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Home My WebLink About01-5052IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ASSOCIATES FINANCIAL SERVICES, INC., a division of ClTIFINANCIAL SERVICES, INC. Plaintiff VS. CRAIG A. BRUNGARD Defendant(s) : NO. OI - .. .. : ; . : CIVIL ACTION - MORTGAGE FORECLOSURE : .- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a wdtten appearance stating your defenses and Objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 M ~)"N D "~.. "FVIAJ C ZA N, ESQUIRE ATTORNEY FOR THE PLAINTIFF ATTORNEY I. D. NO. 59752 612 MAIN STREET HELLERTOWN, PA 18055 (610) 838-7013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ASSOCIATES FINANCIAL SERVICES, INC., a division of CITIFINANCIAL SERVICES, INC. Plaintiff VS. CRAIG A. BRUNGARD Defendant(s) NO. C)~ - ~(~o~ u' : CIVIL ACTION - MORTGAGE FORECLOSURE NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pro abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea advisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME PRO TELEFONE A LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENClA LEGAL: CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 1~249-3166 RAYMO}~D ~.. I~M[JCZAN, ESQUIRE ATTORNEY FOR THE PLAINTIFF ATTORNEY I. D. NO. 59752 612 MAIN STREET HELLERTOWN, PA 18055 (610) 838-7013 RAYMOND C. MAJCZAN, ESQUIRE Attomey I. D. No. 59752 612 Main Street Hellertown, PA 18055 (610)838-7013 Attorney for Plaintiff ASSOCIATES FINANCIAL SERVICES, INC., a division of CITIFINANCIAL SERVICES, INC. Plaintiff VS. CRAIG A. BRUNGARD Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT Plaintiff, ASSOCIATES FINANCIAL SERVICES, INC., a division of ClTIFINANCIAL SERVICES, INC., by its counsel, RAYMOND C. MAJCZAN, ESQUIRE, respectfully presents the following Complaint for consideration by Your Honorable Court: 1. Plaintiff, Associates Financial Services, Inc., a division of CifiFinancial Services, Inc. f/ida Associates Consumer Discount Company, is a lending institution which maintains an office for the conduct of its business at 7467 New Ridge Road, Hanover, Maryland 21076. 2. Defendant(s) Craig A. Brungard, is an adult individual whose last known address is 1015 Chippenham Road, Mechanicsburg, Pennsylvania 17050. 3. On December 15, 2000, Defendant(s), executed a Loan Agreement and Disclosure Statement, secured by a Mortgage executed by Defendant(s), upon premises hereinafter described, to Associates Consumer Discount Company, n/ida Associates Financial Services, Inc., a division of CitiFinancial Services, Inc., in the amount of F~:y-S~, Si~een and 78/100 ($56,016.78) Dollars, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1658, Page 904. Copies of said Mortgage, Loan Agreement and Disclosure Statement are attached hereto, collectively marked Exhibit "A", and are intended to become a part hereof. 4. Said Mortgage has not been assigned. 5. The premises subject to said Mortgage is described as follows: SEE EXHIBIT "B" ATTACHED HERETO 6. Defendant(s) is in default under the terms of said Mortgage in that he has failed to make payments for April, 2001, to the present, pursuant to said Mortgage as outlined in Paragraph Nine (9) below, and the Plaintiff does hereby exercise its right to accelerate the payment of debt and to demand payment in full thereon. 7. Combined Notice was mailed to Defendant(s) according to the provisions of Act 91 of 1983 and the provisions of Act 6 of 1974 on May 25, 2001. A copy of said Notice is attached hereto, marked Exhibit "C", and is intended to become a part hereof. 8. Plaintiff is entitled to be reimbursed for reasonable attomey collection fees incurred in the prosecution of the instant action pursuant to the terms in Exhibit "A" attached hereto. 9. The following amounts are due on account of said Mortgage as of August 23, 2001: Principal of Mortgage debt due and unpaid ....................... $ 56,016.78 Interest to and including 08/23/01 .................................... $ 4,416.09 (Each day add Nineteen and 90/100 ($19.90) Dollars after 08/23/01) Costs to date .............................................................. $ 297.00 Attorney fees (anticipated and actual to Five (5%) percent of the principal) ................................ $ 2,800.84 TOTAL $ 63.530.71 2 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney fees will be charged based on work actually performed, WHEREFORE, Plaintiff demands Judgment against Defendant(s), pursuant to this Complaint, in the amount of Sixty-Three Thousand, Five Hundred Thirty and 71/100 Dollars ($63,530.71). together with interest at the contract rate from August 23, 2001, together with other charges and costs incidental thereto to the date of Sheriff's Sale and all costs of suit. DATED: RAYM O~1D"O:"~AJ CZAN, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 59752 3 VERIFICATION I, Meryl Kessler, Foreclosure Analyst, of g'~5$ocja/-e_~ /~/¢cec~ ,~'; ~e/~t/, ce.z c/w,"5co3 c(~7~n,zvc~'~[ ~r~lCeZ .~¢. , hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. DATED: MORTGAGE This Mortgage, entered Jnlo this 15 day of DRC~*ER CRAIG A. BRUNGARD and Of TOWNSHIP OF HAMPDEN ItOBEJ[T !;. Z[E.~LER RECOP, OZ]E OF DEEDS GU!.iBERI_AND COUNTY-PA '00DECl9 P~1232 ..3000 , belween Commonwealth of Pennsylvania, herein ca,led "Modgagom', and ASSOCIATES CONSUMER DISCOUNT COMPANY, a Penssy{vania corporation having an office and place of business at ~871 UNION DEPOSIT RD HARRISBUHG ,PennsylvanM, herain called 'Mortgagee." WITNESSETH,JhaIJo s~cura paymenl by Mortgagors of a Loan Agreement dated Ihe ~ame as Ihis Mortgage in Ihs sum of $ 56016.7~J , togelher with interest at the rata slated in the Loan Agreement, Mortgagors do by these presents sell, grant and convey Io Mortgagee, ALL Ibe following described real astala siluale in [he TOWNSHIP of HAMPDEN , County of CUMBERLAND CommonweaRh of PennsylvanM, described as follows: ,[,semi De~crJpflon .'MI that certain parcel of land situated in HAD~DElq,TOWNSHIP being known u 1015 CH~P~ RD, TOWNSHIP. and being more fully described in Deed Book D35 Page 267 recorded on 05/3011991 among '~e land recor~ CUMBERLAND County, PA. TOGETHER with at{ Ihe buildings and improvements Ihereon and addition and aRerafioss therein, including all alreys, passageways, rights, liberties, privileges, heradRaments and appurtenances whatsoever thereunto belonging, or appertaining, herein cai[ed the Mortgaged Premises. TO HAVE AND TO HOLD the Mortgaged Premises hereby granted and conveyed unto Mortgagee, to and tot the use and behoof of Mortgagee, its successors and assigns, forever. Unless prohibited under'slate law, as additional security, Mortgagors hereby give Io and confer upon Mortgagee Ihe righl, power, and authority, during Ihe confinuance of Ihis Mortgage, to collect the rents, issues, and proflls of said property, rasew!ng unla Mortgagors the righl pdor to any default by Morfgagors in payment of any !ndebledness secured hereby or in performance of any agreement hereunder. ID collect and retain such ranis, ~ssues and profits as they become due and payable. Upon any such defauR, Mortgagee, upon giving wrRten noli~calion ID the Mortgagors or their successors, etc., may either in person, by agent, or by a receiver to be appointed by a court, and withoul regard Io the adequacy of any security for Ihs Jndeblednass hereby secured. enter upon and lake possession of said property or any part thereof, in his own name, sue for or olherwise collecl such rents, issues and profits, including Ihose ~ast due and unpaid, and apply the same, less allowable expenses of cotleclion ot such rents, issues and profits, and the application thereof aforesaid, shall not cure or waive any deMuR or notice of default hereunder or invalidate any act done pursuant Io such ngtice. The provisions appearing on pages 2 end3 are a par~ of this Mortgage. Page 1 904 Additional provisions referred to on pages 1 and 3 THIS Mortgage is made subject to the fofiow~ng condifions, and mortgagors agree; 1. Mortgagors w~ll make ail payments cn the due data thereof and perform ail other obfigaliees as required or provided herein and in said Loan Agreement. 2. Mortgagors Wifi pay when due ail taxes and assessments levied or assessed against said premises or any part thereof, and Wifi defiver receipts therefor to the Mortgagee upon requesl. 