofPe;nn slvania. r Q U '��C111'�11, { Itaa CIV it e7 CIV � 1t � ` IIl 'andDocket No fl '�.O LJ 17`1 1' The information collected on this form is used solely for court administration purposes. This form does not supplement or re lace thefiling and service of leadin s or other papers as required by law or rules of court. ' V Commencement of Action: ®Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking �f. Lead Plaintiffs Name:HSBC Bank USA,N.A. Lead Defendant's Name:Louis E.Schmidt ,w vIaxa"Y Are there money damages requested? ❑ Yes ®No Dollar Amount Requested: ❑within arbitration limits 0 (check one) 11outside arbitration limits Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C. ❑ Check here if you have no attorney(a Self-Represented (.Pro Se) Litigant) Si:nctd-"�c'1uY' t, 10 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. ti 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 `ks ❑Motor vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Department of Transportation 11 Premises Liability(does not include ❑ Statutory Appeal:Other mass tort) 5'k ❑Slander/Libel/Defamation ❑Employment ent Dis ute: p P ❑Other: Discrimination y ,C ,aa ❑Employment Dispute: Other _ ❑Zoning Board ' ❑Other %a NT:x h *t ❑Other MASS TORT ❑Asbestos _ ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ,. ❑Toxic Waste 1:1 Ejectment El Common Law/Statutory Arbitration ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment {' ❑Ground Rent ❑Mandamus i ❑Landlord/Tenant Dispute ❑Non-Domestic Relations Restraining Order ®Mortgage Foreclosure:Residential g oa , PROFESSIONAL LIABILITY 11Mortgage Foreclosure:Commercial ❑Quo Warranto §`N' ❑Dental ❑Partition ❑Replevin El Other: ❑ ❑Legal Quiet Title ❑Medical ❑Other: '; '• ❑Other Professional: Updated 1/1/2011 v 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. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L. WUNDER,ESQUIRE-ID# 315954 LENA KRAVETS,ESQUIRE-ID# 316421 CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank USA,N.A. CIVIL ACTION NUMBER: /y�'��� 2001 Bishops Gate Blvd. Mt. Laurel ,NJ 08054-4604 COMPLAINT IN MORTGAGE V. FORECLOSURE Louis E. Schmidt 545 Appalachian Avenue Mechanicsburg,Pennsylvania 17055 and Patricia L. Schmidt 545 Appalachian Avenue Mechanicsburg,Pennsylvania 17055 CIVIL ACTION/MORTGAGE FORECLOSURE CS ) 0.f�-} 'S�� TT PA Complaint 2-C(PHH Servicing for HBUS) '? NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages,you must take action within ex-puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE.SI USTED NO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER,THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, Pennsylvania 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 1701.3 (800) 990-9108 PA Complaint 2-C(PHH Servicing for HBUS) 5 A 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: HSBC Bank USA,N.A.v. Louis E. Schmidt and Patricia L. Schmidt Cumberland County PA Complaint 2-C(PHH Servicing for HBUS) CIVIL ACTIONIMORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage brought on behalf of HSBC Bank USA,N.A. ("Plaintiff'). 2. The Defendants, Louis E. Schmidt and Patricia L. Schmidt, ("Mortgagors") are the real owners of the mortgaged property hereinafter described.The last known address of Mortgagors 545 Appalachian Avenue,Mechanicsburg, Pennsylvania 17055. 3. Attached hereto as Exhibit "A" is a true and accurate copy of the promissory note and/or loan agreement ("Note") bearing the date of April 13, 2007, in which Louis E. Schmidt promised to pay the sum of$197,500.00 ("Loan"). 4. Attached hereto as Exhibit`B"is a copy of the mortgage("Mortgage"),dated April 13, 2007, and bearing the names of mortgagors, as the mortgagors, on real estate together with all improvements thereon, located at 545 Appalachian Avenue, Mechanicsburg, Pennsylvania 17055 ("Real Estate").A true and accurate copy of said Mortgage is attached as Exhibit"B". The Mortgage was duly recorded on April 20, 2007, in Mortgage Book 1989,. Page 1215 in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania.PHH Mortgage Corporation("Servicer")is providing mortgage loan services to the Plaintiff, and is authorized to act on the Plaintiffs behalf. 5. An assignment dated December 7, 2011 transferring the Mortgage from Mortgage Electronic Registration Systems,Inc.as Nominee for HSBC Mortgage Corporation(USA)to HSBC Bank USA, N.A. was prepared and duly recorded on December 9, 2011, as Instrument Number 201134290, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania ("Assignment").A true and correct copy of said Assignment is attached hereto as Exhibit"C". 6. The Real Estate subject to the Mortgage is described in the legal description attached PA Complaint 2-C(PHH Servicing for HBUS) hereto as Exhibit"D". 7. 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 June, 2011 payment and all payments thereafter. 8. The business records maintained by Servicer, demonstrate that a combined notice ("Combined Notice"),was mailed by registered or certified mail,to Mortgagors at Mortgagors'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"E". 9. As of November 4,2014,there is due and owing amounts secured by the Mortgage in the sum of$223,559.55, which amount due includes the following: Principal Balance $ 191,806.10 Interest through November 4,2014 At the $ 13 953.37 current rate of 3.0000%Advances for Taxes $ 10,824.01 Advances for Hazard Insurance Advances $ 1,570.00 ` for Private Mortgage Insurance Pre- $ 3,721.34 acceleration Late Charges $ 304.73 Broker's Price Opinion $ 790.00 Property Inspection Fees $ 527.50 Property Preservation Costs $ 62.50 Total: $ 223,559.55 Less Suspense Balance or Escrow Surplus, if any $ 0.00 Less Restricted Escrow Balance, if any $ 0.00 Less Payments Applied to Escrow Advance, if any $ 0.00 Total Amount Due or Owed: $ 223,559.55 The per diem interest due from November 4, 2014 is $15.76. PA Complaint 2-C(PHH Servicing for HBUS) WHEREFORE, Plaintiff demands in rem judgment against the Defendants in the sum of $223,559.55, together with the current interest at the rate of 3.0000% and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. McCABE,WEISBERG& CONWA P.C. errence J.McCabe,Esquire [ arc S.Weisberg,Esquire `L J Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E.Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire ( ]Celine P.DerKrikorian,Esquire [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire [ ]Carol A.DiPrinzio,Esquire Attorneys for Plaintiff VERIFICATION I am employed as a(n) Assistant Vice President of PHH Mortgage Corporation and do hereby verify that I am authorized to and do make this verification on behalf of the Servicer and the facts set forth in paragraphs 1 through 9 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 William Bellows Printed name of Signatory On behalf of PHH Mortgage as authorized agent of HSBC Bank, USA,N.A. Its: Assistant Vice President Signatory's Title Name: HSBC Bank USA,N.A.v.Louis E. Schmidt and Patricia L. Schmidt Loan Number ending with: 7404 PA Complaint 2-C(PHH Servicing for HBUS) V EXHIBIT "All f NOTE April 13, 2007 CAMP HILL PENNSYLVANIA (lute! [city] (state] 545 APPALACHIAN AVENUE, MECHANICSBURG, PA 170SS [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 197,500.00 (this amount is called"Principal"), plus interest, to the order of the Lender. The Lender is HSBC Mortgage Corporation (USA) will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 6.7500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A)Time and Place of Payments will pay principal and interest by making a payment every month. 1 will make my monthly payment on theist day of each month beginning on June 01, 2007 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 01, 2037 , I still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the"Maturity Date." I will make my monthly payments at 2929 WALDEN AVENUE, DEPEW, NY 14043 or at a different place if required by the Note Holder. (B)Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,290.99 4. BORROWER'S RICHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. CD 3002 MULTISTATE FIXED BATE NOT&Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3200 1101 Wolters Kluwer Financial Services VMP0-5N 10207102 pop I of 3tNtiBt�:� Loan# ALLONGE FOR THE PURPOSE OF FURTHER ENDORSEMENT OF THE FOLLOWING DESCRIBED NOTE,THIS ALLONGE IS AFFIXED AND BECOMES A PERMANENT PART OF SAID NOTE: Note Date 04 13 2007 Loan Amount197 500.00 Borrowers Name: Louis E.Schmidt Property Address: 545 Appalachian Avenue Zi 17055 City Mechanicsbure State PA P PAY TO THE ORDER OF,WITHOUT RECOURSE: HSBC Mortgage Corporation(USA) BY. mes M Maher in,Vice President and As Secretary, Residential Mortgage Loan Administrative Services Division of HSBC Mortgage Corporation(USA) i i i 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this 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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be S.00%of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B)Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C)Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if l am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. CD 3002 Form 3200 1_01 VM P O-5 N(0207)02 Pape 2 of 3 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed(the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section 15 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. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. I ' �Y I (Seal) (Seal) I L'0UI$ _AcHK1DT -Borrower -Borrower T jr (Seal) (Seal) -Borrower .Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] CD 3002 . VMP®-SN to207f 02 POP 3 of 3 Form 3200 1101 3 ,A iS VEGLER T7 r .� EXHIBIT ►►B i >� �� Ji s _+h�s� rrifl+ —'r 1007 OPR 20 AR 9 Z7 Prepared By: C t�rvjo� Return To: CAUNP EK 17#11 asst NORT®AM Co t-tvgy 2929 WQ1t i-i�4lgJXp, NY Parcel Number:1{a-aT—c)W1-070 Premises: 545 APPALACK.TAN Ate, NZCWW1CSBDR4, PA 17055 lSRU Above'Mh lloe For Rscardl%Mal DE>}NIT}ONSMIN MORTGAGE Words used in multiple sections of this document are defined below�nJr�er words are defined in Sections 3, 11 13, 18;20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument"means this document, which is dated April 13, 2007 , together with all Riders to this document. p, 'Bon-ower"is LOUI`rACMDT l v�tt�r.�ti L aka^" tt` Borrower is the mortgagor under this Security Instrument. (C) 'TdERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is thereortgagee under this Security Instrument, MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888)679-MERS. BA 3355 ®— P4PtN$Yt.VAPIIA-Single Family-Pinola NAwlRrddta#Mac UNIFORM INSTRUMENT WtfH iMfRB dft-GA(PA)(osoaloi Farm 3039 1!0 Pape 1 Of 16 1n8w1�,75 VMP Monaape somigns.ft. I989PG1215 (D)"Lender"is nsBc Mortgage Corporation (Ua&) Lender is a DxL&vu4RX CoRpORATXON, organized and existing•under the laws of DBId►'QU Lender's address is 2929 ytkwjw AVXWX, DXp=, My 14043 (E)'Wore"means the promissory note signed by Borrower and dated April 13, 2007 The Note states that Borrower owes Lender CM HUNDRED WDMTY $WW TnoUti = FIVE HUNDRED and N0/100 Dollars (U.S. S 197,500.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May Ol, 2037 (f'') "?'operty"means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan"means the debt evidenced by the Note, plus interest, any prepayment charges and Late charges due under the Note, and all sums due under this Security Instrument,plus Interest. (I) 'Itider3"means all Riders to this Security Instrument that are executed by Borrower. The fbilowing Riders are to be executed by Borrower(check box as applicable]: Adjustable Rate Rider Q Condominium Rider Q Second Home Rider ' Balloon.Rider Q Planned Unit Development Rider Q 1-4 Family Rider . VA Rider Q Biweekly Payment Rider Q Other(s)[specify] (11) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (.1) "Community Association Dyes, Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organisation. (IQ 'Tiectronle.Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial.institution to debit' or credit an acooimt. Such term includes, but is not limited to, point.of=mle sfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L)"Irscrow Items"means those items that arc described in Section 3. M 'Miscellaneous (Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note, plus(i()any amounts under Section 3 of this Security Instrument. 814 3115 Haug.: Jr -6A(PA)tasoe).ot rao92 or is Fam 3039 1101 BKl989PG126 12!1612011 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215-Page 2 of 17 i (P) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.-Section 2601 et seq.)and its ' ipnplementing reggelation, Regulation X(24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that ata imposed in regard to a 'federally related mortgage loan" even if the Loan does not qualify as a"federalty related mortgage loan"under RESPA. (Q) 'Successor in Interest of Borrower"means any party that has taken title to the Property. whether or not that party has assumed Borrower"s obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender:(i)the repayment of the Loan, and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenams and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS,the following described property located in the COurrt[ rrype of ti000rding Jwriadidiaa] of cummaAw [Nene of According lurisdktionl: SZE SCHEDUXX A ATTACMW HERETO which currently has the address of 545 AvpALACHIAN Avj2= NRCHAtKXCSBMG IStroot] [city), Pennsylvania x7055 [zip code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and textures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregsing is refbrred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS(as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell me Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. PA 3115 Wide QS eA(PA)(osos).ot Pana a a 18 f=orm 3039 1101 B141989PG1217 121161201- 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215-Page 3 of 17 BORROWER COVENANTS that Borrower is lawfully seised 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. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charles, and Late Chau. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights m refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic'Payment is applied as of its scheduled due date, then Lender need not pay Interest on.unappl IPA funds. Lender may hold such-unapplied funds until Borrower malkes.payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance.under the Note immediately.prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or-performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b)principal due under the Note; (e)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it berme due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any tate charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment PA 3115 ins BA(PA)(oaoa)•ot Paps a of to Form 8038 1101 unt989PG1218 12/16/2011 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215-Page 4 of 17 can be paid in full. To the extent that any excess exists after the payment is applied to the fall payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the"Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, If any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices,of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Itenns'unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly,when and where payable, the amounts due for any Escrow]terns for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section.9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender.any such. amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an'amount(a)sufficient to permit Lender to apply the Funds-at the time specified under RESPA, and'(b) not to exceed'.the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shalt be held in an institution whose deposits are insured by a• federal. agency, instrumentality, or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest PA 3115 PJ dft .6A(PA)iosoe>.o1 woe a o+ra J tin,sass trot BK 1989PG 1219 CUMBERLAND COUNTY InstA 200713215-Page 5 of 17 12/16/2011 11:06:51 AM i shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, a's defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there*is a deficiency of funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all stuns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings•which in Lender's opinion operate to prevent the enforcement.of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)§ecures 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 can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 3. Property 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 including, but not limited to, earthquakes and floods, for which Lender.requires insurance. This insurance shall be maintained in the amounts (including deductible levels).and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a onetime charge for flood rune determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. PA 3115 ®-6A(PA)(osae).01 pace Of rs Foam 3039 1101 8!l ! 989PG 1220 12/16/2011 11:06:51 AM CUMBERLAND COUNTYInstfi 200713215 Page 6 of 1' If Borrower falls to maintain any of the coverages described above, Lender may attain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage, Therefore, such coverage shall cover Conder, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of theProperty, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in of ct. