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HomeMy WebLinkAbout00-02951 -, -, -; SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-02951 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS SMITH RICHARD J ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SMITH RICHARD J but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , SMITH RICHARD J RETURN NOT SERVED AS PER LORRETTA IN ATTORNEYS OFFICE 5/23/00, Sheriff's Costs: Docketing NOT FOUND RETURN Affidavit Surcharge 18,00 5,00 ,00 10,00 ,00 33,00 ~~-:~ , Thomas Kline Sheriff of Cumberland County GOLDBECK, MCCAFFERTY, MCKEEVER OS/23/2000 Sworn and subscribed to before me this ~.....A. day Of~ :LlT7TO A , D . ~~ D. n.,pO,.. ~ P 0 honotary ~ - , ;,~ ~ -, -', 'ilou,. SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-02951 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS SMITH RICHARD J ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SMITH DIANNE K but was unable to locate Ber in his bailiwick, He therefore returns the COMPLAINT - MORT FORE NOT! CE , NOT FOUND , as to the within named DEFENDANT , SMITH DIANNE K RETURN NOT SERVED AS PER LORETTA IN ATTORNEYS OFFICE, 5/23/00, Sheriff's Costs: Docketing NOT FOUND RETURN Affidavit Surcharge 6,00 5.00 ,00 10,00 ,00 21. 00 GOLDBECK, MCCAFFERTY, MCKEEVER OS/23/2000 Sworn and subscribed to before me this .:( mM day of 9,'" .;2.lnrJ A . D , ~a h.,fA" Pr t onotary ~ . ._0"" ^'- " I;;' _~'_, " ~ GOLDBECK McCAFFERTY BY: Joseph A, Goldbeck, Attorney I,D,#16132 Suite 500 - The Bourse Bldg, 111 S, Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff I~ ~~~VZ ACN~Rb6~;~i 6~~y & McKEEVER Or . he: ORI8iN/l.L FILED Jr. FIRST NATIONWIDE MORTGAGE CORP, PO BOX 9481, Dept. 1011 Gaithersburg, MD 20898-9481 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs, :ACTION OF MORTGAGE FORECLOSURE RICHARD J, SMITH AND DIANNE K, SMITH (Mortgagor(s) and Real Owner(s)) Term No, 208 S, Front Street Wormleysburg, PA 17043 Defendant(s) DC> - ;;29S'1 C,v~L 'T~ CI\i!L ACTIO"!: MORTGAGE FORECLdSUf:le THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE RAN DEMANDADQ A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, BS ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVlDO CON ESTA DEMANDA Y AV!SO. PARA DEFENDERSE ES NECESSARIO QUE 1)STED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTQ DE V!STA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN E;STA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPAC!ON, ENTONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED C(JMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIBDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFBRENCIA DE ABOGADOS) , 215-238-6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 TRUE COpy FROM RECORD In TestimOllY whereof, I here ulll:o set my hand llfld the seal of said Court at Carlisle, Pa. ,Ttrls ii,~~ ~~~A"~~&-0 , onolal'y I.J... ~ . '.""j ~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP" PO BOX 9481, Dept, 1011, Gaithersburg, MD 20898-9481, 2, The name(s) and address(es) of the Defendant(s) is/are RICHARD J, SMITH, 208 S, Front Street, Wormleysburg, PA 17043 and DIANNE K, SMITH, 208 S, Front Street, Wormleysburg, PA 17043, who is/are the mortgagor (s) and real owner (s) of the mortgaged property hereinafter described, 3, On November 20, 1978, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE LOMAS & NETTLETON CO" which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 653, Page 882. By Assignment of Mortgage, the mortgage was assigned to Plaintiff, which Assignment is lodged for recording, These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g), 4, The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 1999, 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. 6, The following amounts are due on the mortgage: Principal Balance Interest from 10/ 1/99 through 3/31/00 at 8,250% Per diem interest rate at $6,87 Attorney's Fee at 5% of Principal Balance Late Charges 11/ 1/99- 3/31/00 Monthly late charge amount at $31,86 Costs of suit and Title Search $ 29,972,38 1,257,21 1,498,62 159,30 560,00 . $ 33,447,51 169,72 Escrow Balance Deficit Monthly Escrow amount $ $ 33,617,23 7. 