3. Mortgagors Will keep Ihe improvements now exisfing or hereinafter erected on the premises insured against ]ess or damage by tire and other hazards and perils included Within the scope of a slandard extended coverage endorsement, and such otheF hazards as Mortgagee may require, in such anlounts and ~or such periods as Mortgagee may require, and in an insura~ce company or insurance companies acceptable to Mortgagee. Ati insui-ance policies and renewals shaiJ designate Mortgagee as mortgage loss payee and shafi be In a form acceptable lo Mortgagee. Mortgagors hereby confer fufi power on Mortgagee lo settle and compromise all loss claims on al~ such Poticies; lo demand, receive, and rece!pt for ail proceeds becoming payable thereunder; and. at Mortgogee's option, to apply same toward either the resloration or repair of the premises or the payment et the Loan Agreement. Any application of such proceeds toward payment of the Loan Agreement shaft not extend or postpone the clue oate or morshly instailments due under the Loan Agreement. If Mortgagors fail Io perform the covenants end agreements contained in this Mortgage. including, Without limitation, covenants to pay taxes, procure insurance, and protect against prior fiens. - Mortgagee may at its option, but shall not be required to, disburse such sums and take such actions necessary to pay such taxes, procure such insurance, or otheneise to protect Mortgagee's interest. Any amount disbursed by Mortgagee hereunder shall be an additioflai obligation of Mortgagors secured by this Mortgage. Unieee Mortgagors and Mortgagee agree otherwise, ail such amounts shafi be payable Jmmediale~y by Mortgagors upon notice fi'om Mortgagee to Mortgagors, and may bear interest from the date of disbursement by Mortgagee at the leseer of the Agreed Rate et thtaresl stated in {he Loan Agreemen~ or the highest interest fete permisaible by appticab~e law. Nothing conlained in this paragraph shaiJ require Mortgagee to incur any expans~ or take any action whatsoever. 4. M°rt~agors Witi naither commit nor suffer any s~p, wasle, impairment or deterioration of ihe mortgaged premises, and Will maintain Ihe same in good order and repair. 5. in the even~ {he Mortgagors sail, agree to sell. convey, assign or atienata {he Mortgaged Premises, all obligations secured by {his Mortgage shall become due and~peyable at the option et the Mortgagee. 6. In {he event the Mortgagors detaull in the maldng of any payment due and peyable under said Loan Agreement, or in the keeping and performance by Mortgagors of any of the conditions or covenants of [his Mortgage or said Loan Agreement, Mortgagee may forthwith bring an Action of Mortgage Foreclosure hereon, or ir~fitule other foreclosure proceedings upon Ihis Mortgage, and may proceed to judgment end execution to recover Ihe balance due on said Loan Agreemenl and any other sums that may be due thereunder, including attorney fees et 15% of Ihe balance due and payable on said Loan Agreemenl. costs of suit. and costs of sale together w~th interest after judgment at the ra~e charged under the terms of the Loan Agreement. BUT PROVIDED ALWAYS, that if Mortgagors do pay or cause this Mortgage and the debt hereby secured [o be paid in ~ufi on the day and in {he manner provided in said Loan Agreement. then {his Mortgage and Ihe estate hereby granted shall cease and determine and become void, anything herein Io the conlrary nohvithstanding. The covenants herein conlained sharl bind, and the benefits and advantages shall inure to Ihe r~specfive heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, [he singular number shatl include [.he plural. [he plural the singular, and the use of any gender shall be applicable to ail genders. Page 2 ORIGINAL (1) BORROWEn COPY (1) RETEN'nON COPY (I) Additional provisions referred to on pages 1 end 2 Payment of this Mortgage Js subiecl to the terms and conditions of said Loan Agreement of even dale belween Mortgagors and Mortgagee. IN W1TNESS WHEREOF. the said Mortgagors have signed this Mortgage with seal(s) affixed, on the date first Signed, Sealed and Delivered in the Presence of: C~J~"G .6,. BR G (SEAL) ~ (SEAL) COMMONWEALTH OF PENNSYLVANIA / SS. COUNTY OF DAUPHIE On this 15 day of DEC]D~I~ER . 