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shalt bear in at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. 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, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such-Property to ensure the work has been completed to Lender's satisfaction,:provided that such inspection shall be undertaken promptly. Lender may'disburse proceeds for the repairs and restoration in a single payment or-in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not 6e required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. 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 the excess, if any, paid to Borrower. Such insurance proceeds'shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Leader may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to excecd the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. PA 3115 4ftH,xmt� -$A(PA)(csoa).oi wo.?Of to Faro 3038 1101 81� 1999PG 1221 12/161201': 11:06:51 AM CUMBERLAND COUNTY Inst.lf 200713215-Page 7 of 17 r r 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower"s principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. if insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Leader shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, S. Borrower's !Loan Application. Borrower shall be -in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading,-or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal.proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security instrument(such as a proceeding in bankruptcy, probate, for condemnation or fdrfeiture, for enforcement of a lien which may attain priority over•this Security Instrument.or to enforce laws or regulations}, or (c)Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to; (a)paying any stuns secured by a lien which has priority over this Security instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or oft.: Altbough Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. PA 3115 ' rti+d. jft -8AIPal rosoal.o, amea Of is Fam 3039 9101 U1� 1989PG1222 Inst.iF200713215-Page ti of 17 12!16/201' 11;06:51 AM CUMBERLAND COUNTY Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from.Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower sball pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Tender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,.use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shalt not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) .provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and 'Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects.Borrower's obligation to pay interest at the rate provided in the Note. Mortgage insurance reimburses Lender (or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce fosses. These agreements are oriterms and conditions-that are satisfactory to the mortgage insurer and the other party(or parties}co these agreements. These agreements may require the mortgage insurer to make paymaitts using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive(directly or indirectly)amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agmement provides that an affiliate of Lender,takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Sea agreements will not increase the amount Borrower will awe for Mortgage Insurance, and they will not entitle Borrower to any refund. PA 3115 P3 dfthn2t1a1c -4AtPAl(osos).o1 pap s of to Form 3039 1101 BKI989PG1223 _.. .... ............. Inst.k 200713215 Page 9 of 17 12116/2011 11:06:51 AM CUMBERLAND COUNTY (b)Any such agreements will not affect the rights Borrower has- if any- with respect to the Mortgage Insurance under the Homeowners Protection Ad of 1998 or any other law. These riglits may include the right to receive certain diKkaures, to request and obtain cancellation or the. Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During suchrepair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds..If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property,. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the.partial taking; destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Propi4 immediately before the partial taking, destruction, or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less'than the amount of the sums.secured immediately before the partial tatting, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing„ the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, atter notice by Lender to Borrower that the Opposing.Party(as defined in the next sentence) offers to make an award to 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be PA 3115 Innes 7 t -6A(PA►(osos).of Pe"loa+e ForM303a 1101 BKI989?G1224 Inst.#200713215-Page 10 of 17 12/16/2011 11:06:51 AM CUMBERLAND COUNTY dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest In the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearaaoe By Leader 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 Borrower or any Successor in Interest of Borrower'shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to 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 any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-olpers; Successors and Assips'Bouadorr . Bower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs this Security instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured bX this Security Instrument; and (c) agrees that Lender and any'other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, -any Successor in Interest of Borrower who .assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successafs and assigns of Leader. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purp9w of protecting Lendces interestin the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shat)not be construed as a prohibition on.the charging of'such,fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other 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 troated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. Ail notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrumeennt shall be deemed to PA 3115 I.���//,yy 11'5 ■ InitWr. ��SA(PA)(osoe)•ot �.1 t Otis Fort 3039 1101 BK ! 989PG1225 12/16/201., 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215-Page 11 of 17 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering•it or by mailing it by first class mailW Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shell not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security instrument are subject to any -requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. 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 conflicdng provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or wards of the feminine gender; (b)words in the singular shall mean and include the plural and vice versa; and(c)the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, instaliment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a futuue date to a purchaser. if all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of al! sums secured by this Security . Instrument. However, this option shall not -be exercised by Lender if such exercise-is prohibited by Applicable Law.' 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 given in accordance with Section 15 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. 19. Borrower's Right to Reinstate Anter Acceleration. If Borrower meets certain conditions, Borrower•shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrowee s right to reinstate; or (c) 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 as if no acceleration had occurred; (b)cures any default of any other covenants or Pa 3115 -6A(PA@(o50e).01 Nee 12 of 16 Form 9039 1101 nmu i 989PG 1226 12/16/201' 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215-Page 12 of 17 agreements; (c)pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security InMument; and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property-and rights under this Security Instrument, and*Boftwe s.obligation to pay the sutras secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b)money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d)Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievattse. The Note or a partial interest in the Note (together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of tic Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and'thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan seryicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,'join, or be joined to any judicial action(as either an Individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the-other.party has breached any provision of, or any duty owed by reason of, this.Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance.with the requirements of Section 15)of such alleged breach and afforded the other parry hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pin'want to Section 22 and the notice of acceleration given to Borrowtx pursuant to Section IS shall be deemed to satisfy the notice and opportunity to take'corrective action provisions of this Section 20- 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d)an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. PA 3115 -SA(PA)p5oe).o, Pap 13 d is "Iwo: / Form 3039 1101 INi989PG1227 Borrower shall not cause or permit the presence, use, disposal, storage, or release ofany Hazardous Substances, or threaten to release any Hazardous Substances, on or to the Property. Borrower shall not do, nor allow anyone else to do, anything aflectin the Property(a)that is in violation of any Environmental Law, (b)which creates an Envirottmontat Condition, or(c)which, due to the presence,use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or s#orage on the Pr of tsmall quantities of Hazardous Substances that arc generally necogt►ized to be appropriate to normal residential uses and to maintenance of the Property(including, but not limited to, hazardous substances in consumer products). Borrower shall promptly Sive Lender written notice of{a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Pro and any Hazardous Substance or Environmental Law of which borrower has actual knowledge,- (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge,release or threat of release of any Hazardous Substance, and(c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by anygovernmental or regulatory authority, or any private party, that an removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lander further covenant and agree as follows: 22. Acceleration;Remedial. 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 Section 18 maiiet:t? Appiable Law provides otberwise� Lender "I notify Borrower of,among other things:(a)the defadk;(b)the action required to care tate defank;(e)when the default most be caged; and (d) that failure to cure the default as specified may result In by acceleration of the saws secured by this Security Instraincit foreclosure jadbgpI proceeding and sale of the Property. Lender shall further Inform Borrower of the riot to reinstate after acceleration and'the tight to assert in the foreclosure proceeding the non-existence of a default'or airy other defense of grower to acceleration and foreclose If the default is not calrid as specified, Leader at Its option may require immediate payment in full of Ali stuns secured by this Security Irratn in without-further demand and way foreclose this Semrity Instrument by judicial proessilin& Lender shall be entitled to collect all expeases incurred in pursuing the remedies.provmw in this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent.permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become.void. After-such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrument, but only if the fee Is paid to a third party for services rendered and the charging of the fee is pemiitted under Applicable Law.' 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21 Reinstatement Period. Borrowed s time to reinstate provided in Sadler 19 shalt extend to one hour prior to the commencement of bidding at a sheriffs We or other sale pursuant to this Security Instrument. 26. 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. 27. Interest state After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. t?Ji 3115 T tW�d� A-6A(PAi tosoul of Pop 14 of 1e Forth 3038 !!Ot un 989PG 1228 12/16/2011 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215-Page 14 of 17 BY SIGNING BELOW, Borrower accepts and agrees to the terms and oovensnts contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ' Witnesses: zb6 Is scoam -Borrower Z. dPow- (seal) (tel) (Seal) -Borrower Bortuwcr (sew) (sad) Borrower -Borrower ( ) (Seal) -Borrower -801'rOWU BA 3115 �- 4WA(PA)(0508 01 Pap*+5 d 1e Form 3039 Vol BKI 989PG 1229 12f16/2011 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215-Page 15 of 17 County ss: COMMONWEALTH OF PENNSYLVANIA, On this, the 13 day of � J 7 ,before me,the undersigned officer, personally appeared I C JA known to me(or satisfactorily proven) to be the person(s) whose name(s) is/on subscribed to the within instrument and acknowledged that he/she/they executed'tgie same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Wim►!T OCLPI�NN Notartnseat C Karen L.Suft,Notoo PuWlc Mvd am,Wras " tdllt��E*hw Nov.2d420� Tide of Offkv Certificate of Residence L Q &/E-( , do hereby certify that the correct address of the-within-named Mortgagee is P.O. Box 2026,'Flint, MI 48501-2026. Witness my hand this 13th day of April, 2007 I Certify this to be recorded In Cumberland County PA Agctttof#tortgagea a, 3 f ecorder of Deeds r ®- ,• -BA(PAI(0508).01 rew+e of to Fam 9089 Vol Bt 1 SO9PC 1230 Inst.�F 200713215 Page 16 of 17 121161201' 11:06:51 AM CUMBERLAND COUNTY Stewart Title Guaranty Company Commitment Number: The land referred to in this Commitment is described as follows: AS DESCRIBED IN DEED BOOK 145, PAGE 631 ALL THAT CERTAIN piece or parcel of land,situate in the Township of Upper Allen,County of Cumberland,and State of Pennsylvania,bounded and described in accordance with a survey prepared by Reed Engineering,Inc., on December 15,1980,as follows,to wit; BEGINNING at a point on the northern line of Appalachian Avenue at the dividing One between Lots Nos.120 and 121 on the hereinafter mentioned Plan of Lots;thence along the eastern line of Lot No. 120, North 26 degrees 00 minutes 20 seconds West,one hundred and ninety-six hundredths(102.96)feet to a point thence along the southern line of Lot No.99 on said Plan,North 74 degrees 30 minutes 26 seconds East,one hundred twenty-six and twenty-one hundredths(126.21)feet to a point;thence along the western line of Lot No.98 on said Pian,South 26 degrees 39 minutes 17 seconds East,seventy-nine and ninety-three(79.93)feet to Appalachian Avenue;thence along the northern line of Appalachian Avenue,South 63 degrees 59 minutes 40 seconds West,one hundred twenty-five(126)feet to the place of beginning. PARCEL#42-29-2454-070 ALTA Commitment (2oo7o2o119.PFDrM?020119/93) Schedule C Hit° 1 9 8 9'PG i 2.3 1 __...........��. _._ _ _. ... __......__,_. ..... i2/16�2011 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215-Page 17 of 17 EXHIBIT 11CII When Recorded Return To: DISCHARGE DEPT 1-800-338-4626 HSBC.BANK USA NA 2929 WALDEN AVENUE 12d DEPEW,NY 14043 Parcel No.42-29-2454-070 CORPORATE MkIraNIVIENT OF MORTGAQE Cumberland,Pannsylv#,SCHMIDT" SELLER'S,SERVICING HERS SIS#. 1-888-679.6377 Date of Assignment:December 7th,2011 Assignor:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR HSBC MORTGAGE CORPORATION(USA) Assignee:HSBC BANK USA,N.A. I hereby certify the precise address of the within named Assignor Is 2929 WALDEN AVENUE,DEPEW, NY 14043. I hereby certify the precise address of the within named Assignee is 2929 WALDEN AVENUE,DEPEW, NY 14043. Executed By:LOUIS E SCHMIDT AND PATRICIA L SCHN11DT To:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS NOMINEE FOR HSBC MORTGAGE CORPORATION(USA) Date of Mortgage: 04/13/2007 Recorded; 04/20/2007 in Book/Reel/Liber: 1989 Page/Folio: 1215 as Instrument/Document:NIA In the County of Cumberland,State of Pennsylvania, -Assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS NOMINEE FOR HSBC MORTGAGE CORPORATION(USA)TO HSBC BANK USA,N.A.Dated:04/13/2007 Recorded: 04/20/2007 in BooklReel/Liber: 1989 Page/Folio: 1216 as Instrument/Document:N/A 545 APPALACHIAN AVENUE,MECHANICSBURG,PA 17055 in the Township of UPPER ALLEN I do certify that t ss of HSBC BANK USA,N.A.is 2929 WALDEN AVENUE,DEPEW,NY 14043 arm� Attested By. 545 APPALACHIAAJ AVENUE,MECHANICSBURG,PA 17055 in the Township of UPPER ALLEN KNOW ALL MEN BY THESE PRESENTS,that for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the said Assignor hereby assigns unto the above-named Assignee,the said Mortgage having an original principal sum of$197,500.00 with interest,secured thereby,with all moneys now owing or that may hereafter become due or owing in respect thereof,and the full benefit of all the powers and of all the covenants and provisos therein contained,and the said assignor hereby grants and convoys unto the said assignee,the assignor's beneficial Interest under the lnst,#201134290-Pag®1 I of 3 12/16/2011 11:07:13 AM CUMBERLAND COUNTY CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 Security Instrument. TO HAVE AND TO HOLO the said Security Instrument,and the said property unto the said assignee forever,subject to the terms contained in said Security Instrument. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS NOMINEE FOR HSBC MORTGAGE CORPORATION(USA) On December 7th_2911 SRAI»� tsro8 By: ��� Retie a A Cosgrove,Assistant Secret ry STATE OF New York COUNTY OF Erie On the 7th day of December in the year 2011 before me,the undersigned Notary Public in and for said State,personally appeared Rebecca A. Cosgrove,Assistant Secretary of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR HSBC MORTGAGE CORPORATION(USA), personally known to me or proved to me on the basis of satisfactory evidence to be the individual($) whose narne(s)Is(are)subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les),and that by his/her/their signature(s)on the instrument the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument. WITNESS my hand and official seat, ,���'• 'r s 7`NQITAJyt,'�= ANIEL HERINGTON '� { 'PtlpltC+f Notary Expires:09/22/2012 #01HE6193739 �`•,~ Qualified in Erie County (This area for notarial seal) Inst.#201134290-Page?.of 3 12/16/2011 11:07:13 AM CUMBERLAND COUNTY ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 ` • Instrument Number-201134290 Recorded On 1219/2011 At 11:39:52 AM "Total mages-3 *Instrument Type-ASSIGNMEN'T OF MORTGAGE Invoice Number-98216 User I )-KW *Mortgagor-SCAMWT,LOUIS E *Mortgagee-HSBC BANK USA N A *Customer-HSBC BANK *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES $11.50 RECORDER OF DEEDS now p This page is art PARCEL CERTIFICATION $10.00 FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA RECORDER O D DS a-Information denoted by an asterisk may change during the verirication process aad may not be refiected on this page. III 003I12J Inst.#201134290 Page 3 of 3 12/16/201, 11:07:13 AM CUMBERLAND COUNTY Stewart Title Guaranty Company Commitment Number: EXHIBIT "D11 The land referred to in this Commitment is described as follows: AS DESCRIBED IN DEED BOOK 145, PAGE 631 ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland,and State of Pennsylvania,bounded and descdbed in accordance with a survey prepared by Reed Engineering, Inc., on December 15.1980,as follows,to wit: BEGINNING at a point on the northern line of Appalachian Avenue at the dividing One between Lots Nos.120 and 121 on the hereinafter mentioned Plan of Lots;thence along the eastern line of Lot No. 120, North 26 degrees 00 minutes 20 seconds West,one hundred and ninety-six hundredths(102.96)feet to a point;thence along the southem line of Lot No.99 on said Plan, North 74 degrees 30 minutes 26 seconds East,one hundred twenty-six and twenty-one hundredths(128.21)feet to a point;thence along the westem line of Lot No.98 on said Plan,South 26 degrees 39 minutes 17 seconds East,seventy-nine and ninety-three(79.93)feet to Appalachian Avenue;thence along the northern line of Appalachian Avenue,South 63 degrees 59 minutes 40 seconds West,one hundred twenty-five(126)feet to the place of beginning. PARCEL#42.29.2454-070 ALTA COMMihne;lt Schedule C (2007020119.PFOr2007020119/93) 198 9'PG 1231 12/16/2011 11:06:51 AM CUMBERLAND COUNTY Inst.#200713215.Page 17 of 17 (page 1 of 7) EXHIBIT "E" HSBC Jl PLEASE NOTE THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08/23/2011 LOUIS SCHMIDT 545 APPALACHIAN AVENUE ,MECHANICSBURG,PA 17055 Dear LOUIS SCHMIDT, ACT 91 NOTICE TAKE ACTION TO SAVE YOUR. DOME 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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HE MAP)may be able to help to save vour home This Notice explains hpw 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 Counseline Agency. The name. address and phone number of Consumer Credit Counseline Agencies serving our County are listed at the end of this Notice. If a an fi You may call the Pennsylvania Housing Finance Agency toll free at ] 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. 83668 HSBC Bunk USA.N.A. 19 E Suite3201.Buffalo,NY 14270-3201 q Lender Lender I (Page 2 of 7) fISBC I Mortgage Account Number:_ Page 2. 08/23/2011 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(3): LOUIS SCHMIDT PROPERTY ADDRESS: 545 APPALACHIAN AVENUE,,MECHANICSBURG,PA 17055 f LOAN ACCT.NO.: ORIGINAL.LENDER: 1 (if original lender blank then original lender and current lender are the same.) J CURRENT LENDER/SERVICER: HSBC BANK USA,N.A. I HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WH,ICH CLAN 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 c11'av OFF RECLOSURE Under the Act our mon , you are entitled to a temporary stay of foreclosure on Y gage 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-THRE 3 DAYS OF THE DATE O THl CE, IF YOU DO NOT APPLY FO ERGENCY TGAGE ASSISTANCE YOU YOUR M GE UP TO D E PART OF THIS N'O ICE "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR �L x GE UP TO D E Q HSBC Rank USA.N.A. 83668. Suite 3201.Buffalo,NY 14270-3201 EgLw Hou"I^o Lender (Page 3 of 7) HSBC Mortgage Account Number Page 3. 08/13/2011 CONSUMER CREDIT COUNSELING ACENCIES—If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30)days after the date of this mccting, Thg names, addresses and telephonei nated credit counseling o encies for the county in which the Vroperty isJoratrd are set o e end of thic hintigg. It is only necessary to schedule one face-to-face meeting.Advise your lender iMediately 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.) 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 I 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 tiling a foreclosure action,your application MUST be forwarded to PHFA(filed or postmarked)within thirty(30)days of your face- tu-face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WIT)I A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AM FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF TI IAT MEETING,THEN TI IE 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 I FMAP APPLICATION EVEN BEYOND THESF TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVEDAT 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. 83668 C HSBC Bonk USA,N.A. Suite 3201,Buffalo,NY 14270-3201 E ender a (Page 4 of 7) HSBC '(`"� Mortgage Account Number: Page 4. 08/2312011 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 ATTEMPTTO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mort a e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bringy it up to date). LNATURE OF THE DEFAULT-_The MORTGAGE debt held by the above tender on your property located at: 545 APPALACHIAN AVENUE ,MECHANICSBURG,PA 17055 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: $2,941.23 06/01/2011 though 08/01/2011 Other Charges: $187.50 Corporate Advance $212.09 Late Charges $75.00 Inspection Fees $0.00 Insufficient Funds _ 53,415.82 TOTAL AMOUNT PAST DUE HOW TO CURE THE DEFAULT—You may cure the default within THIRTY(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS$3,415.82,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. gashices check certified chsek or money order payablemade and sent t HSBC BANK USA,N.A. 2929 Walden Avenue Dcpcw,IVY 14043 JJ YOU DO NOT CURE THE DFFAUL-T--If you do not cure the default within THIRTY(30)DAYS of the date of this Notlee,thejendgr intends 19 exerciseccelead t a e 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 fQrcclose upon your morteagal prol2gM. 83b68 C HSBC Bank USA.N.A. Egwd Rasing Sums 3201.Buffalo.NY 14270-3201 Lender (Page 5 of 7) HSBC 11> Mortgage Account Number— Page 5. 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 attomey's fees that were actually incurred,up to$50.00. However,if legal proceedings are stalled 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. ifyou,� cure the default within the THIRTY(30)DAY period you will not be required to Dav attorney's f j2. 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, ou still have the right to cure ddaMlt and prevent the sale at any time un to one hour bgIorelbrASheriffs Sale You may stn go-by Bovine the total amount then hast due,plus anv late or other charges then egg reasonable attomev's fees and costs connected with the foreclosure sale and any other costs connecte with the Sheriffs Sale as snecified in writing by the Icndcr pnd by_performing any other reggirements 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. EA PQSSIBLE 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 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: Name of Lender: HSBC BANK USA,N.A. Address: 2929 Walden Avenue,Dcpew,NY 14043 Phone Number: 1-800-338-6441 Fax Number: 1-732-352.7544 Contact Person: Peter J.Gutowski E-Nfail Address: peter.j.gutowski@us.hsbc.com 83668 .r HSBC Bank USA.N.A. 6qua1 HourA�D Suite 3201.Buffalo.NY 14270.3201 Lender (Page 6 of 7) HSBC Mortgage Account Number:® Page 6. 