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 'M".' .,. i.."",,-~ , ., ~~. 10 " ~ . ~ - ^ ''''.~- '.<"0.- ~ 1.... ~ Sale, If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed, 8, Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $33,617,23, together with interest at the rate of $6.87, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. McKEEVER Jr" Esq. ,- , ~ -, ,^" " .. "', ~ ..~~, ,. - - ~; ~ MAY 01 '00 04:58PM P.6/8 VERIFICATION I, , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make Chis verification on behalf of the Plaintiff corporation and the facts set forth In Che foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities, Date: ,~ .---f ;/' .-1 ~/' ~~ //..,.. _ '--_e-'- ~.t"/ ~/. _/ .~/ /~U, #6838609442 - SMITH,RICHARD J. ............a -'J k-, .~, , ~ '_'--'i , } ABCO 1915i_ SCHE'p.!!LE "A" .I -.. ALL THAT CERTAIN lot or parcel of land situate in the Borough of Wormleysburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a survey by Michael C. D'Angelo, Registered Surveyor, dated ,October 30,1978 as follows: BEGINNING at a pin on the western line of Front Street, said pin being referenced 116,00 feet south of Market Street; thence extending along the western line of Front Street S 36 degrees, 44' E a distance of 58.00 feet to a pin at line of premises known as No,212 Front Street; thence extending along same S 53 degrees, 16' 00" W a distance of 150 feet to a pin on the Eastern line of River Alley (20 feet wide); thence extending along same N 36 degrees, 44', 00" W a distance; of 58,00 feet to a pin at' line of premises known as No, 204 Front Street; thence extending along same N 53 degrees, 16',00" E a distance of 150,00 feet to a pin on the western line of Front Street, the place of Beginning, HAVING THEREON ERECTED a two-story aluminum dwelling known and numbered as No. 208 South Front Street. BEING the same premises which Frank H. Long and Elizabeth S. Long, his wife, by Indenture bearing date the day of A.D.. 1978, and intended to be forthwith recorded at Carlisle, granted and conveyed unto Richard J. Smith and Dianne K. Smith, his wife, as tenants by entireties. THIS MORTGAGE IS inte~ded to be a purchase money Mortgage under the provisions of the Lien Priority Law as amended. AND . " _J.. _ --.'H_ . --'-,i ,-.,;-,c"," ..1ST '. ' NATIONWIDE · MORTGAGE pen 1115'S gUo P,O, Box 9481 Gaithersburg, MD 2D898.9481 January 26, 2000 Certified Mail RICHARD J SMITH 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 EXHIBIT A RE: Loan Number 6838609442 Dear Mortgagor: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour 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 vour home, This notice explains how the program works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TIllS NOTICE. Take this notice with vou when vou meet with the counseling agencv. The name, address. and phone number of the Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice, If vou have anv questions. you mav call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397, (Persons with impaired hearing can call 717-780-1869.) This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area, The local bar association may be able to help you fmd a lawyer, 5280 Corporate Drive. rrederick,-MD 21703 '. J, ,,", ~ ,~ ..,: , ~'. '"' .~" ",:""", "' "- M. WATIONWIDE " MORTGAGE EO, Box 9481 ~g:4fuOO~~81 Loan~o.6838609442 Page 2 PA Act 91 La notificacion en ad junto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa, Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba, Puedes ser elegib1e para un prestamo por e1 programa llamado "Homeowner's Emergency Mortgage Assistance Program" e1 cual puede salvar su casa de 1a perdida del derecho a redimir su hipoteca, Date: January 26, 2000 Homeowner's Name: RICHARD J SMITH Property Address: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 Loan Account ~umber: 6838609442 Original Lender: LOMAS & NETTLETON CO. Current Lender/Servicer: First ~ationwide Mortgage Corporation 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY 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 designated consumer credit counseling agencies listed at the end of this Notice. 