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HomeMy WebLinkAbout00-02779 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO. CJO- ~ 779 Cw"'[c.,-~ ESTELLA A, CHIARA A/K/A ESTELLA CHIARA Defendant CIVIL ACTION - LAW 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 written 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 judgement 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 LAWYER 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 Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le han demand ado a usted en la corte. si usted quiere defenderse de estas damandas 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 ;~, ,'i J ~ ~o ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. ESTELLA A. CHIARA A/K/A ESTELLA CHIARA Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C, S1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed, Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ~:li",: ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. ~ -;2 779 C;,;J T~ ESTELLA A. CHIARA A/K/A ESTELLA CHIARA Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Corporation with offices at 1111 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019-3931. 2, Defendant, ESTELLA A. CHIARA A/K/A ESTELLA CHIARA, is an adult individual whose last known residence is 1302 CARLISLE ROAD, CAMP HILL, PA 17011. 3, On or about July 28, 1998, JOSEPH D, CHIARA AND ESTELLLA A. CHIARA A/K/A ESTELLA CHIARA executed and delivered a Loan Agreement in the sum of $86,402.49 payable to ASSOCIATES CONSUMER DISCOUNT COMPANY, which Loan Agreement is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Loan Agreement, in order to secure payment of the same, JOSEPH D. CHIARA AND ESTELLA A, CHIARA A/K/A ESTELLA CHIARA made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1471, page 854, conveying to the original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 1302 CARLISLE ROAD, >~ ' l;i CAMP HILL, PA 17011, and is more particularly described in Exhibit "B" attached hereto. 6. Mortgagor Joseph D. Chiara died February 15, 1999, and is hereby released from liability under the terms of the Note and Mortgage. Upon the death of Joseph D. Chiara, title to the real estate vested in Estella A. Chiara a/k/a Estella Chiara by operation of law. Defendant Estella A. Chiara a/k/a Estella Chiara is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that the Defendant has failed to pay the installment due on April 5, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 85,992.16 (b) Interest at $21.91 per day from 4/5/99 to 4/5/00 (based on contract rate of 9.30%) 7,997.15 (c) 15% Attorney's commission TOTAL 12,898.82 $106,888.13 * *Together with interest at the per diem rate noted in (b) above after April 5, 2000, and other charges and costs to date of Sheriff's Sale. 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 that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any ~ .~ ",- > jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.30% ($21.91 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL, By ttorney for Plaintiff I. D. #15700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234-4178 Loan Agreement PENNSYLVANIA llTLE V 1ST MORTGAGE 2ND MORTGAGE OVER S50.lXXI VAR1ABLE.FIXEDRATE-BAU.QON LENDER: ASSOCIATES CONSUMER DISCOUNT COMPANY 15995 231 PAULI"" DR BRANCHCODEBTAEETADDREas "' DSTATE ~~ ~ 1~~lE RIW.PA'fWENI"I>>.11! ,lllIOIl&lfEEPAlD8YllORIIC7liEAlIl 0210961 07/2B/9B OB/05/13 $.00 ....... I' ":.. . ,l.lW(FE!!12l qj,IKIElQT(:I) I (1)'1ZI1{1l-(4) CHIARA, JOSEPH 5652.49 7421B.35 79B70.84 1302 CARLISLE RD alEIIITUFf~~PAEU. CllEDrUIHINl.I'REIl. -R/WQ01'1 CAMP HILL I ~OO ' $.00 . 80750."00 PA 17011-6102 I ,. '00 11'flI<<ml.lWAHCl!(11'1I1"11 1D7AI.Oftll.YMEN11(4)t{II 86402.49 . 160620.84 ClCI-8CIl'IRMflIlSPllUSEl -........ RRSTI',I,'fWEHI'!l.\TE' CHIARA, ESTELLA 09/05/98 glU, "m.s" and "my" refer to the Borrower(s) and Co-Sorrower(s) named above. "You" and "your" refer to the lender named above. REPAYMENT I promise to pay you, at your office. the principal balance together with interest thereon calculated at the Agreed Rate of Interest shown below until fully paid. Inwrest accrues on a daily basis. I will repay my loan by making the monthly,paymenlS set forth in the Paynient Schedule below. Payments will be made on the same date of every month beginning on the First Payment Date stated above until the loan is fully paid. If there is no such date in any month that follows. payment will be made on the last day of that month. My payments (whether regular payments or prepayments) will be applied first to any accrued unpaid interest, second to authonzed charges (such as late fees of bad check fees). and thereafter to my outstanding principal balance, or in any other order you choose. Any late fees will