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. ASSUINL IPTION OF MORTGA E-- 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 costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE HT: • 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 HAI) 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. Sincerely, Peter J.Gutowski Default Servicing 83668 � HSBC Bank USA,N.A. Eque�No•eing Suite 3201.Buffalo.NY 14270.3201 Lender (Page 7 of 7) HSBC Mortgagc Account Number: Page 7. CONSUME_ R CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY HOUSING ALLIANCE OF YORK 35 South Duke Street,York,PA 17401 717-854-1541-127 800-864.4909 i%DVANTAGE CREDJT C01MMUNG SERVIC 2000 Linglestown Road,Harrisburg,PA 17110 888-511-2227 868-599-2227 I FAIR HOUSING COUNCIL OF THE CAPITAL REGION INC 2100 North 6th Street,Harrisburg,PA 17110 717-238-9340 PENNSYLVANIA HOUSING FINANCE AGENCY_ 211 North Front Street,Harrisburg,PA 17101 717-780-3907 800-342-2397 836680 HSBC Bank USA.N.A. Equal Hou" Suite 3201.Buffalo.NY 14270-3201 Lender I (Page 1 of '2) 1.SEPARATE INTO TWRDS. t y. 2.PEEL AWAY RECEIPT AND SnCKER.AFFIX TO ENVELOPE. Form No.CEL-43R rev 01/07 Q U.S.Patent No.'s 6,905,747 And Other Patents Pending 'CERTIFIED MAIL,m RECEIPT (Domestic Mail Only;No lnsurancL Coverage Provided) For delivery info rination visit our we bsitent WWWAISPS.0011) Ng a o r Postago S Cb N N Cerfifled Foo Postinark 01 .0 Ham Retum Receipt Fee (Endorsement Requited) ty e d O N Rmtrlcted l-,y Fee O) N (EndoraomeM Required} !~ T Co tD � y � Total Postago d Fen $ m LL 0 it 7k E Sent To ' v 4 it m 545 APPALACHIAN AVENUE I cc 0 O OE w Sheet,AN.Na; MECHANICSBURG,PA 17055 to Q O U C1 Ii. C c or PO Box No. dry,Surto z0" (Page 2 of 2) I 1 1 . Reorder Form No. CEL-43R rev 01/07 U.S. Patent No.'s 6,905,747 r And Other Patents Pending ; . . (Page 1 of 7) HSBC 4:1> PLEASE NOTE THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION. OBTAINED WILL BE USED FOR THAT PURPOSE. 08/23/2011 PATRICIA L SCHMIDT 545 APPALACHIAN AVENUE MECHANICSBURG,PA 17055 Dear PATRICIA L SCHMIDT, ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in defaults and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM: (HEMAP) may be able to help to save i►our 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 auestlons. 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. 836680 HSBC Bank USA.N.A. Equd HmIng Supe 3241.Buffalo.NY 14270-3201 Lender (Page 2 of 7) HSBC1." Mortgage Account Number Page 2. 08123/2011 LA NOTIFICACIDN EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA.SI NO COMPRENDE EL CONTENIDO DE I ESTA NOTIFICACIbN � OBTENGA . UNA'. TRADUCCIDN .INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING wFINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARR[13A. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR 'EL ' PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PATRICIA L SCHMIDT i PROPERTY ADDRESS: $45 APPALACHIAN AVENUE,MECHANICSBURG,PA 17055 LOAN ACCT.NO. ORIGINAL LENDER: (If original lender blank then original tender and current lender ere the same.) CURRENT LENDERISERVICER: HSBC BANK USA,N.A. t HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND " HELEYOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30) days from the date of this Notice(plus three(3) days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice.THIS MEETINS;MUST OCCUR W1T11IN THIRTY THREE(331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE SSI INCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CUR$ YOUR MORTGAGE DEFAULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. . 83668 1211 HSBC Bank USA,N.A. Equal Housiri Suite 3201.Buffalo.NY 14270 3241 Lendar (Page 4 of 7) HSBC Mortgagc Account Number: Page 4. 08/23/2011 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 Illed bankruptcy u can still apply for Emergency Mort a e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date,!. NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 545 APPALACHIAN AVENUE MECHANICSBURG.PA 17055 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: 52,941.23 06/01/2011 though 08/01/201 l Other Charges: $187.50 Corporate Advance $212.09 Late Charges $75.00 Inspection Fees $0.00 Insufficient Funds $3,415.82 TOTAL AMOUNT PAST DUE HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30)DAYS of the date of this notice BY PAYING THE TOTAL AIMOUNT PAST DVE TO THE LENDER, WHICH IS$3,415.82, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pi=cnts must be made either,by cash. cashier's check, certified check or money order made payable and sent to: HSBC BANK USA,N.A. 2929 Walden Avenue Dcpew,NY 14043 IF YOU DO NOT CURE'SHE 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 lSj 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 tender also intends to instruct its attorneys to start legal action to forecl kg upon your mortaaxed proncrtv. 83668 119 HSBC Bank USA.N.A. EWW HowWg Suite 3201.Buffalo.NY 11270-3201 Lender (Page 5 of 7) HSBC 11> Mortgage Account Number:_ Page 5. 1F 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,jou will not be reoulred to nay attorney's fees. O'T'HER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, RICHT TO CURE THE DEFAULT ERIOR 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 timt up to one hour befprc the Sheriffs Sale. You may do so by payingthe total amount then east due,plus any late or other charges then due, reasonable attorney's fccs and costs cQancctcd with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the tender 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 six(b) 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. I HOW TO CONTACT THE LENDER: Name of.Lender: HSBC BANK USA,N.A. Address: 2929 Walden Avenue,Depew,NY 14043 Phone Number: 1-800-338-6441 Fax Number: 1-732-352-7544 Contact Person: Peter J.Gutowski E-Mail Address: peter.j.gutowski@us.hsbc.com I I • 83658 HSBC Bank USA.N.A. EQLender a Suite 3201,Buffalo.NY 14270.3201 (Page 6 at 7) HSBC 13> Mortgage Account Number:® Page 6. EFFECT OF SHERIFF'S SALE -- You should realize that a Shcrif's 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 Y 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. 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, 1F 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. Sincerely, Peter].Gutowski Default Servicing 83668 C HSBC Bank USA,N.A. Equal►lousing Suite 3201,Buffalo.NY 14270-3201 Lender (Page 7 of 7) HSBC 41> I Mortgage Account Number. I Page 7. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY H0U9ING ALLIANCE OF YORK 33 South Duke Street,York,PA 17401 717-854-1541-127 800-8644909 ADVANTAGE CREDIT COUNSELING SERVICE 2000 Linglestown Road,Harrisburg,PA 17110 888.511-222' 888-599-2227 FAIR HOUSING COUNQL OF THE CAPITAL REGION.INC 2100 North 61h Street,Harrisburg,PA 17110 717-238-9540 PENNSYLVANIA HOUSING FINANCE AGENCY 211 Nortb Front Street,Harrisburg,PA 17101 717-780-3907 $00-342-2397 I I 83668. HSBC Bank USA.N.A. Equal HmstV Suite 3201.Buffalo.NY 14270-3201 Lender (Page 1 of 2) t.SEPARATE INTO THIRDS. v. 2 PEEL AWAY RECEIPT AND L STICKER.AM TO ENVELOPE. Form No.CEL-43R rev 01107 G U.S. Patent No.'s 6,905,747 �� •;, And Other Patents Pending 'j , i PostalCERTIFIED MAILi,, RECEIPT (Dorneslic Mail Only;No Insurance Coverage Providod) i for dolivM information visit our website atwww.usps.com C, a Postage $ r Certitted Foo fi POSVM t d¢ Here + Return Receipt Fee p ! C 111- (Endorsement Required) g "- Restricted Oe.9Z Fee , I(f U.UU Ch N xfc IZ (Endorsement Required) � m Total Postage&Fees $ m LL U X m ci Iii �o Ta Sont To r U m m E E 54APPALACHIAN AVENUE ' ra tie r to 00 = Street,APt.No.; MECHANICSBURG,PA 17055 � in Q O U U IL or PO Box No. Ciry,Stets,Z1p+e I PS Form 3000,August 2006 Soo Reverse for Instructions — -- ------------------- (Page 2 of 2) Reorder Form No. CEL-43R rev 01/07 f- U.S. Patent No.'s 6,905,747 And Other Patents Pending FORM 1 HSBC Bank USA,N.A. IN THE COURT OF COMMON PLEAS Plaintiff C1..IMBERLAND COUNTY, PENNSYL-VANJA vs. �j Louis E. Schmidt and Patricia L. Schmidt Civil rift - - 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. Res ftrHy submitted: 1 Date fSignature of Counsel for Plaintiff) 61801 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/PRI 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? CO-BORROWER 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 0 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#l: 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: I. 2. 3. Additional Income Description(not wages): I. 