2000 ,, before me. a Notary Public. came C~.IG A. BRU'NGA~D Mortgagor(s) above named, and acknowledged the within Mortgage to be HIS BEE act ar'~l deed. and desired the same to be recorded as such. ; ,'~& WITNESS my hand and sea/the day and year afores~Jd~ Lows Paxt~ Tw~., Dau~)~ln ~unty MemOer, I~nns*/Nsnla A~sodaUo~ ~ N~e~ERTI FICATE OF RESIDENCE I. ~OD~ ~. '0~ of A~iates ~nsumer D~scounl Com~ Mortgagee n~ed n ~e forega/ng Me,gage. hereby ce~ ~at ~e eddre~ of ~id Me,gages is 3871 UNION DEPOSIT RD ~HARRISBURG ,PennsHvania. WITNESS my hand. thi~ . 1~ dayof DEC~BER , 2000 ,. Loan Agreement 0300618 12/15/00 01/01/11 $.00 BRUNGARD, CRAIG A 596.25 0.00 1631.55 44438.81, 46070.36 PAYMENT SCHEDULE AGREED RATE OF INTEREST "1", "me' and "my" refer to the Borrower(s) and Cc~orrower(s) named above. "You" and "your' refer to the lender named above. REPAYMENT I premise to pay you at your office, the principal balance together with interest figured at the Agreed Rate of Interest checked below until ftaly paid. ~ w~ll pay principal and interest by making payments each month. I will make my payments as set forlh in the Payment Schedule. Payments w~ll be made every month beginning on the first payment date stated above untll the loan is fulJy paid. ~f there is no such date in any month that follows, payment will be made on the last day of thai month. My monthly payments win be applied to interest before principal. If I still owe amounts under this Note on the maturity date, I will pay these amounts in full on that date. Monthly Payment(s) in the amount(s) shown below will be due as shown below. (For Variabla Rate Loans, this Schedula may change,) $ 1057.27 beginning on 02/01/01 ; followed by $ 835.2B beginning on 03/01/01 ; followed by $ $ .00 beginning on 00/00/00 ; followed by $ $ .00 beginning on. 00/00/00 _; followed by $ $.00 on 00/00/00 . Whichever boxes are checked, the corresponding provision applies, FIXED RATE: DISCOUNTED FIXED RATE: VARIABLE RATE CURRENT RATE: MONTHLY RATE CHANGE/ ANNUAL PAYMENT CHANGE SEMI~,NNUAL [] RATE CHANGE/ SEMI-ANNUAL PAYMENT CHANGE DISCOUNTED ~ RATE(APPLIES ONLY TO LOANS SUBJECTTO SEMI~,NNUAL CHANGES) The Agreed Rate of Interest on my loan is 12.97 % bar annum, The Agreed Rate of Interast on my loan is .% per annum However, for the first payment periods of my loan term, the Agreed Rate of Interest wilt be %. THiS IS A VARIABLE INTEREST RATE LOAN AND THE AGREED RATE OF INTEREST WILL INCREASE OR DECREASE WITH CHANGES IN THE INDEX. The Index is the "Bank Prime Loan Rate" published in the Feberal Reserve Board's Statistical Release H,l 5. The Agreed Rate of Interest is determined by the sum of the Index pius a margin, The Index es of the last business day of is __% my margin is %, therefore my current Agreed Rate of Interest is .% per year, My Agreed Rate of Interest is subject to change when the value of the Index changes as set forlh below. The rate cannot increase or decrease more than 2% in any year. In no event, however, will the rate ever be less than % per year nor more than % per year, [] The Agreed Rate of Interest is subject to change the 15th day of every month if the Bank Prime Loan Rate, as of the last business day of the preceding mo~th, has increased or decreased by at lea.st 1/4 of a percentage point from the rate for the previous month. Adjustments in the Agreed Rate of Interest w~ll be given effect by changing the dollar amounts of the remaining monthly payments in the month following the anniversary date of the loan and every 12 months thereafter so that the total amount due under this Loan Agreement will be paid by the final payment date, excluding any balloon payment, if applicabla. Lender waives the right to any interest rate increase after the last anniversary date prior to the last payment due date of the loan. The rate will not change before the First Payment Due Date. The Agreed Rate of Interest is subject to change on the