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HomeMy WebLinkAbout00-00445 . k_" ,,,,- "~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE . Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Discount Company 961 Weigel Drive P.O. Box 8604 Elmhurst, IL 60126 Consumer v. Timothy E. Barrick 61 Fickes Road Newville, PA 17241 and Gwendolyn A. Barrick 61 Fickes Road Newville, PA 17241 CIVIL ACTION/MORTGAGE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this compLaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, Go. TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 '^~~ " -M'.. ~. ~ ~~" ~~. -,^"" ""'-<' "' ' __,,"'~' o~, " _ "'_. Attorney for Plaintiff Cumberland County Court of Common Pleas ~HCJ- .<;~ ~ Number FORECLOSURE AVISO Le han demandado a usted en La corte. Si usted qui ere defenderse de c~tas demandas ex-puestas en Las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a La corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea aV1sado que S1 usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de est a demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA TAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CumberLand County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 >"-"--, '" '-,I~ 'f- ~__ " ,"-- ~~ """~,,;;,--~ -, ~, , _,',_"C, ",~~,._,::,,~,,~"'''; ""'"."" _, '." '._ _ ", "' '''.<''~ ,<',,_ I ')'1 ~ II :1 'I < McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Discount Company 961 Weigel Drive P.O. Box 8604 Elmhurst, IL 60126 Consumer Cumberland County Court of Common Pleas v. Timothy E. Barrick 61 Fickes Road Newville, PA 17241 and Gwendolyn A. Barrick 61 Fickes Road Newville, PA 17241 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Timothy E. Barrick, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 61 Fickes Road, Newville, PA 17241. 3. The Defendant is Gwendolyn A. Barrick, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 61 Fickes Road, Newville, PA 17241. H 0 '--'-" ~'"'__', . ~"''', "'"' ",' ~.. ,__, i.." ,,-_ ;c-."~- -,', ,-;--,,-,~'-~~ '~_ 0;-,' .'~ '-".'d,' . 4. On November 20, 1997, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1417, Page 1001. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 61 Fickes Road, Newville, PA 17241. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1998 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 11/01/98 through 12/31/99 (Plus $37.95 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search $110,999.30 $ 16,120.22 $ 5,549.97 $ $ $ s 225.00 125.00 200.00 GRAND TOTAL $133,219.49 8. The attorney's 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's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage i ~ ' ~, ,,', ,. .0_" " ';C_ .-- ,,'<' ",---,-, ,~>- ',-- .;, "" ,-,;:;,~, '--''''.,--"' , ,-~ '_,"', ::--';';,^-e" 'il , Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit liB. II WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $133,219.49, together with interest at the rate of $37.95 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERR~,C{l1!1~ Attorney for Plaintiff , ~~- - .........1 ,,,: .. VERIFICATION The undersigned, Renee Turner, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, Household Finance Consumer Discount Company, and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. ~~ RENEE TURNER - "<,,50.(: ~q V',";~~~ ./. ..,,~'r~"';';.J ~ 71"S-30:t,. <41-:'-;" . ,,' o IF BOX IS CHECKIlD, THIS MOJl.TGAGE IS AN oPBN-aND MORTGAGE! AND SJ;:CUIlBS PUTtJIl.ll ADVANQSs THIS MORTGAGE is mad.; this 20TH day of NOVEMBER 19.!2-.. ' between the Mortgagor, TIMOTHV ~ ,8ARR'lOK GWENDOLVN A BARRICK (herein "BDITOwer"J, alid Mortgagee HOUSEHOLD F I NANCE CON~R DI SCDUIH COMPANY a corporation organizod and existing Ullder the 1aflS Df, I'~VM I A ' 25 GATEWAV ORIVE,'GATeWAY SQUARE I iJBEl.i1~c~AfoIlC$aURG, PA 11065 herelll II . The following par';yapb. preceded by a cheeked box is applicable. X WHEREAS, BDITOwer is indebted to Lender in the principal $\.lm of $ 1 10. gOO. 30 , Borrower's Loan Repayment and Sewrity Agreement or Secondary Mortgage Loan Agreement dated NOVEMBER 20. 1QQ' and any elt_ollS or renew s '. ul;>"), l',uij.jjng f-or mentlll)' illlltallments of princi~ and interest, iilOluding any adjustments to the amount of paymeilts or the contract ra~ if that rate is variable, with the balance 01, the indebted.",.., il!'lOt SOoner paid, due and p8Y3ble 01\ NOVEMBER 20, 2027 : . , , . ' o WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as mal' be advanced pursuant to Borrower's Revolving Loan Agreement dated IIl3d extensions and renewals ,thereof (herein "Note"), providing for monthly illSt411menlS, and inter~ at the rate Illld under the mms sPecified in the Now, including .rt!ladjustmertts ill the interest ratl: if that rate i. ..ariable, and providing for a credit limit stated in the principal sum above and an initial aavance of $ TO SECURE to Lender the tepayme.nt of (1) the 'indebtedness evidenced by the Note, with interest thereon, including any I~ if the conttact tate is variable: (2) future advance.s ooder any Revolving Loan Agreement: (3) the payment of all other sums, with interest thereon, advanced in sceotd$nce herewith to protect the security or this . Mortgage: and (4) the performance of the covenants and agreements of Borrower herein contained, Bortower cloes hereby mortgage, grant and oonvey to Lender .!