5280 Corporate Orive, Frederick. MD 21703 - ' " ',,--"'..' , -" -~ ,- , -- "....~ '. .', 1ST , ,NATIONWIDE MORTGAGE P,O, Bo, 9481 J!lmlaliYi~ 2W004S1 Loan No, 6838609442 Page 3 PA Act 91 THIS MEETING MUST OCCUR WITIDN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE TO DATE. THE PART OF TIDS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and tele1;Jhone numbers of the designated consumer credit counseling agencies for county in which the 1;Jropertv 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 immediatelv of your intentions, APPLICATIONS 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage Assistance Program Application with one ofthe 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 TIDS 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, 5280 Corporate Drive, Frederick, MD 21703 . .;,,'. '"--, - " ,-'.' -,,-~ ~-'- ~ M '. .1ST , NATIONWIDE , MORTGAGE P.O. Box 9481 ~g4lfu~6lw1 Loan No. 6838609442 Page 4 PA Act 91 ;.,.;...:....-:.'..,,-,-,-:-:.:.;;:...-..... .;.:::.;.:::::;:;::::;:;):::::.;.:.,:.:...;..,.-. I:~~:~f}~::{;::{:::::::::::::;:;:;::: ttW~:::t\ftJtrfnfftf:I}:tt:I{/{\t\r:%;tn:l:fI;\l:~~~:::??~::::::::::::::..:::::::::::::::::::<:::~:::::::::::::::::::::~:::::::::~: :::::':::':'::':::'(:,;,::',:. .;._,--,-.-.-,-.-;-:-....:.;.,... HOW TO CURE YOUR MORTGAGE DEFAULT (BriDl! it UD to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE YOUR MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 1 Months@ 637.12 = 2 Months @ 544.30 = o Months @ 0000.00 = $ 637.12 $1,088.60 $0000,00 Late charges Bad check fees Foreclosure Fees Bankruptcy Fees Other fees Less Suspense balance $ 248.24 $ $ $ $ 42,00 $ TOTAL AMOUNT DUE $2,015,96 AS OF THIS DATE HOW TO CURE THE DEFAULT - You may cure the default within TIDRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2,015,96, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavments must be made either by cash. cashier's check, certified check. or monev order made payable and sent to: 5280 Corporate Drive, Frederick, MD 21703 ~ .-ok ,~ ., ~, , ." ,>; "1'>1< " .' 1ST " NATIONWIDE · MORTGAGE P,O, Box 9481 ~g~iUlGDQBl Loan No, 6838609442 Page 5 PA Act 91 First Nationwide Morte:ae:e Corporation 5280 Coroorate Drive. Frederick MD 21703 Mailine: Address: Dept. 0107 Palatine IL 60055-0107 IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within TIllRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morte:ae:e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within TillRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morte:all'ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt, lfthe 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, iflegal proceedings are started against you, you will have to pay all reasonable attorneys' fees 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, Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to pay attornevs' 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 THE SHERIFF'S SALE - lfyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou 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 bv paving the total amount then ~ast due. plus anv late or other charges then due. reasonable attornevs' fees and cost connected with the foreclosure sale and other cost connected with the Sheriff's Sale as specified in writing by the lender and bv the perfonninlJ: any other requirements under the mortl!age, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be 5280 Corporate Drive. Frederick. MD 21703 " ~ ~ oi -, ~--' [,', < ." A_ ;,..,h'" :..' - ",,",',,~,~, ;", ,~ "~ 'MIST , " NATIONWIDE , MORTGAGE PO, Bo, 9481 JWilW\liYr~ ~81 Loan No, 6838609442 Page 6 PAAct91 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: First Nationwide Mort\:al!:e Corporation 5280 Comorate Drive Frederick MD 21703 Department 252 1-800-888-5002 EFFECT OF THE SHERIFF'S SALE - You should realize that the 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 MORTGAGE -You, UPON OUR CONSENT may 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 DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT 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. . . . . * 