be due and payable in addition to my regular payments. Since interest accrues daily, if I do not regularly make my payments on the scheduled due dates, my regular payment amount may not be sufficient to pay the accrued interest, and therefore the amount I borrowed may not decrease as scheduled. All amounts owed will be du~ and payable on the Final Payment Date shown above. PAYMENT Monthly Payment(s) in the amount(s) shown below will be due as shown below. (For Variable Rate Loans, this Schedule SCHEDULE may change.) $ 936.73 beginning on 09/05/98; followed by $ $ $.00 beginning on 00/00/00; followed by $ $ $.00 on 00/00/00. Whichever boxes are checked. the corresponding provision applies. AGREED RATE OF INTEREST YORK PENNSYLVANIA ANANCE +- CHARGE 892.09 beginning on 10/05/98 ;, followed by -S.OO beginning on 00/00/00 ; followed by FIXED RATE; [!l The Agreed Rate of Interest on my loan is 9.30 % per annum. The Index as of the last business day of Agreed Rate of Interest is % per year. My Agreed Rate of Interest is subject to change when the value of the Index changes as set forth below. The rate cannot increase or decrease more than 2% in any year. In no event, however, will the rate ever be less Ihan % per year nor more than % per year. o The Agreed Rate of Intere$t is subject 10 change the 15th day of every month if the Bank Prime Loan Rate, as of the last business day of the preceding month, has increased or decreased by at least 1/4 of a percentage point from the rate for the previous month. Adjustments in the Agreed Rate of Interest will 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. e><<:luding any balloon payment, if applicable. Associates 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. SEMI-ANNUAL 0 The Agreed Rate of Interest is subject to change on the sixth payment due date and every sixth month RATE CHANGE! thereafter if the Bank Prime Loan Rate, as of the last business day of the month preceding the previous month SEMI-ANNUAL has increased or decreased by at least 1/4 of a percentage point from the rate for the previous six month PAYMENT period. Adjustments in the Agreed Rate of Interest will be given effect by changing the dollar amounts of the CHANGE remaining monthly payments en the sixth payment due date and every sixth months thereafter so that the total amount due under this Losn Agreement will be paid by the final payment date, excluding any balloon payment. if applicable. DISCOUNTED FIXED RATE: VARIABLE RATE CURRENT RATE: MONTHLY RATE CHANGE! ANNUAL PAYMENT CHANGE o The Agreed Rate of-Interest on my loan is of my loan term, the Agreed Rate of Interest will be % per annum. However, for the first %. Dayment periods D 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 RateU published in the Federal Reserve Board's Statistical Release H.15. The Agreed Rate of Interest is determined by the sum 01 the Index plus a margin. is %, my margin is %. therefore my current DISCOUNTED D RATE (APPUES ONLY TO LOANS SUBJECT TO SEMI-ANNUAL CHANGES) However, until my sixth payment due date, my Agreed Rate of Interest is discounted and will be % per year. Beginning with the sixth payment due date, the Agreed Rate of lr'!terest will be. determined by adding the margi.n to the Index as of the last business day of Ihe month preceding the prevIous month and my payment Will .change. Thereafter, the Agreed Rate of Interest an.d payment win.in~rease. or decrease on the twelfth payment due dale and every six months thereafter as staled In the paragraph ImmedIately above. 666778 REV. 4-98 Page 1 of 2 NOTICE: See other Side for additional loan terms. ORIGINAL (1) , I BORROWER COPY (1) I CO_SORROWER COPY (1) i aH,r3rl1'A" 00276A.08 AFTER MATURITY INTEREST DEFAULT ATTORNEY FEES BAD CHECK CHARGE PREPAYMENT DELAY IN ENFORCEMENT SECURITY FOR THIS LOAN ARBITRATION --, "~,~ "" ';'j , I agree to'pay intal after maturity at the Agreed Rate of Interest. I will be in default if r fail to pay any payment or part of a payment on fune or if t taU to comply with any of the terms of the Real Estale Mortgage on the feal estate given as security for Ihis Joan. 1'.