\d Lender's SUQ"Cl!$$ors .nd assigns tbe fOllowing described property located in tht!l County of CUMSERLANO " Commonwealth of Pennsylvania: - ", '- .~ MORTGAGE All th.ot certain prol=Jsrt>y sittJated In the township of We$l P8n~Sboro in the county Of Cumti.rland end Commo~wealth of Pe~n'ylvenl., being more fully described in a fa. simple deed dahd 0IrOB/1GB3 and rocotd.d 01/081 19B<I, .mong tho tend records of the ~ount~ and sta1e set forth above. in Volume G30 Page 89'. Tox, Pore.l. 10: 46-0Q-0517-014A "~': I'~'ti"i ..... . ,:'.~"E,X HI B IT "1\' '% = ..:: "'.:..,l'.: ,,;-':~' . . '-.. ~;".' 07-Z1-91 M.~. PA BGOd.417 rAGdOO1: ..' ; I ~ ., , . 'il ~ ' 'j '1'" 'l" '..., ~.' .'.~. :;': "i ' J ~. ORIGlNAI. 1IIIWllilllllll~mlllllllllliM.lmlll' hVV?Vl'.-1 bI?l:VlF=JC;T?tk nl PF=.C") cnq /;1C"'ClI:1!-..iT....,T......::.J".::lc: TT"""1/T...l-._C....iW::.J.J O"-,.-T cc llIill,,",," , .who~ a~ is ".. ." . - <.0 ....;. -: ~;~~~ N 1 C. ~':J ..I: ~ (11-~ o ;'::.:J -~: () 0 ;.... 0.'\- t=: ~7> ~:;. % C"":1~_ '-1 :"Y"l :..., .0{ 0 ~;, l i.f) ..,~. ';; , ' PAOQ1Z41 ~ ::3 ~ ...... 'c..:> eo.> T':> ~,-,l" -..t'.";e"'-~-' " itIl'..~-~ - .~ " ~ ~~ '-, ~\l,,':, . -2- TOGETHER with all the improvements now or: hereafter erected on the property. .,..d all tl8Se'ilents, tights, appurtenances and rents, all of whieh sliaU be deemed to be and remain a part of the p~qperty ooverC<!""bf this Mortgage; and all of the foregoing. together with ,s~d property (or the I~h<ild estate if this Mortgage is on a leasehold) ar. hereinafter zaferred "to as the ;Property.'" . Borrower covenants that BOtrolVer is lti'l(fullY sci$~ of the' esta~ hereby conveyed and has the right to mortgage, grant and convey the Property, alid that the prOperty is \J/lono~tnbeted, except lor tnCumbranoes of record. Borrower covenants that Borrow.r warrants and will,defend gen.rally the title to the Propeny agalnst all claims .nd demands, sv1;>jtct to enoumbrano6S of tecord. : ' ' , ' UNIFORM COVBNANTS~ Borrower and'Lender;covenant and agree as follows: ' L Payment of Pt"il1cipal and lotetest at Vari,able Rate~; 'Thls mortgage ..c= aIJ paymenta of principal and illterest due on a variable rate loan. The contract rate of lntetest and payment amoOllts may be subject to chang. as provided in the Note. Borrowers sh.ll promptly pay w,hen due all amountsf'lquired by the Note. 2. Funds tor Taxes and Insurance. Supjec;t to s~plicabl. law Or waiver by Lender. Borrower shall pay to Lender on the day monthly payments of prinoipaland in~ are pay~ble under the NQte, Wltil the Note is paid in full. a sum. (herein "Funds") equal 10 on.-twelfth ,of the yearly taxes and assessments (includin8 conclominium alld planned unit development assessments. if any) which may att~n priority~over thi",Mortga~ and grouod rents on the Property, if .ny, plus on....e1lth of yearly premium installm",,1S for h...rd ill$l1i"=. plus one"1we1fth 01 y$Srly premium installments for mortga,. iMurance, if any, all as reasonably .".timated ipiliall" '1\d from time to time by Lender on me oasis' 01 a8Sessineiit.S and bills and re>sonable e:si~mat.. thereof. Bbrrower shall not be obligated to make such payments of Funds to Lender to the extent that Bortower mak", such p~ymetlts to the bolder of a prior mortgage or deed of trust if such holder is an 'institutional lender. If Botrower pays Funds to Lend..., the Funds sh~1l be held in an institution the ~osits or accoWlls of which are insured or guaranteed by a Federal Ot state ag.ncy '(inoluding Lender if Lender is such an institution). Lender shaU apply the Funds to pay said taxes, _ments. insuranc. premiums and ground tents. Lender may not charge for so holding and applying the Funds, analyzing sald aCCQllllt or verifYing and compiling said ......ments and bills, unless Lend.r pays Borrower in_ on' the Purids and appl,icable law permits ,Lender to' make such a charge. Borrower and Len!'ler may agree in wtiling at the time of .xeC1,ltion of this Mortgage that interest On the Funds shall be paid to BOlTower, and unless such .greement is mlde or appiicable law requires such interest' to be paid. Lender shall not be required to p~y Borrow.r any interest or earnings on the Funds. Lender shall give to Borrower, withovt oharge, an aMual acco\ll'lting of the Funds showing cre.dits and: debits to the Funds and the purpose for which eaoh d.bit to the Funds was made, The Func!$ are pledged as. additiolllll' security ,for the sums secured by this Mortgage. If the amount of the Funds held by Lender. together with th.tuture monthly illl!taUmento of Funds payable prior to the due dat... of taxes. aasessments, insura""e pr.miutll$ and ground renlS"sh.11 .xceed the amount requited to pay sard u-. aas<:6Sln60U. insurance premiums and groUJld'~ts lIS they fall dUl', !lIth .