5280 Corporate Drive, Frederick, MO 21703 - " ." ^";. -, ',.', ~'e..,._~ '_,." " '" PQ'/16'5'31:)' '-~ " '.1ST ',' ,NATIONWIDE , MORfGAGE m Box 9481 Gai1hersburg, MO 20898,9481 January 26, 2000 Certified Mail DIANNE K SMITH 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 RE: Loan Number 6838609442 1SJ(/fllJlt .II Dear Mortgagor: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour 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) mav be able to help to save vour home. This notice explains how the program works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIlIN 30 DAYS OF TIlE DATE OF THIS NOTICE, Take this notice with vou when you meet with the counseling agency. The name. address. and "hone number of the Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice, Ifvou have any questions. vou mav call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397, (Persons with impaired hearing can call 717-780-1869,) This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. Y Oll may also want to contact any attorney in your area, The local bar association may be able to help you find a lawyer. 5280 Corporate Drive, Frederick, MD 21703 -...... , ~ '.,-, '~, ~, .., '" _.. oC._ - _. -',- oWilj " .' ~T10NWIDE . , MORTGAGE P,O, Box 94B1 ~g~W:GOQ81 Loan No. 6838609442 Page 2 PA Act 91 La notificacion en ad junto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa, Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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. Date: January 26, 2000 Homeowner's Name: DIANNE K SMITH Property Address: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 Loan Account Number: 6838609442 Original Lender: LOMAS & NETTLETON CO, Current LenderlServicer: First Nationwide Mortgage Corporation 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT" ), YOU MAY BE ELIGIBLE FOR EMERGENCY 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 designated consumer credit counseling agencies listed at the end of this Notice, 5280 Corporate Drive, Frederick, MO 21703 '" --' -k.. ; . ""i"~, " h. . ,,', 'c' _ "c,. :" - ,,-," "_~'''__'',_, ,-- ~~ '< '.lST > NATIONWIDE , ' MORTGAGE W Bo' 9481 J!i\Ji\MiMiYrQ46~ 2QOO~81 Loan No. 6838609442 Page 3 PA Act 91 THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUlLT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consmner 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 nmnbers of the designated consmner credit counseling agencies for county in which the property is located are set foJlth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATIONS 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consmner 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 APPLICA TION 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. 5280 Corpo~ate Drive, Frederick, MD 21703 . , .-"-', -.,,c"" ,. ,~.-' ,;" -" - l "'i.>;,.A-;';~ ~- e-:':.."'_' "",,-" " ~ " 'MIST . ,NATIONWIDE . MORTGAGE f,Q, Box 94B1",,- _':Ill ~9fMU"""'l~~81 Loan No. 6838609442 Page 4 PA Act 91 iiiliLW.llliL.111",lili)i - HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it fill to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE YOUR MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 1 Months @ 637.12 = 2 Months @ 544.30 = o Months @ 0000.00 = $ 637.12 $1,088.60 $0000.00 Late charges Bad check fees Foreclosure Fees Bankruptcy Fees Other fees Less Suspense balance $ 248.24 $ $ $ $ 42.00 $ TOTAL AMOUN'f DUE $2,015.96 AS OF TIllS DATE HOW TO CURE 'I HE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WIllCR IS $2,015,96, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIllCR BECOME DUE DURING THE TIllRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check. or money order made payable and sent to: 5280 Corporate Drive, Frederick, MD 21703 - b" ,',-" J_,_ _ ,"".' ...k> ----~.^'~ ~ '- ;'.' , ""~~~"- . ,"'I,.;;, " M: · ~ATIONWIDE , MORTGAGE EO, Box 948~~ Ji!Ili\J.Wjfr_ :iQOO,(hBl Loan No. 6838609442 Page 5 PAAct91 First Nationwide Mortl!al!e Cornoration 5280 Cornorate Drive. Frederick MD 21703 Mailinl! Address: Dept. 0107 Palatine IL 60055-0107 IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortl!a\:"e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour 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 attorneys' fees 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. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attornevs' 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 THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou 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 bv paving the total amount then past due. plus any late or other charges then due. reasonable attorneys' fees and cost connected with the foreclosure sale and other cost connected with the Sheriff s Sale as specified in writing: by the lender and by the performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date ofthis Notice, A notice of the actual date of the Sheriff's Sale will be 5280 Corporate Drive, Frederick, MO 21703 " '_n " "",-, ,."-,~-" "'0 _'~_ , ...~,; ..,' 1ST' " . NATIONWIDE , MORTGAGE P.O, Box 9481 JI:\!ilWMiYr~~~81 Loan No. 6838609442 Page 6 PA Act 91 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, HO'W TO' CO'NTACT THE LENDER: First Nationwide Mortgal!e Corporation 5280 Corporate Drive Frederick MD 21703 Department 252 1-800-888-5002 EFFECT O'F THE SHERIFF'S SALE - You should realize that the 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 rt;:move you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION O'F MO'RTGAGE -You, UPO'N O'UR CO'NSENT may 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. YO'U MAY ALSO' HAVE THE RIGHT: -" TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FRO'M ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, TO HAVE TillS DEFAULT CURED BY ANY TillRD PARTY ACTING ON YOUR BEHALF, TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSillT 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, * * * . * 5280 Corporate Drive, Frederick, MO 21703 ~ ~ll[j WfI ",. " ,--.--- ~, .1'l,\II~"~ ~ 'OF,?: ( IF j j i .;:~r\iFF , :.Y d ." , . '--_:, L.' ',,'- -'lW!' , 00' '-.""'-/' _~-",,, . -"~C~rLll~r 'jC".-'-'~lJ;:~. "--f-{~~~-ri'i ~~ ",~~~~~-qi!Il.____~JIlJQI!B1"'_~'~~II1JlJI5tt ~--- I~ , ,-.,.,-- , ~r.;;. _ ",,_ _. ~C _. . '__ ~~,>,," . "- .r;,__.", I i , GOLDBECK McCAFFERTY BY: Joseph A, Goldbeck, Attorney I.D,#16132 Suite 500 - The Bourse Bldg. 111 S, Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. I Htl"!Iz(:;y IS A -. '" (:;E:PlrIFy ,;,RUE AND COR:~AirHIS (}c"o'" cr COPy "",PI. FILED FIRST NATIONWIDE MORTGAGE CORP. PO BOX 9481, Dept. 1011 Gaithersburg, MD 20898-9481 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs, :ACTION OF MORTGAGE FORECLOSURE RICHARD J, SMITH AND DIANNE K. SMITH (Mortgagor(s) and Real Owner(s)) Term No, 208 S, Front Street Wormleysburg, PA 17043 Defendant(s) 00 - ;;.9S/ C'ull'r~ CIVIL ACT1QN:MOFITGAGE FORECLdSUHI: THIS LAW FIRM: IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by ~ttorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIcE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Ba~ Association 2 Liberty Avenue, Ca~lisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE BAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTEQ RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVlDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIa QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANOA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADDS) , 215-238-6300. Cumberland County Ba~ Association 2 Liberty Avenue, Ca~lisle, PA (BOO) 990-9108 TRUE COpy FROM RECORD 111 T estiloonywhareof ,I here unto Sit my hand ' and the seal of said Coort at Catllslll, Pa, '- T~~~ ~~~AJ~~ . onotary Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 .- ^ " "," -- -. .- -.