\ ?efault. yo~ have th~ right \0 declare th~ entire unpaid amf?unt at my loan immediately due and payable without gIVing me notice or asking me to pay. If thIS Joan agreement IS secured by a mobile home, I will be given a notice of right to 7ure a default if ! am ent!tled to ~is notice. If you declare the balance of my loan due and payable, you have the nghts and remedies provIded for In the Real Estate Mortgage that secures this loan, including the right to require me to pay any deficiency. I agree to pay reasonable attorney's fees. if this loan agreement is referred for coJ/ection to an anorney who is not your salaried employee. If any check or instrument given as payment on this indebtedness is dishonored, I agree to pay a service charge of $20.00. I have the right to pay In advance at any time. If r prepay In full, no part of the loan fee will be refunded. You can delay enforcing your rights under this loan agreement without losing them. If I default in complying with any of the terms of my loan and you do 'not declare the loan balance immediately due and payable, this does not mean you cannot do so in the future jf I default again. , give you a Real Estate Mortgage dated the same as this \can agreement to assure payment of my loan. I agree to pay the actual costs you incur in recording a release or satisfaction of this sElCUrity instrument when my loan is paid in full. The parties have on this date entered into a separate Arbitration Agreement, the terms of which are incorporated herein and made a part heraof by refarenc.. The foUowing Notice is applicable if the proceeds of this loan are appUed in whole or in substantia! part for the purchase of goods or services from a seller who 1} refers consumers to the credito~, or 2) is affiliated with the creditor by common control, contract, or business arrangement. N011CE AN'f HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL ClAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNT$ PAID BY THE DEBTOR HEREUNDER. If this is a first mortgage loan the Alternative Mortgage Transaction Parity Act of 1982 ~~ the Federal Depository Institutional Deregu:- tion c..,d Monetary Control Act of 1980 govems certain provisio~s of th.is. loan. If. thIS IS a second mortgage loan over $50,000, e Alternative Mortgage Transaction Parity Act of '982 governs eertmn protJlSl0n5 of thIS ~oan. I acknowledge receipt of a completely filled--in copy of this loan agreement JJ:::!t;z~-) (BORROWER) .",,,,, (YVITNESSl Page 2 of2 002768.02 ALL That certain lot of lan' .ituate in the Township of Lower Allen, County of Cu.berland and State of Penn.y1vania, more particular- ly bounaed and described as follow.: B,EGINNING at a point on the northerly line of Carlhle .ioad, aaid poi~t being located .inety (90) feet aea.ured eaatward1y along aaid line froa the northe..t corner of Carlia1e and Se1wick Roada; thence northwardly along the eaater1y line of Lot No.1, D10ck "2" on the horeinafter .entioned Plan eieht,-fi.. (86) f.at to a point; tbenc. northeaetwardly through a portion of Lot No.2, Block "R" thirty- fiva and aixty-eieht one-hundredth a (S6.68) feat to . point .t the aoutherly liD. ~r land. 1l0W or late of lI'illiaa H. S.ith and vife; thonca aloll1 aaid S.ith land. e.atwardly aixty-aix and fifty-three one- hundredths (66.53) feet to a stake; thenca southwardly along the weat- erl:r line of Lot No.6, Block "It" olle hundred fifteell (116) feet to a atakel thence .outhwardly alone a.id ~ine and cro..ing a cOllcrete aideva1k five (6) feet to a point; thence weatward1:r in aaid walk and at right ang1ee to the 1aat .entioned line forty-eight and ninety-one one-huadredtha (48.91) f.et to a point; thellce .ti11 in .aid walk, eleven alld lIille olle-hulldredths (11.09) feet t~ the place of Degillning, 1 I BEING Lot No, 7, Block "I/." alld a .ma11 portion of Lot No.2, Block "I/." as ahovn On the Plan of Lot a of a po'rtion or Hilh1and Park, aaid 91an being recorded in the Cumberland County lI.ecorder'a Office i. Pla~ Book 4, Page 98. Having thereon erected a one story brick and fra.e dwelling No. 1302 Carlisle ioad, Highland Park, C.-p Hill, Penna. \L exurB/? /(6 - ~ ,~ , ---0" ~, " .;. S _,; Re: Associates vs. CHIARA Act 6/91 Notice U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3817) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: Estella A. Chiara 1302 Carlisle Road Camp Hill, PA 17011 (\ "'\ r_-:-:-- ,-. -~4&2}~-~~~~~~~~"i;?~ ~ ;:-/~""" 'v"",~__..__' ~---'.-.'.." /...-f...\'\-i....li.l':...~ ilt' "11'('1",\"1!('-' 1-:1< {' <:' ':;)\ ~ I~I .J,,,,,'e,i;,i,, I; f'~ ~:l' ,'i' ~ ~ /.:7 ~ i: l~~ L." i --. Ou IVI -- .o~ ~" _ ", '" ;", "_ !<~ \ } ",;-~"~::.:'i -- l! y. : I -!(< " j_?!.}u;~'f,iJJ, - \,,! .,) ~~ .....!It o"...,~/ ~;~'~;~\t~.____.