~cess shall be. at BorroVl'er's option, either promptly repaid to. Borrower or ctcditeo:l to Bottower q,p. monthly installm~lS 01 Funds. If the amount of the. Funds held by Letider shall not" be sufficient to payta..., .......menta. inSurance Premiums ..,d ground rents as they faU due, Borrower shall pay to Ul>der any amount l\cceeeary\(> make ...p, the deficiency in one Or mote payments .s Lender may require, '. . ' . , ' ; Upon payment in full of all SVrnS secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragr.ph 17 herllOf the Property is ,l;Old or the Property is otbet1Vise acquired by Lender, Lender s!laJI apply. no later than immediately prior to thesale~f the PI"ll~Y pr Its aC~l,lisition by Lender,anyFunds held by Lender at the time of application ,~ a oredit" against the svms secured by this Mortg.g.. 3. Application of Payments,'Except 10' 10lUlS made pursuant to the 'Pennsylvania COll$umer Discount Company Act, .11 payltlents received by Len,der under, the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts pay,abl. to ,Lender by Borrower under Paragraph 2 hereof. then to interest, and then to the principal. ' , ' , 4. Prior Mortcal"" and Deed of Trust; Charges; Lien.. Borrower ,shall perform aU of Borrower'. obligation. under any mortgage, deed of trt!cSt or oth~ security agreement with a .li.n which has priority over this Mortg.ge, , including Borrower's covenants to rnake payments 'when du.! Botrow.r shall payor cause to be paid all taxes. assessmen1s and other oharges, fines and iinpositions attributabl. to the Property which may attain a priority over this Mortgage, and I_hold payments or gro\lnd rents, if any, ' 5. Hazard Insurance, Borrower sha.ll keep the j~provemen!.$ now existing Or hereafter erected on the Property insured against loss by fire, hazal'da included within, the term "extended coverage.." and such other hazards as Lender m."requi...., '...'," The insurnnce '<:ilrrl.r providing lhe insur.nce shall be choSen by the Borrower subjec;t to .pproval by Lender; provided, that ""eh approval shalj,oot be iJrireasonably withheld; "All ins\lnllce policies and renewals thereof shall be in a form acceptable to Lender and.!lh.!tJ.1 include, a ~ndard m01;lgage claus. in favor of and in . form acceptable \0 Lend.r. Lender shall have the rlgil'tH6l'J1,Qll1.'tb.e,;!ion.CiJ'$.:and renewals thereof, subject to the terms of any mortgage, deed of trust or other stOUrlty agre.ment with a lien which haS priorlty ~vet" this Mott6"02 01-21-97 Mottl'1l" PA :". ~OQr.l~1? PAGE1' MOO"4Z ORIGiNAl 1111~IIImID~~II~!lllIlllllml~1111ll111 , ..' 60/[0'd v~ct06~Stct6 01 86[~ Stg 0[90NIJlh~3S IIJ/ldJ-S~H ~~ ~[:St 66, tc lnr ~,.......... ~- ~~ ~ ~I~~ _L :', , ,~,- " '.. . " r . ~ . -3- " I~ ~nt onoss, Borrower shai! Bjve promiitnotice to the iMUrante carrier and I.elIdet. Lender may make proof of loss jf not made promptly by Borro...r. , " . . . If the property is abandoned by Borrower, or if Borrower !ails to respond t() Lender within 30 days from t~ date notice is mailed by Lender to Bol:l"Ower tnat the insurance carrier offers to settle a claim Jor insurance benefits, Lender is , authorized to collect and apply the insurance proceeds at Lender's option either to restoration 9r ....pair of the Property or to, tll. $lims SOCIlreC. by this Mortgage.' ' 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit DevelOl'ments, BorrOwer shall keep the Property in good repair and shaH not commit waste or permit impairmen.t or deterioration of tho ~1 ",d shall comply with the provisions of any lease if this Mortgage is on a I_hold, If this Mortgage is Oil .; uni~ in a condominium or a planned Ullit development, Borrower ShaH perform all 01 Borrower's obligations under: the declaration or covenants creating or governing the condominium Or plannEd unit development. the by-laws end re&U1~tions of the condominiUm or planned UlUt development, ana COll$tituent documents. , . 1. 'ProteetiOll. of Lender's Security, II Borro"er fails to perform the covenants and agreements contained in this Mortgage, or i! any action or proceeding is commenced 'Which materially alfeels Lender's interest in the Property, then LenclOt, at Lender's option, UpoIl notice to Borrower, may make sueh appearances, disburse such sums, including 'reasO~b1e attomeys' fees. and take sucb action as is ilecessary to proteol Lender's Jnterest. ' Arty,an'loUntS dlsb\lrlle4 by'Lender pursuant to thisparograph';, with interest thereon, at t~ eontrac;t rate, shall become additi,mal illdebtOclneso of Borrower secured by this Mortgage. ,tJn1oos Borrower and Lender agree to .other terms 01 payment, such amounts shall be payable upon notice from Lender to BorrOwer requesting payment thereof, Nothltl& contained in this paralll'&ph 7 shall require Lender to incur any e~pense or take any action hereunder, 8. !Inspectipn, Lender may take or cause to be made reasonable entriea upon and inspections of the Property, provided that Lender $hall givo Borrower notice prior to any sueb. inspection ~peeilying reasonable cause thettfer relared to Lender"s interest in the Property. , 9. i Condemnation. The proceeds of any award Or claim for damages, direct Or coilstquential, in connection with any condemnation or other takill8 of the Properly, or part thereof, Or fOr conveyance in lieu of condemnation, are hereby -ll!ied and shall be paid to Lender, iUbject to the terms of any mortgage, deed of tMt Or other, security agreement . with ~ lien which bllS priority 0..... this Mortgage. JO. Borrower Not Released; Forbearallce By Lender Not a WaivM. Extension of the time for payment or modifioation of amortization of the sums SOC1ll"e(\ 1>y this Mortgage ~anted by Lender to any SUCCe&1Ot inihterest of " llor~wer shall not operate 10 release, in any manner, the liability ot the Original Borrower and Borrower:_ s\l",,~n; in in~os1. Lender shall not be required to commence proceedings against $\Ich sueet$SOt or refllSe to exten6 time tor . payt!