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"d 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 Ex enses 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, named ,authorize the above to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income f Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation(hardship letter) Listing agreement(if property is currently on the market) 3 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i t1 l i illi I'O L) TAR i 2 1 DEC 19 PM 3: 2 4 CUMBERLAND COUNTY PENNSYLVANIA t Comer/ OFF) a F THE St4.ERIFF HSBC Bank USA, N.A. vs. Louis E Schmidt (et al.) Case Number 2014-6743 SHERIFF'S RETURN OF SERVICE 12/04/2014 06:20 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Tara Tucker, who accepted as "Adult Person in Charge" for Occupant at 545 Appalachian Avenue, Upper Allen Township, Mechanicsburg, PA 17055. ISTOP SHA ' E, DEPUTY 12/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he ' -de diligent search and inquiry for the within named Defendant to wit: Louis E Schmidt, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 545 Appalachian Avenue, Upper Allen Township, Mechanicsburg, PA 17055. Per the tenant, Tara Tucker the defendant is believed to be residing in Florida, a Post Office check was done and the Mechanicsburg Postmaster responded "UTF" unable to forward. 12/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patrica L. Schmidt, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 545 Appalachian Avenue, Upper Allen Township, Mechanicsburg, PA 17055. Per the tenant, Tara Tucker the defendant is believed to be residing in Florida, a Post Office check was done and the Mechanicsburg Postmaster responded "UTF" unable to forward. SHERIFF COST: $75.30 SO ANSWERS, December 11, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff Teeosoft, Inc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE -1D # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 C.ELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC Bank USA, N.A. Plaintiff v. Louis E. Schmidt and Patricia L. Schmidt Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number: 14-6743 Civil MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Louis E. Schmidt, at his last -known address of 1827 Bough Avenue, Unit 4, Clearwater, Florida 33760. The process server was not able to serve the Defendant, per Patricia Schmidt the defendants Louis E. Schmidt does not reside at this address and she was not able to provide an. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant's last- known address and mortgaged property of 545 Appalachian Avenue, Mechanicsburg, Pennsylvania 17055. The Sheriff was not able to serve the Complaint, per tenant the Defendant reside in Florida . A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof, and marked as Exhibit "B". • 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C". 4. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant's last -known address and by posting a copy of the original process on the mortgaged premises. 5. No judge has ruled upon any other issue in this matter or in any related matter. 6. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 7. If service cannot be made on the Defendant, Louis E. Schmidt, the Plaintiff will be prej udiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale, upon the Defendant, Louis E. Schmidt, by regular mail; certified mail, return receipt requested, and by posting at the last -known address of Defendant and the mortgaged premises known in this herein action as 545 Appalachian Avenue, Mechanicsburg, Pennsylvania 17055. McCABE, WEISB ' G AND CJNWAY, P... BY: l4ii [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff [..---1-ktafc S. eisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE -1D # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T..LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 31.3673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC Bank USA, N.A. Plaintiff v. Louis E. Schmidt and Patricia L. Schmidt Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number: 14-6743 Civil MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE, WEISBE ' G AND CONWAY„ P.C. BY: [ ] Terrince J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff [ ] Marc S. Wei erg, Esquire [ ] Margaret , airo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire McCABE, WEISBERG AND CONWAY, P.C. 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. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC Bank USA, N.A. Cumberland County Plaintiff Court of Common Pleas Attorneys for Plaintiff v. Number 14-6743 Civil Louis E. Schmidt and Patricia L. Schmidt Defendants CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 12th day of January, 2015, upon the following: Louis E. Schmidt 545 Appalachian Avenue, Mechanicsburg, Pennsylvania 17055 McCABE, WEISBERG AND BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff ONWQY, P.C. [ JMarc S. We erg, Esquire [ ] Margaret airo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CQN, WAY, P .C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff [ ]Marc S.Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire HSBC Bank USA, N.A. v.Louis E. Schmidt and Patricia L. Schmidt Cumberland County; CCP; Number: 14-6743 Civil File Number: 61801 COURT OF COMMON PLEAS OF PENNSYLVANIA, CUMBERLAND COUNTY AFFIDAVIT OF NON -SERVICE Index No: 14 -6743 -CIVIL Date Issued: 11/20/2014 Plaintiff(s): HSBC BANK USA, N.A. Defendant(s): LOUIS E. SCHMIDT, et al. STATE OF Florida COUNTY OF Pinellas ss.. Rick Wendling , the undersigned, being duly sworn, deposes and says that I was at the time of attempting service over the age of eighteen and not a party to this action. On 1/3/2015 at 8:50 am AM/PM, I was unable to effect service of the CIVIL ACTION/MORTGAGE FORECLOSURE on LOUIS E. SCHMIDT at 1827 BOUGH AVENUE,UNIT 4, CLEARWATER, FL 33760, for the reason(s) indicated below: I attempted to serve the named defendant at said address: Attempt Date & Time Results of Attempt 1/3/2015 8:50 am Per Patricia Schmidt, Louis Schmidt is her ex-husband and he lives somewhere in Pennsylvania. Exact address not known. Sworn to and subscribed before me on Z_, 20 15 ary Public, X Rick Wendling APS #595 (Print Name) ClientRef#: 201-3985PA LawFirmRef#: 201-3985PA McCabe, Weisberg & Conway, P.C. CID #28 123 S, Broad Street, Suite 2080 Philadelphia, PA 19109 Exhibit' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HSBC Bank USA, N.A. vs, Louis E Schmidt (et al.) Case Number 2014-6743 SHERIFF'S RETURN OF SERVICE 12/04/2014 06:20 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Tara Tucker, who accepted as "Adult Person in Charge" for Occupant at 545 Appalachian Avenue, Upper Allen Township, Mechanicsburg, PA 17055. 12/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he rn de diligent search and inquiry for the within named Defendant to wit: Louis E Schmidt, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 545 Appalachian Avenue, Upper Allen Township, Mechanicsburg, PA 17055. Per the tenant, Tara Tucker the defendant is believed to be residing in Florida, a Post Office check was done and the Mechanicsburg Postmaster responded "UTF" unable to forward. 12/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patrica L. Schmidt, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 545 Appalachian Avenue, Upper Allen Township, Mechanicsburg, PA 17055. Per the tenant, Tara Tucker the defendant is believed to be residing in Florida, a Post Office check was done and the Mechanicsburg Postmaster responded "UTF" unable to forward. SHERIFF COST: $75.30 SO ANSWERS, December 11, 2014 RONNY R ANDERSON, SHERIFF '•�� w{.r• 1 - 'D., { ':� � t_. 3. . r.. 1' 1. . r , ' .. r' r ri. a:� 11 °.r w' r L t.. (/ - r• '- ,Y t.){. .1.1; w • . Jr. i..,.' • `•`n' i� t%% L�' 'a• r .'LBICV- .I .. t t$1.1 L .1er ,I! , tY t,,.._ ,: 3P �C._...:n — ..t ,vu: Li U. 41 Of.."L• ,..F' i.,. ' .. rY .� is r 6.l.{ail, {U 1' C1 / ¢;) Cour lvSoirz. Snor If 1 o'eosc fl tor, EXtle �bB AFFIDAVITOF GOOD 1111111 111111 11111 11111 11111111 FAITH INVESTIGATION *285895* File#:201-3985PA Subject: Louis E. Schmidt Last -known Address: 545 Appalachian Avenue, Mechanicsburg, PA 17055 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: Crystal D. Navas, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not a party to this action. I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the Louis E. Schmidt at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date DueDiligence Remarks 12/12/2014 PROPERTY/LAST-KNOWN ADDRESS: 545 Appalachian Avenue, Mechanicsburg, PA 17055 12/12/2014 INQUIRY OF LOCAL TELEPHONE COMPANY: Directory Assistance: Search results list the telephone number of 717-766-3583 registered to the subject. Results also list the property address and 1827 Bough Ave, Unit 4, Clearwater, FL 33760-1514 associated with the subject. 