__._.,~"._,~_J'~ , ~,~ EX 1-//6/ f "[l\ . ,. '.', _'-," ,,' O""j I I I - , ,J ' ~ ACT 9 1 NOT ICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe 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 paqes. The HOMEOWNER'S MORTGAGE able to help save your home. proqram works. ASSISTANCE PROGRAM (HEMAP) may be This Notice explains how the 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 Counselinq Aqencv. The name, address and phone number of Consumer Credit Counselinq Aqencies servinq your County are listed at the end of this Notice. If YOU have any questions, YOU may call the Pennsylvania Housinq Finance Aqencv toll free at 1-800-342-2397. (Persons with impaired hearinq can call (717)780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DB ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. -.' ". ~""e" ,-' ~ , ,-' ,l ; , - " ~, 'I I I February 15, 2000 To: Estella A. Chiara 1302 Carlisle Road Camp Hill, PA 17011 Re: Loan No. 013772610221666 Property: 1302 Carlisle Road, Camp Hill, PA 17011 CURRENT LENDER/SERVICER: Associates Financial Services Co., Inc., 1111 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019-3931 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL . IF YOU HAVE A REASONABLE PROSPECT OF RESUMING 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 a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY 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 AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desiqnated consumer credit counselinq aqencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the. reasons set forth later in this Notice (see following pages for specific information about the nature of your default) . If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. 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 YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above c~editor on your property located at: 1302 Carlisle Road, Camp H~ll, PA 17011 IS IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Delinquent payments (11 @ $892.09) Payment due during cure period $ 9,812.99 892.09 Total amount due $10,705.08 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the, date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Associates Financial Serives Co., Inc. 1111 Northpoint Drive, Buildinq 4, Suite 100 Coppell, Texas 75019-3931 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE 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 creditor 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 ~s not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortqaqed 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, out you cure the delinquency before the creditor begins legal proceedings against you, you w~ll 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 w~ll 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 riqht to cure the default and prevent the sale at~nv time UP to one hour before the Sheriff's Sale. You may do so bX pavinq the total amount plus any late or other charges then. ue, reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sher~ff's Sale and bv performinq any other requirements under the mortqaqe. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's .Sale of the mortgaged property could be held would be approximately FOUR months from the date of this Notice. A notice of the actuar-Qate 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. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER Associates Financial Services Co., Inc. 1111 Northpoint Drive, Building 4, Suite 100 Coppell, Texas 75019-3931 (800) 438-0263 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 Sher~ff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property: - 1-- , . YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. -- . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) CCCS of Western PA, Inc. 2000 Linglestown Rd. Harrisburg, PA 17102 (717)541-1757 Urban Leg. of Metro. Hbg North 6th Street Harrisburg, PA 17101 (717)234-5925 FAX#(717)234-9459 CUMBERLAND COUNTY , > ~,J "-,_ , _ Community Act. Commision of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 FAX#(717)234-2227 Financial Counseling Services of Franklin 31 W. 3rd Street Waynesboro, PA 17268 (717)762-3285 YMCA of Carlise 301 G. Street Carlisle, PA 17013 (717)243-3818 FAX#(717)731-9589 . ! I I i I I I I I . ! ! i , I I I i ! ! _---~h-'~- . . MAR-29-2000 08:20 PURCELL,KRUG,HALLER 717 234 7512 COMl'lINY NAMb:' M'SOCIAT8S COl'J8UMJ<R DISC<'l1JNT COMPANY yIm.IFlt:i~J?ION I v~ri.rl' that tho statemliiiml~ made in the torel]"olng Complaint are ~rup. cud correet. I unde;r;stJ;\i'H1 that fa.lr:le ~-cat:@melll-.5 herein. are made sunjet.:t i.CJ l.he penaltiee ot 18 Pr."l. C. S. Section 4~04 r~li:l.LhlS to unsworn falsi[ i {.:i.Ltion to o.uthor1 tieti. nated: A4)(Lf ,q, 'j)CD By 'lJh.oJa 1JJ.1(~ '1'1t~e Team Lead/To; tig"t; on SpA"'; ",; cot- ----l " . ""''''':1 . P.05 TnTAI P. VI.'i .~ .. " SHERIFF'S RETURN - REGULAR CASE NO: 2000-02779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT VS CHIARA ESTALLA A ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHIARA ESTELLA A the DEFENDANT , at 0017:45 HOURS, on the 23rd day of May , 2000 at 1302 CARLISLE ROAD CAMP HILL, PA 17011 by handing to ESTELLA A. CHIARA a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.38 .00 10.00 .00 36.38 r-~nV~~! R. Thomas Kline OS/24/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: 7~:U Deputy Sheri~ me this /AA- day of C;,.., ~ A.D. ~ (l 'ilAJtfP,~ J;ttf r thonotary