\ent or otherwise modify amol;lization of the sums secured by this Mortgage by rea..<On of any'detn~ made by the tj>rigl~ Borrower and Borrower's successors in interest. Any forbearance by Lender in exercioing any right or rcmtdy hereunder, or otherwise afforded by applicable law. sholl not be a waiver of or preclude the exetolse of any s\lOhiright ot remedy. ' , , q.Successors al.ld A$signs Bollnd; Joint and Several Liabilit.y; Co-signers. The covenant$ and agreements herein contained shall1>ind; and the rights hereunder shall inure to, the respective successors snd assigns of Lender and Borrpwer, $\Ibjeet to the provisions of paragraph 16 hereof. All oovenants and agreements of Borrower shall be joint and !le"eral. Any Borrower who oo-signs this Mortgage, but does not execute the Note, (a), is eo-signing this Mortgage onlY to' mortgage, grant and convey that Bor~w""s interest in, the . Property to Under under the terms of this MOI1~, (b) is not PerSonallY Ifableot(theNole or" ..,ndor' this, Mortgage: and (0) agrees that Lender and any other Bon'ower her..under may agree to extend, modify, forbear, or make any other accommodations with regard to the terms o,! this Mortgage or tb.e Note without that Bottower's consent snd without releasing thst Borrower or modifying. ,this Mortgage as to that Borrower's interest in the Property. ".,' 12. Notice. Except for any Mtlee required under awlicsbl{ Jaw to be given in another manner,(a) any notice to Borrower provided fot in this Mortgate shall be given by delivering it or oy mailing sucl\ notice by certilie<! mail addtessed to BorroWer at the Property Address or at s\lOh other address lIS Borro",er may dCllignate by notice to Lender , as provided herein, and (b) any notice to Lender shall be given by certifiEd triail to I..etld....s a<1<lreas stated herein or to slICh'other a<1<lr_ as Lender may'designate by notice, to Borro~er as provided herein. Miy notice ptQvidt<! for in this Mortgage shaU 'be deemed to have been given to Borrower or Lender ..,hon given in the manner designated herein. , ,u. Goveming Law; Severability. The State andloeat laws spplicable to this MOrtgllge shall be the laws of the jllrisdiction iJl which the Property i... located. The foregoing sentene. shall not limit the applicability of, Pederal law 10 this Mortgage.".!n the event thit any provision or clause 01 this Mortgage or the Note conflict\! with applicable law, such eonflict shall ,not affect other proVisions of this Mortgage or the Note which can be given effect without the conllleting provision, ariQ.1O this end ;he provisions of thia Mortgage and the Note are declared to be scvwable. AJ& used hereOn, 'costs,' 'expenses' ,and "attorneys' fees" ineludl> all sums to the extent not prohibited by applicable Is\\' or limited herein. 14. Borrower's Copy. :Borrow.rshall be furnished. conformed copy of the Note and of this Mortgage at the time of execution or ~fter reco~~~~1.~~\; ,',.. J. .', .soax1417'RGE1003 0'-21-51 """'S' PA' O.'.I~L .. " .lllm~IIIIII.llllllllnmlllll.IIMllmlml PAOO'243 \ ", 60/1>0'd Pl,cl06LS'tc16 01 86[L Sts 0~99NI::JTr1~-'::;~: rT:J/r.--l'I-C:~H ~-l ~C'~CT. h~. T? inr dimlillillilir.MI "~<" ~" ~ "~ - "_L:-.~, "-l::.~: "+ " .';.\ -4- 15, Rebabilitation Loan AgreemenJ. Borrower shall fulfill, all of Borrower's Qbligations u~ any home rci'>abilitatiM, improvement, repair, or other loan .g.....ment' wbloh Borrower enters into with Lender. LeISer, .t Lender's option, may require Borrower to e~eeute and'deliver 10, Lender, in a form acceptable to lendor; 'n assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, material. or services in coMectlon with improvements made to the Property. 16, Transfer of tbe 'Property, If :!Jdrrower sell. Qr transfers aU. Or .ny part of the Property or an interest therein, exclucling (8) the creation Qf a lien or enc1'ffibrance subordinate to this Mortgage, (b) a ttansfer by devise, descent, or by operation olla... upon the d~th of a joint tenant, (c) the grant of any leasehold interest of three years or le$$ not containing an option to purchase, (d) the creation of . purchase money security interest for household appliances, (e) a trtlIlSfer 10 a relative rc:l\J!dng fl'9m the death of a Bcitrower, '(f) a transfer where .the spouse Or children of the Borrower become, an owner of the prOperty, (g) 8 transfer resulting from a decree of dissolution of marriage, legal separation agreement, or f'O;n an incidental property settlement agreement, by which the epouse of tbe Borrow.... becomes an owner of the propMty, (h) a transfM inro an inter vivos trust in whicb the Borrower is and remaill$ a beneficiary and ."hieh does nol. relate to a'trallSfer of rights olocoupancy in the property, or (i) any other traMIer or disposition described ,"in regu1a~ons presCribed by !he Feder~ Home Loan Bank :eoard, Borrower shall cause to be submitted inlormatio" required' by Lender to evaluate the tr~eree ~ it a new loan were being made to the transferee, Borrower wHl continue to' be'(lbligated