12/12/2014 INTERNET SEARCH: Search results provided the property address as the most recent address for the subject. Results provide a telephone number of 717-766-3583 associated with the subject. 12/12/2014 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. 12/12/2014 LOCAL TAX RECORD INQUIRY: Search was unable to confirm a mailing address for the above stated property address. I, Crystal D. Navas, reviewed and signed this affidavit on 12/12/2014. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge, information and belief. Swor subscribed before me on 20 ,to40 CLC 'tyl Notary Public, EWELINAA. ZESROWSKA Notary public. State of NEW YORK 01ZE6295560 Qualified in Suffolk County Commission Estates, January 01, 2014 X Cryssal D.1 : s Attorney Outsourcing Support Services, Inc. Agency License #2004244 -DCA 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284-5850 Firm Ref#: 201-3985PA ExhiE C Free people search and contact details for Louis E Schmidt 1 Whitepages Page 1 of 1 Advertisement: Try Equifax Complete T" — Sign up now to see your credit scores Louis E Schmidt t! Send them flowers 1-800-Plowers.com Phone number 717-766-3583 Verizon Landline Addresses 545 Appalachian AveMechanicsburg, PA 17055-5506 1827 Bough Ave Unit 4Clearwater, FL 33760-1514 People Louis may know Brendan Schmidt Chelsie Schmidt Patricia L Schmidt Previous locations Egg Harbor Township, NJ Mechanicsburg, PA Mays Landing, NJ Somers Point, NJ © 2014 Whitepages Inc. Site Map Print this page http://www.whitepages.com/name/Louis-E-Schmidt/Mechanicsburg-PA/c0aa6rr 12/12/2014 Person Search Results Search Terms Used - SSN: 153-56-xxxx; All Full Name Age/DOB Address Page 1 of 3 Records: 1 to 25 of 89 Result Page: 1 2 3 4 Dates Phone Information 1LOUIS EDWARD SCHMIDT ' JR Gender: Male 153-56-xxxx LexID: 1552517692 We Also ❑ , Found: 545 APPALACHIAN AVE MECHANICSBURG PA 17055.5506 s Apr 2007 - Nov 2014 0 Property Records 2. LOUIS E SCHMIDT Gender: Male 153-56-xxxx LexID: 1552517692 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Sep 1996 - Sep 2014 717.766.3583 - EST 3' LOUIS E MYERS JR Gender: Male 153-56-xxxx LexID: 1552517692 545 APPALACHIAN AVE MECHANICSBURG PA 17055.5506 Apr 2007 - Aug 2013 4. L OUIS SCHMIDT Gender: Male 153-56-xxxx LexID: 1552517692 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Apr 2007 - Aug 2013 15 ' LOUIS E MYERS Gender: Male 153-56-xxxx LexID: 152517692 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Jun 2007 -Jul 2007 6 ' LOUIS E MYERSSCHMIDT Gender: Male 153.56-xxxx LexID: 1552517692 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Jun 2007 7. LOUIS SCHMIDT Gender: Male 153-56-xxxx LexID: 1552517692 1006 APPLE DR MECHANICSBURG PA 17055-3409 May 2012 - Sep 2012 8. LOUIS SCHMIDT Gender: Male 153-56-xxxx LexID: 1552517692 1827 BOUGH AVE UNIT 4 CLEARWATER FL 33760-1514 Sep 2010 - Jan 2011 https://secure.accurint.com/app/bps/main 12/12/2014 Page 2 of 3 • 9 LOUIS E SCHMIDT JR Gender: Male 153-56-xxxx LexID: 1552517692 4 CAMBRIDGE TOWNHOUSE DR Jun 2009 - May 2010 GG HARBOR TOWNSHIP NJ 08234- 609 10. LOUIS E MYERS JR Gender: Male 153-56•xxxx LexID: 1552517692 34 CAMBRIDGE TOWNHOUSE DR Jun 2009 EGG HARBOR TOWNSHIP NJ 08234- 4609 11. L OUTS SCHMIDT Gender: Male 153-56-xxxx LexID: 1552517692 34 CAMBRIDGE TOWNHOUSE DR Jun 2009 EGG HARBOR TOWNSHIP NJ 08234- 4609 12. LOUIS E MYERSSCHM Gender: Male 153-56-xxxx LexID: 1552517692 1006 APPLE DR Jun 2007 MECHANICSBURG PA 17055.3409 13. LOUIS E MYERS Gender: Male 153-56-xxxx LexID: 1552517692 1006 APPLE DR Mar 2006 • Jun 2007 MECHANICSBURG PA 17055-3409 14. LOUIS EDWARD SCH JR Gender: Male 153-56-xxxx LexID: 1552517692 1006 APPLE DR May 2005 • Mar 2007 MECHANICSBURG PA 17055-3409 15. LOUIS EDWARD SCH JR Gender: Male 153-56-xxxx LexID: 1552517692 14 RUSHWOOD DR Mar 2000 - Dec 2006 EGG HARBOR TOWNSHIP NJ 08234 7359 16. LOUIS E MYERS JR Gender: Male 153-56-xxxx LexID: 1552517692 1006 APPLE DR May 2005- Aug 2006 MECHANICSBURG PA 17055-3409 17. L OUIS SCHMIDT Gender: Male 153-56-xxxx LexID: 1552517692 1006 APPLE DR May 2005 • Aug 2006 MECHANICSBURG PA 17055-3409 18. LOUIS E MYERS SCH Gender: Male 153-56-xxxx LexID: 1552517692 14 RUSHWOOD DR Mar 2004 • Dec 2004 EGG HARBOR TOWNSHIP NJ 08234- 7359 https://secure.accurint.com/app/bps/main 12/12/2014 19. Page 3 of 3 LOUIS EDWARD SCHMID 14 RUSHWOOD DR Mar 2000 Oct 2004 JR EGG HARBOR TOWNSHIP NJ 08234 - Gender: Male 7359 153-56-xxxx LexID: 1552517692 20. LOUIS E MYERS JR 14 RUSHWOOD DR Apr 2000 - Jul 2004 Gender: Male EGG HARBOR TOWNSHIP NJ 08234- 153-56-xxxx 7359 LexID: 1552517692 21. L OUIS SCHMIDT 14 RUSHWOOD DR Apr 2000. Jul 2004 Gender: Male EGG HARBOR TOWNSHIP NJ 08234- 153-56-xxxx 7359 LexID: 1552517692 22. LOUIS E MYERS 14 RUSHWOOD DR Jan 2000 - Jan 2003 926.9677 Gender: Male EGG HARBOR TOWNSHIP NJ 08234- 153-56-xxxx 7359 LexID: 1552517692 23. LOUIS E MYERS 5 TAFT LN Feb 1998 - Jan 2003 Gender: Male EGG HARBOR TOWNSHIP NJ 08234- 153.56-xxxx 6957 LexID: 1552517692 24. LOUIS E MYERS Gender: Male 153-56-xxxx LexID: 1552517692 34 CAMBRIDGE TOWNHOUSE DR Jan 2003 EGG HARBOR TOWNSHIP NJ 08234- 4609 926-9677 25. LOUIS E MYERS JR WOODLAND CONDOS 43 7 Oct 2001 Gender: Male MAYS LANDING NJ 08330 153-56-xxxx LexID: 1552517692 Records: 1 to 25 of 89 Result Page: 1 2 3 4 Your DPPA Permissible Use: Use in the Normal Course of Business Your GLBA Permissible Use: Authorized by Consumer Your DMF Permissible Use: No Permissible Purpose https://secure.accurint.com/app/bps/main 12/12/2014 Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... 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Contact Us Now Toll Free 1-866-641-3297 Our family history consultants are here to help. 11am - 7pm EST http://www. genealogybank.com/gbnk/ssdi/?Iname=&fname=&minit=&birthy_0=&birthy... 12/12/2014 Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... Page 2 of 2 Date Information Born Between year Died Between year Last Known Residence ! and year and year City ' County OR ZIP Code OR Non -U.S. Location l Social Security Number Details State SSN Issued Any Clear Fornl Social Security Number SSDI Search Tio5 LBegin Search ► Stay connected. Follow us! in the news I contact us 1 affiliates 1 privacy policy 1 terms of use 1 site map 1 blog http://www. genealogybank. com/gbnk/ssdi/?lname=&fname=&mint=&birthy_0=&birthy... 12/12/2014 HSBC Bank USA, N.A. Plaintiff v. Louis E. Schmidt and Patricia L. Schmidt Defendants Cumberland County Court of Common Pleas Number: 14-6743 Civil ORDER AND NOW, this /S day of 9aij�._ , 2015, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Louis E. Schmidt, by regular mail and by certified mail, return receipt requested, to his last -known address of 545 Appalachian Avenue, Mechanicsburg, Pennsylvania 17055 and by posting the mortgaged premises of 545 Appalachian Avenue, Mechanicsburg, Pennsylvania 17055. ins -As =_11 <ft c -n COURT OF COMMON PLEAS OF PENNSYLVANIA, CUMBERLAND COUNTY HSBC BANK USA, N.A., Plaintiff(s), Index No.: 14 -6743 -CIVIL vs. Date Issued: 11/20/2014 LOUIS E. SCHMIDT, et al., AFFIDAVIT OF SERVICE Defendant(s), STATE OF Florida County of Pinellas ss: I 1111 II III II 111 11118111511 0 11111 1111 1111 Rick Wendling , the undersigned being duly sworn, deposes and says that I was at the time of service over the age of eighteen and not a party to this action. On 1/3/2015 at 8:50 am AM / PM, I served the within CIVIL ACTION/MORTGAGE FORECLOSURE on PATRICIA L. SCHMIDT at 1827 BOUGH AVENUE,UNIT 4, CLEARWATER, FL 33760 , in the manner indicated below: PERSONAL SERVICE: By delivering thereat a true copy of the aforementioned documents to said recipient personally; deponent knew the person so served to be the person described herein by deponent asking if he or she is the named Recipient and the person responding that he or she is in fact the person named in this action as the Recipient. SUITABLE AGE SERVICE: By delivering thereat a true copy of the aforementioned documents to a person of suitable age and discretion at the above address which is PATRICIA L. SCHMIDT's usual place of residence/place of abode/place of business, with: Recipient's Name: Relationship: , a family member or other person at said address. PREVIOUS ATTEMPTS: I previously attempted to serve the above named defendant on , at AM / PM, on , at AM / PM, and on , at AM / PM. Additional Comments: Description of person process was left with: Sex: Female Skin/Race: White Approx. Age: 5,7„ Hair Color: Brown Height: 5,7„ Weight: 120 Other: n/a Is defendant in the military? YES LJ NO Al Signed and sworn to before me on this day of Jamull N ".JaryP1. ,2005. is X Ric Wendling APS #5520 (Print Name) ClientRef#: 201-3985PA LawFirmRef#: 201-3985PA McCabe, Weisberg & Conway, P.C. CID.#28 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109