sixth payment due date and every sixth month thereafter if the Bank Prime Loan Rate, as of the last business day of the month preceding the previous month has increased or decreased by at least 1/4 of a percentage point from the rate for the previous six month period. Adjustments in the Agreed Rate of Interest will be given effect by changing the dolb~' amounts of the remaining monthly payments on the sixth payment due date and every sixth months thereafter so that the tatal amount due under this Loan Agreement wiJl be paid by the final payment date, excluding any be[loon payment, if applicable, However, until my sixth payment due date, my Agreed Rate of Interest is discounted and wili be % per year, Beginning w~th the sixth payment due date, the Agreed Rate of Interest w~ll be determined by adding the margin to ~he thdex as of Ihe lest business day of the month preceding the previous month and my payment w~ll change. Thereafter, the Agreed Rate of Interest and paymen~ will rncrease or decrease on the tweifth payment due date and every mx months thereaher as stated in Ihe paragraph ~mmed~alely above J ]ORIGINAL (1) MATURITY INTEREST DEFAULT ATTORNEY FEES BADCRECK CHARGE PREPAYMENT PREPAYMENT PENALTY DELAYIN ENFORCEMENT SECURITY FOR THIS LOAN ARBITRATION I agree to pay im ; after maturity at the Agreed Rate of Interest. I Wgl be if3 default if I fail to pay any payment or part of a payment on time or if I fail to comply vath any of the terms of the Real Esfats Modgage on the real estate given as s~cudty for this loan. If I .default, you have the nght to dec,are the entire unpaid amoun o my loan immediately due and paysble w~thout g*¥mg me notice or asking me to pay. If this loan agreement is secured by a mobile home, I will be given a notice of right to cure a default if I am entitled to this nbece. If you decfare the balance of my loan due and payable, you have the rights and remedies provided for in the Real Estate Mortgage that secures this loan, including the righ~ to require me to pay any deficiency. I agree to pay reasonable attorney's fees, if this k)an agreement is referred for collection to an attorney who is not your salaried employee. If any check or instrument given es paymen~ on this indebtedness is d shonored, I agree to pay a service charge of $20.00. I have the right to nlake prepaymenfa of principal at any time. When I make a prepayment, I wig tell you on my payment coupon. All prepayments will be applied to applicable chargea with the remainder to principal. If I make a principal prepayment the¢$ will be 11o change~ in the due datea o¢ change~ to the amount of my nlonthly payment unts~J you agree In writing to those delays or change~. If I prepay In full, no part of the prepaid finance charge will be refunded. If the original principal amount of this loan is in excess of $50,000, the following provision applies: If an e. rnoun~ in excess of 20% of the odgthal principal balance is prepaid in any 12..month period within 5 years of the loan dale, I agree to pay a prepayment penalty in an amount equal to 6 months intarest on the amount prepaid in excess of 20% of the odginal principal balance. This prepayment penalty applies regardless of whether prepayment is voluntary or involuntary (even if it results from your acceleration of the debt in the event of my nom-padormance of any of the terms of the note or deed of trust). However, this provision shall not apply if I prepay the loan in full with the proceeds of another loan from you or one of your affiliates. You can delay enforcing your rights under this loan agreement without losing them. If I defaul~ in complying with any of the terms of my loan and you do not declare the loan balance immediately due and payable, this does not mean you cannot do so in the future if t default again. I give you a Real Estate Mortgage dated the same as this loan agreement to assure payment of my loan. I agree to pay the actual costs you ~ncur m recording a release or satisfaction of this secudty instrument when my loan is paid in full. The parties have on this date entered into a separate Arbitration Agreement. the terms of which are incorporated herein and made a part hereof by reference. The following Notice is applicable if the proceeds of this loan are applied in whole or in sulmltanfial part for the purchase of goods or services from a seller who 1) refers co~sumers to the creditor, or 2) is affiliated with the creditor by common control, contract, or bualne~s arrangement. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. If this is a first mortgage roan the Alternative Mortgage Transaction Parity Act of 1982 and the Federal Depository Instilutional Deregula- tion and Monelary Conlrol Act of 1980 governs certain provisions of this loan. If this is a second mortgage roan over $50,000, ~he Alternative Mortgage Transaction Parity Act of 1982 governs certain provisions of this loan. I acknowledge receipt of a complelely fil]ed;n copy of this roan agreement Page 2 of 2 DISCLOSURE STATEMENT BORROWER (Called "you" or "your") LENDER (Called '~ve' or 'us") CO-BORROWER: F.;LRRI S BURG PA 17109-5920 DATE OF LOAN [ ACCOUNT NUMBER ~.2/15/00 0300618 ANNUAL FINANCE Amount Total of PERCENTAGE CHARGE , Financed Payments RATE ] INSURANCE; Credit insurance is not required ~o obtain this loan and will not be provided unless you sign below. Insurance provided by the Creditor may be issued by an affiliated company which expects to profit from this insurance. TYPE TERM OF INSURANCE PREMIUM SIGNATURE 1 ~ q months, beginning I 'a,-~nl single credit life ir~sur e, We ~n~ joint o~gor ~redit life imur~ce. Joim Obligor Credit ~fe I~ur~ce on the Eff~tive Date of $ $. 00 mon~, beg~nmng I ~t credit accident and health i~urance. Cr~it Accident and Health I~urance on the Eff~ five Date of $ S. 00 Jnvolun~ Unemployment I~urance on the Effective Date of - $ $. 00 You may cancel ali, but not pad of, credit im~urance coverages on this loan by returning the credit insurance certrflcates lo the office where the loan was made. The unearned credit ~nsurance premium will be credited to your account. If cancellalion occurs within 15 days from the above date, the entire credit insurance premium will be credited to your account. Even though a credit is made to your account because the credit insurance s cancelled you will still be obligated to continue m~king payments on your loan as schedured. ' NOTICE: SEE OTHER SIDE FOR ADDITIONAL PROVISIONS ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot #212, Kingswood, Phase II, as recorded in Cumberland County PlanBook 55, Page 93, more particularly bounded and described as follows, to wit: BEGINNING at a point on the West side of Chippenham Road, said point also being a distance of One Hundred Twenty-Five feet North (125.00') of the intersection of the North side of Dorset Drive and the West side of Chippenham Road; thence by the line of Lot No.198 South Eighty-Two degrees Fifty-Three minutes Twenty-Two seconds West (S 82o 53' 22" W) a distance of One Hundred Twelve and One One-Hundredths feet (112.01') to a point at line of Lot No. 199; thence by same North Twenty-Bight degrees Fifty-One minutes Thirty-Five seconds West (N 28o 51' 35" W) a distance of Ninety-Five and Thirty-Four One-Hundredths feet (95.34') to a point at line of Lot No. 211; thence by same North Sixty-Six degrees Twenty-Eight minutes Thirty-One seconds Bast (N 660 28' 31" E) a distance of One Hundred Forty-Two and Ninety-Seven One-Hundredths feet (142.97') to a point on the West side of Chippenham Road; thence by same and a cu=ve to the right having a radius of Two Hundred Fifty feet (250.00') an arc length of Seventy-One and Fifty-Bight One-Hundredths feet (71.58') to a point; thence by same South Seven degrees Seven minutes Fifteen seconds Bast (S 070 07~ 15" E) a distance of Fifty-Bight and Thirty-Five One-Hundredths feet (58.35') to the place of Beginning. CONTAINING 14,246.40 square feet, and being known and numbered as 1015 Chippenham Road, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated November 9, 1988 and recorded November 10, 1988 in Cumberland County Miscellaneous Book 356, Page 1095. UNDER AND SUBJECT, Also, to all easements and restrictions of record and as set