uncler', the Note" and this Mortgage unless Lend... releases Borrower in writing. " 'If tender does not agree to sucb Gille or'transfer, Lender may' cleelare all of the sums secured by this Mortga,ge to be immediately due and payable. If, LeMer ,exercises such option to accelerate, Ledder shall mail Borrower notice of ae<:eleration in accordance with ~all'"aph '12 hereof. Such notice shall ~vide a period 01 not less than 30 days from the date the nGtioe is mailed or ~ivered 'wlthin which llorrower may pay tbe .ufris declared due. If Borrower I.ils 10 pay such slims prior to the expiration of'Such peri9d, Ltlnder ,nay, withOut further notioe Or demand on BorrGwer, invoke any remedi~ permitt<d bi patigrap~ 17 hereOf, ' NON-UNlFORM COVENANTS. Borrower and Le,nder furthe:- covenant and agree sa follows: 11. Acceleration; Remedies. ,Except as provided in pat;lllraph 16 'bereof, ..poo Borrower's breach of any covenant or agreement of BOrTower I" this Moitgalle, lrieluding th"e covenants to pay when <lue allY sums secured by this Mortgage, Lender prior to a,oceleration shall gi:ve nOtice to Bonow,er as provl4ed in paragraph 1:2 hereof speoifying: (I) the :br...ch.; .(:2) the action required to cure such breaeh; (3) . <late, not less than 30 <lays from the dllte the notice is mailed to Borrower, ,by which such breach must be cured;, and (4) that failure to '"ute such breaoh on, Or before ,the date ~peoifledit1 the notice may result in acceleration of the sums secured b)' tb,is Mortgage,: foreelqsure by judicial pip.eeedinl, and sale of the Properiy_ The notice shall further inform 8orrower of' tbe right to reinstate after, acc:elera~ion and tbe right to assert in the foreclosure prooeeding the nonexistlMlce of a d~fault or any other,defense,:of Borrower to aeeeleratiotl and foreolosure. If the breach is not euredon or before the dale spetltied in': the notice. Londer, at Lender's option, may <leel.re all of the.sums se"ured by' Ibis Mortgage to 'be immediately, due and payable without' further <lemand and may foreclose this.Mortgale by ju<libial proe~dillll. Len,der shall be entitled to collect in such proceeding all expenses of for~9~0$ure, ili.eluding, )lut not limited to, reasonable attorneys' fees and costs of 4ooum.""'tary evidenee, abstracts and titl~ repOrt~.. ',' " lB. Borrower's Right to Rehlstate. Notwithst,;:pding Lender's aooel~ation of the sums by this Morlgage dtlC to Borrower's breach, Borrower shali have tiie'right 10 have any'ptoceed.inas beg'!n :by Lender to, enforce this Mortgage diocontinued at tltIy time prior roentry 01':8 judgment enforoing this MiX,tgage if:'"'a) Boirower' pays' lender' aU sums which would be then due under' this Mortgage and the Note: had IlC> .cceteration OCCUr1"ed; (b) Borrower 'cures all bteaches 01 any other covenants Or agreeinents tif, Borrower contained in this Mortgage; (0) Borrower pays all reasonable el!penses incurred by Lender in enforcing the covenants and .greementtl 01 Borrower contained .in this Mortgage. and in enforcing Lender's remedies as pl:Ovlded In paragraph 17 hereof, including" but not.JiP1itC4 to, reasonable attorneys' fees; and (ell: Borrower takee such .ction as Len<;\et 'may reasonably require 1O,.ssurc that the,:llen, of this Mort~ Lellder's interest in the Property and Borrower's obllgajion to pay the sums secur<id by this: MotlllMe ." shall continue unimpaired, Upon' sueh payment sn4' cura by "Borrower, this Mortgage and the ~;;llgatiorlS se.i)\ted,' hereby shall remain in full force ~d effeet'3s if no ac,cieleration'had oeourred., . ,',',' :",,' ,:-' '. ': 19. Assignment of Rents; Appolntme.l!t of Receiver. AS additional security hereuncler, Borrower hereby ,~g;\s to Lender the renttl of the Prope1jty, provijled that Borrower shall, prior 10 acceleration under paragraph, 17 .hereof, in abandonment of the Property, have the right to collect atld retain suoh rents as they become due and payable. Upon acoel....ation under paragraph 7 hereof or abtmcionment 01 tbeProperly, lender shall be entitled to have a receiver appointed by a court to I!:nter IIp<ln, take ~on of: and manage the Property ancl to calleet the r.ents of the Property including those past due, All rents oollected by the reooiver shall be applied first to payment of the costs of management of the Property and coUeetion of rents, inoluding, but: riot limited to, reo:eiver's fees. premiu'1ls on receiver's bonda 'and reosonable attorneys' fees, and then to thO'sums secured by this Mortgage. The receiver shall be liable 10 a.count only for those. rents f.r~r!I;~eiy,ef; . ; , ,B^O' ~".~ '7 PAGE"'IOO4 07-21-97 Mort9.ge PA ',' ".,~ ",.. . - .. ...' u .:!..U.. .a; PAO01244 ORIGINAl 1IIIllllnIIIlIIIIIDlllfilmillllll"llllll~ 60/S0'd ~~C!06~S!C!6 01 86E~ 9!9 0E98NIJ10~3S IIJ/ldJ-SdH ~d 6E:S! ~h, t7,nr __J'--~_.- - " L ""~ - '^'"- I." _~ .,-,." ,"."" " ~s- , .. ,..2fl! lle1ease.. Upon payment of all sums ..cured by this Mortgage, Lender shall release this Mortgage without charge to :BOlTOwer, Bortower shall pay all CO$lS of recordation. if any, ' 21. Waiver' of Homestead. Borrower hereby waives all ri$ht or homestead exemption in the Property under state or Pe<lerallaw. 