forth on the recorded plan described above. UNDER AND SUBJECT, Also, to an easement five feet (5') in width on the inside of the front property line for an underground stone trench to carry drainage waters alongside and under Chippenham Road from the lot line between lots 222 and 223. THE access easen~nt for the Homeowner, s Association between Lot No. 220 and Lot No. 221 as shown on said plan has been elin~nated in favor of a 10 foot (10') bike path easement to Han~den Townshp centered on the lot line between Lot No. 220 and Lot No. 221. THE Recreation Area shown on the Final Plan of Kingswood, Phase II, as recorded in Cumberland County Plan book 55, Page 93, will be eliminated and developed as building lots. BEING the same premises which Pa/nay Development Co., Inc., a Pennsylvania corporation, by Deed dated May 22, 1991, and recorded on May 30, 1991, in Deed Book D, Volume 35, Page 267, Cumberland County Records, granted and conv~yed unto Craig A. Brungard. TAX PARCEL NO. 10-16-1056-162. ~__ ~ L 50000 B154330. D~' MAY 25, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired headng can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENTGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S):. craze A. m~UN6A~ PROPERTY ADDRESS: 1015 CHIPPENHAM ROAD, MECHANICSBURG PA 17050 LOAN ACCT. NO.: 200287 ORIGINAL LENDER: ASSOCIATES CONSUMER DISCOUNT COMPANY CURRENT LENOEPJSERVICER: CTTTF[NANCIAL INC. Page 1 of 6 f085 8/99 Borrower's Name and Address: Certified, Return Receipt Requested ender s Name and Address CRAIG A. BRUNGARD 1015 CHIPPENHAM ROAD MECHANICSBURG PA 17050 CITIFINANCIAL INC. 3401HARTZDALE DRIVE, STE.126 CAM~ HILL PA 17011 Date: MAY 25, 2001 Account No: 200287 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CitiFinancial ThC. "we" "US" or "ours") on your property located at 1015 CHIPPENHAM ROAD, MECHANICSBLTRG PA 17050 (hereinafter, IS IN SERIOUS DEFAULT bemuse you have not made the regular monthly payments of $ 835.28 for the months of APRIl,, MAY 2001 ,and/or b~cau~ ~/A .......... Late charges (and other charges) have also accrued to this date in the amount of $ The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1670.56 You may cure this default within THIRTY (30) days of the date of this letter, by paying ~o us the above amount of $ i, 670.56 , plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: CITIFINANCIAL INC. CAMP HILL PA 17011 SUITE 126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our fight to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay offthe original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged properO~. If the mortgage is foreclosed your mortgaged proper~y will be sold by the Sheriff to pay offthe mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our rem~onable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. fl}86 I of 2 8/99 We may also sue yot. ~rsohally for the unpaid principal balar[ ~ and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and pre~ent the sale at any time up to one hour before the Sherif~s foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plas any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and performing any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately JuLy 25, 2001 A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717 ) 737-0431 This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your fight to remain in it. If you continue to live in the property after the Shefiff's sale, a lawsuit could be started to evict you. You have additional fights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same ~vosition as if no default had occurred. However, you are not entitled to this fight to cure your default more than three times in any calendar year. f086 2 of 2 8/99 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION 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. Dudng that time ~/9,, .mu~f ~rrRno~. ~nd attend a~fa_ce-to~face" meeting with one of the consumer counseling agencies listed at the end of this Notice. THIS ME-Ii'TING-'i~i~-~T o~CLJ~'WITHiN'¥Hi~ NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIFR: If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against your for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE: Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) if you have tried and are unable to resolve this problem with the lender, you have the dght to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within%~ (30) days of your face-to-face meeting. Page 2 of 6 f085 8/99 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION: Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 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 COLLEC THE DEBT '~ (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MUle, i L~AGt= IJ~:FAi~ii-¥ (Sti~§-R u~ [u da[=). · ........ NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender on your property located at: 1015 CHIPPENHAM ROAD M~CHAN'rCSBURG PA 17050 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: APRIL: $835.28 MAY: $835.28 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $! ,670.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A 3 page 6 fo85 8/99 HOW TO CURE THE DEF~'-'i LT:' You may cure the default withir~i.-i-tlRTY (30) DAYS of the date of this notice. BY PAYING--THE TOTAL AMOUNT PAST DUE T° THE LENDER, WHICH IS $i.670.56 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to.' CITIFINANCIAL INC. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL PA 17011 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT: If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If tUll payment o~' ii ie [u[~; ~H,udi~ past due '- ,'~ot ,,mc, dc '-'='"~-' intends to instruct its attorneys to start legal action to foreclose upon your m0~tgaged property. IF THE MORTGAGE IS FORECLOSED UPON: The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will sti~l be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES: The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE: If you have net cured the default within the THIRTY (30) DAY pedod and foreclosure proceedings have begun, you still have the dght to cure the default and prevent the sale at any time up to one hour before the Shedffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner'~'~ set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Page 4 of 6 f085 8/99 EARLIEST POSSIBLE SHERIFF'S SALE DATF: It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would beapproximately .... 2 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 CITIFINANCIAL INC. Address: 3401 HARTZDALE DRIVE, STE.126 CAMP HILL PA 17011 Phone Number: 717-737-0431 Fax Number: 717-737-1456 Contact Person: GREGORY p. LIEBERMAN 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 x may or ~ 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 pdor to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGF.,,~,, 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. Page 5 of 6 f085 8/99 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Attached is a list of all counseling agencies for the county in which the property is located. Enclosure: List of Consumer Credit Counseling Agencies Page 6 of 6 f085 8/99 Consumer~ .edi/Counsehng' Agencies' - Cumberlar.~ County CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 234-9459 Community Action Commission of the Capital Reg/on 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX # (717) 234-2227 -~ F~r]an¢ial Counseling-Se/vices of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX # (717) 731-9589 Adams County Housing Authority 139 - 143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX # (717) 334-8326 f143 3/2000 SHERIFF'S RETURN - CASE NO: 2001-05052 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES FINANCIAL SERVICES VS BRUNGARD CRAIG A REGULAR ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRUNGARD CRAIG A the DEFENDANT , at 0020:45 HOURS, on the 4th day of September, 2001 at 1015 CHIPPENHAM ROAD MECHANICSBURG, PA 17050 by handing to CRAIG BRUNGARD a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 7 15 00 10 00 0O 35 15 Sworn and Subscribed to before me this /~ day of ~ ~/ A.D. · ~rothonotary ' So Answers: R. Thomas Kline 09/05/2001 PgkYMOND MAJCZAN ~ ' -~e~ty Shei~-/'~~'~' ~ ~