22. lnte.rest Rate After ludgment. BorrOWer agrees the Interest rate payable after a judgment is entered on the Note C)r in an action of mortgage foreclosure shall be 1he rate stated in the Note, REQUES,T FOR NOTICE OF DBPAULT AND FORBCLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF nUST BOl'rOwer and Lender reque&! the holder of any mortgage. deed of trUSt or other encumbrance with a lien which has priority over this Mortgage t9 give Noti"" to Lender. at Lender's addre$$ setforlh on pass one of this Mortgage, 01 any default UI1der the superior' enoumbrance wd 01 any sale or other foreclosute action, . ':!.._~A~,[! ~ T~(:.iSV<BA~RICK .~rowu ~k\"..,,~~l-'\ {.6~ . GWiN'DOLV~ A BARRICK -Borrow.. I hereby certify that the precise address of the Lender (Mortgag..) is: HOUSFHOLO FT NANCF 25 GAHWAV ORTVF. MFCHANICSRIIRr. PA 17n~~ On behalf of the LCnder. By: NUT HFRMAfIIr _ ,----J Title: BRANCH MANAGER COMMONWEALTH OF PENNSYL VANIA, ~t::JeJ\b,..J County as: . I. CHARL.ES W FAI TZ II , a Notary Publio in andforsaid county and state, (\0 hereby certify that TIMOTHY E BARRICK & GWENO,QL.YN A BARRICK persoMlly known to me to be the same person(s) whose nam6(s) "''''' oubscribed to the foregoing il1Strument; appeared berore me this day in person, and acknowledge that _1bell--- signed an4 deli vere4 the $aid illSttUln!lllt as theiX' free 'IJolunWy aot, for the uses and purposes therein set forth, Given under my hatld and official seal, this My Commission expires: ';;;;z.'" ~ oUty bite .19-92-_ ItotIJY 8eaI C\larlel W Fritz B This instrument was prepared by: ~/!~~ (N.a , '- I-lOU,~EHOlO FINANCE CORPORATION _ ~Drive. Suite 107 Po rg, Ii'Aldrff'D55 ' ',' \ t },' ~..~,;. 60/90'd t>,,2,06,S~2,6 01 86>:" 9'''1 Vi,g'lNT:lTn><"lC, r T:l,T,.n_C,." ". ""'cT "" T;; ""nl~ ~'~ ~. .....l '"0&&...-'_ . ":' . ~ ,~ , ' . ,:.:~' ~r:.::':' '~"'~':~:'>""'J' ~$. ',:.,;........:< ~.:,. ~~:~:~~~) 'i,.~ ,:. ".' . (.:;;~ :'';. ';;.:, ~;.~~~.'; ~ '''.: '~:.' ". ,A ., '. ;:,1 1.:~~fU} ',J' " . i, ,. . ' ".. f. 60/l.0'd vl.2106L<;t21F, rll RFS',) , q'[C~ I7K"ql::1I..jT'Ilfl>-l=l~ TT'I/T.-l'i_C:_U.J ).1-1 T.-b.CT ~~. T==' ,!if' ,~ --.~ - "~~_J_ _~". TERRENCE J. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET FHILADELPHIA. PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ08108 (609) 858-7080 FAX (609) 858-7020 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212) 697-0011 FAX (212) 953-0986 July 20, 1999 ._c_'.. . ..:, ',,",~ Gwendolyn A. Barrick P.O. Box 301 Newville, PA 17241 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 HOMEOWNERIS MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the program works. To see ifHEMAP 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 EXHIBIT "B" .-.,,""Co-'--" ~"" -~. ~" Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397 (persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area, The local bar association may be able to help you find a lawyer. LA NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VMENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Timothy E. and Gwendolyn A. Barrick PROPERTY ADDRESS: 61 Fickes Road Gateway Square/Suite 107 Mechanicsburg. P A 17055 LOAN ACCOUNT NUMBER: 713303-00-962541 CURRENT LENDER/SERVICER: Household Finance Consumer Discount Com,pany 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 PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT BAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU BAVE 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 offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that ,;'~ " 1" - ..~I ~^,,,,.' time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice. TillS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--Ifyou meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and tele.phone numbers of desienated consumer credit counseling agencies for the county in which the pro..perty is located are ~et forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY 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 COLLECT THE DEBT, (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) ,--"~ _I_.~." HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEF AUL T --The MORTGAGE debt held by the above lender on your property located at 61 Fickes Road Gateway Square/Suite 107 Mechanicsburg. P A 17055 IS SERIOUSLY IN DEF AUL T because: YOU HA VB NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: $1.183.01 for the months of December 1998 throu~h July 1999 Other charges: TOTAL AMOUNT PAST DUE: $8.28l.Q7 HOWTO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8.281.07. 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: Rich Brasch Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126 IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged propeI1;y. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to payoff 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 attorneyls 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 TIDRTY (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--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. ~~ ~"'~< I, biif2,..'':'-, You may do so by paying the total amount then past due. plus any late or other charl1es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage tothe same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DA TB-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Household Finance Consumer Discount Company Address: 961 Weigel Drive. P.O. Box 8634. Elmhurst. IL 60126 Phone Number: 1-800-959-3482. Ext. 6931 Fax Number: 630-617-7744 Contact Person: Rich Brasch 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by tile lender at any time. AS~UMPTION OF MORTGAGE--You mayor X may not 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, 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 HA VB TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: ob.tain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Very truly yours, TERRENCEJ.McCABE TJM/ddp SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 400 936 070 RETURN RECEIPT REQUESTED ~~-~~ ."~~" - IlII1.jl'jO;:~","'__' PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS I EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 ,," .~ I~- - ~~~~ ~~ =,~' llil*~.\,.b, TERRENCE J. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD SlREET PHILADELPHIA, PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08 to8 (609) 858-7080 FAX (609) 858-7020 SUITE 1503 52 V ANDERBILT AVENUE NEWYORK,NY 10017 (212) 697-0011 FAX (212) 953-0986 July 20,1999 Timothy E. Barrick P.O. Box 301 Newville, PA 17241 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 (REMAP) may be able to help to save your home. This Notice eJq)lains how the program works. To see ifHEMAP 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 Counselin~ A~ency. The name. address and phone number of Consumer Credit Counseling Agencies servin~ your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call (717) 780-1869. ~o ._~ .; I ~.~"'~~"'. . 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 NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDlATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Timothy E. and Gwendolyn A. Barrick PROPERTY ADDRESS: 61 Fickes Road Gateway Square/Suite 107 Mechanicsburg. PA 17055 LOAN ACCOUNT NUMBER: 713303-00-962541 CURRENT LENDER/SERVICER: Household Finance Consumer Discount Company 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 PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: -IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS ."~ --~ ~........,,! < 0li;0'~-: "NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CQNSUMER CREDIT COUNSELING AGENCIES--Ifyou meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the pro.per1;y is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. ,APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeownerls 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 the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, 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 me 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 AITEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date). ",",,~. ~ , . " ~ ~" ~ - ~..J ~ ""''''~~, NA 11 JR R OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at 61 Fickes Road Gateway Square/Suite 107 Mechanicsbur!;!. P A 17055 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: $1.183.01 for the months of December 1998 through July 1999 Other charges: TOTAL AMOUNT PAST DUE: $8.281.07 HOW TO CURE THE DEFAULT--Youmay cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8.281.07. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash. cHshierls check certified check or money order made payable and sent to: Rich Brasch Household Finance Consumer Discount Company 961 Weigel Drive, P,O. Box 8634 Elmhurst, IL 60126 IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to payoff 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 TIDRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDms-- 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--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs - " ~ ~. - ~l-^ iE!<illioc '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. EARLffiST POSSIBLE SHERIFF'S SALE DA TB-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Household Finance Consumer Discount Company Address: 961 Weigel Drive. P.O. Box 8634. Elmhurst. IL 60126 Phone Number: 1-800-959-3482. Ext. 6931 Fax Number: 630-617-7744 Contact Person: Rich Brasch EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff'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 Sheriff's 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 mayor X may not sell or transfer your home to a buyer or transferee who willljssume 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 POSmON 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.) - , ' - ......,..J..;~~ ~ - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, FOR CONSUMER CREDIT COUNSELING AGENCmS SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Very truly yours, TERRENCE J. McCABE TJM/ddp SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 400 936 069 RETURN RECEIPT REQUESTED ~"",- ~~, - L_~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 " l..........'..>'i.I,b~,_, ,~'" . ~~ -1.___," TERRENCE J. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PillLADELPHIA, PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (609) 858-7080 FAX (609) 858-7020 SUITE 1503 52 VANDERBILT AVENUE NEWYORK,NY 10017 (212) 697-0011 FAX (212) 953-0986 July 20,1999 Occupant(s) 61 Fickes Road Gateway Square/Suite 107 Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thi~ is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To ~ee ifHEMAP 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 ~nd 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 tolI free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. "-,, ~ ~'" " - - " ~I T"",l- .q",^,: 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 NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR ELPROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Timothy E. and Gwendolyn A. Barrick PROPERTY ADDRESS: 61 Fickes Road Gateway Square/Suite 107 Mechanicsburg. PA 17055 LOAN ACCOUNT NUMBER: 713303-00-962541 CURRENT LENDER/SERVICER: Household Finance Consumer Discount Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOST IRE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND. - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN ~~ -~. ._~J""",,_>~,,_>, THE 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 AGENCIES--lfyou meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names Hnnresses and teh,phone numbers of designated consumer credit counselin~ 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 YO)l1" intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency ASsistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Penns)4vania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY 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 COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). "~~~ - ~J~~~. ",,~"J. ~ . ~,~~I '. ~~,_' NATURE OF THE DEF AULT-- The MORTGAGE debt held by the above lender on your property located at 61 Fickes Road Gateway Square/Suite 107 Mechanicsburg. P A 17055 IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: $1.183.01 for the months of December 1998 through July 1999 Other charges: TOTAL AMOUNT PAST DUE: $8.281.07 HOW TO CURE THE DEFAULT--Youmay cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8.281.07. 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: Jlich Brasch Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126 IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs ~. -~. y 1?'1~ I """"'i1t', connected with the Sheriffs Sale as specified in writing by the lender and by performing any other req).lirements 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 SHERIFFIS SALE DATEr-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Household Finance Consumer Discount Company Address: 961 Weigel Drive. P.O. Box 8634. Elmhurst. IL 60126 Phone Number: 1-800-959-3482. Ext. 6931 Fax Number: 630-617-7744 Contact Person: Rich Brasch EFFECT OF SHERIFF'S SALE-- Y ou 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MOR TGAGE-- Y ou mayor X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomeyls 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, 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Very truly yours, TERRENCE J. McCABE TJM/ddp SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 400 936 071 RETURN RECEIPT REQUESTED ~"-", ~. ~ 0 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 ~~ _. ,l ~~_.,,-. . ' 1!llililIiII~!il!l~~!iIlIi1ilW11!~~~~I",,,,-,;,,,,,,c,~,,,.!,,;,,.,,,b;t".~".,....~~ ~ ~ O~. .~ ~ ,_ O'~' ~~" ,~__~ ~~ ~' ...0 ......... o "" ~ ~ ~~ ~ VV \jJ ~H ~ cl ~0Jt- ~ ~ ~'_iIiJIIlI:- ~ 0 (".:) CO c: <::) -n ~~- '-- ""tJC)~ :;~" ",.--r:i n-li'j", ~~;~ ,Lr Z"~-_ N ~~:k:q ;'-.2:C (j) ,.':.~: +"' ~~J ~~ -<.c. r::o ",,' '< '~~~B ~8 -A ~ "'''::::"lll PC U --1 Z N 2> ~ ~a (n -< *-k__~,",,~" ~ SHERIFF'S RETURN - REGULAR .. CASE NO: 2000-00445 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS . BARRICK TIMOTHY E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARRICK TIMOTHY E the DEFENDANT , at 0016:00 HOURS, on the 28th day of January ,2000 at 61 FICKES ROAD NEWVILLE, PA 17241 by handing to TIMOTHY BARRICK a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 SO;~~t R. Thomas Kline 02/01/2000 MCCABE, WEISBERG & CONWAY 1~ ~1l'V-O A. D. Q'1~' r2 ~ ~ P othonotary , Sworn and Subscribed to before By: me this ;{ g If:;. day of ~~. "~. "- ~~ . ;,,"', " SHERIFF'S RETURN - REGULAR , . CASE NO: 2000-00445 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS BARRICK TIMOTHY E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARRICK GWENDOLYN A the DEFENDANT , at 0016:00 HOURS, on the 28th day of January ,2000 at 61 FICKES ROAD NEWVILLE, PA 17241 by handing to TIMOTHY BARRICK a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~~f R. Thomas Kline 02/01/2000 MCCABE, WEISBERG & CONW~Y Sworn and Subscribed to before me this .2 S t:!:: day of c11jUd~"'1 ,;L'>-7rf) A.D. q"Jp;otlj?on~~j1~." ~ ~ ",,-' .. ,-- ,~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HOUSEHOLD REALTY CORP V. TIMOTHY BARRICK and GWENDOLYN BARRICK Defendant ~-'" ~"~, ri ,~. -,.0< " ',',', Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER CV-00-445 ORDER TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended upon payment of your costs only. TERRENCE Attorney I'. I" ,;i " hi ;,; Iii Ii I;, 1,!1 ", I' :i I~ , Ii I'! I:[i Ii ''1 iii :ii ''I d m , li1 ~ '" " .'i '}I d; ~,1 r': I'i 1;, , ~i 'J !Ii ;J I:! H 'I Ii 1-' "I ~I d , "'~, ~' ',."",,,,,,,, ,.; ilI"~ ~,' ,eN" ,."" """'.w_.'''"',,",,,. ,,' ...., ,-", ~ t~: C,t,'" ~\}\ (l.l,,": ~~,C. ~\(:~!. J;:"" c.- 7" :.1, ~ --\ r".) - .. {~) -~n ~"0 .n ~ "j, .~] ::'.~~! .'. '''1j . ) ?"'.J ~~~~\rn i"-,,) " ___\'1 rv ?i-j ~, ~