-"-k--.'r_~". COMPLAINT IN MORTGAGE FORECLOSURE 1, Plaintiff is FIRST NATIONWIDE MORTGAGE CORP" PO BOX 9481, Dept, 1011, Gaithersburg, MD 20898-9481, 2, The name(s) and address(es) of the Defendant(s) is/are RICHARD J, SMITH, 208 S, Front Street, Wormleysburg, PA 17043 and DIANNE K, SMITH, 208 S, Front Street, Wormleysburg, PA 17043, who is/are the mortgagor (s) and real owner (s) of the mortgaged property hereinafter described, 3. On November 20, 1978, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE LOMAS & NETTLETON CO" which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 653, Page 882. By Assignment of Mortgage, the mortgage was assigned to Plaintiff, which Assignment is lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g), 4, The premises subject to said mortgage is described as attached, 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 1999, 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, 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/ 1/99 through 3/31/00 at 8,250% Per diem interest rate at $6,87 Attorney's Fee at 5% of Principal Balance Late Charges 11/ 1/99- 3/31/00 Monthly late charge amount at $31,86 Costs of suit and Title Search $ 29,972,38 1,257,21 1,498,62 159.30 560,00 $ 33,447,51 169,72 $ 33,617,23 Escrow Balance Deficit Monthly Escrow amount $ 7. 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 - -~." 't" ~I '^ .- .; ,,~ - ., Sale, If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8, Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A", The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $33,617,23, together with interest at the rate of $6,87, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. McKEEVER Jr" Esq, .> - - ,c, ~~'~~;i MAY 01 '00 04:58PM < -'-~ ~.' >., - ,,-~ ,,~ ~",,-,,--.,,;;.<;;,- ~ ''''' _".0 tk;.- P.5/8 VERIFICATION I, , as the representative of the Plaintiff corporation within nallled do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S, 4904 relating to unsworn falsification to authorities. Date: tI~ :/ J l,~" .., ~_//'/' /' // ~/U'~74!!i / y #6838609442 - SMITH,RICHARD J, . ~ k.. I . ;:;,~r" ;"',.'~F . ,',~-' ,':'~'~ i.oi..i~olt~ ,-, ~ f ABCO 1915i_ SCHEPUlE "A" ..J ... All THAT CERTAIN lot or parcel of land situate in the Borough of Wormleysburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a survey by Hichael C. D'Angelo, Registered Surveyor, dated ,October 30,1978 as follows: BEGINNING at a pin on the western line of Front Street, said pin being referenced 116,00 feet south of Harket Street; thence extending along the western line of Front Street S 36 degrees, 44' E a distance of 58.00 feet to a pin at line of premises known as No,212 Front Street; thence extending along same S 53 degrees, 16' 00" W a distance of 150 feet to a pin on the Eastern I ine of River Al ley (20 feet wide); thence extending along same N 36 degrees, 44', 00" W a distancer of 58,00 feet to a pin at' line of premises known as No. 204 Front Street; thence extending along same N 53 degrees, 16',00" E a distance of 150.00 feet to a pin on the western line of Front Street, the place of Beginning, HAVING THEREON ERECTED a two-story aluminum dwelling known and numbered as No, 208 South Front Street. BEING the Same premises which Frank H. Long bearing date the day of to be forthwith recorded at Carlisle, granted K. Smith, his wife, as tenants by entireties. and Elizabeth S. Long, his wife, by Indenture A.D., 1978, and intended and conveyed unto Richard J. Smith and Dianne THIS MORTGAGE IS intended to be a purchase money Mortgage under the provisions of the Lien Priority Law as amended. AND . J c.. ~, i_,,:...," ,.",,"'-l' .',,'-' """'-0,,,,'- 1>-,'- .-,~""" ,.lST , . NATIONWIDE MORTGAGE pcn (I 'ffS .:s) to PO, Box 9481 Gaithersburg, MO 20898-9481 January 26, 2000 Certified Mail RICHARD J SMITH 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 IXHI81T A RE: Loan Number 6838609442 Dear Mortgagor: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. Snecific information about the nature of the default is provided in the attached DageS, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save your home, This notice explains how the program works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this notice with vou when vou meet with the counseling agency. The name. address. and phone number of the Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. Ifvou have anv questions. vou mav call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397, (Persons with imDaired 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 any attorney in your area, The local bar association may be able to help you find a lawyer. 5280 Corporate Drive. Frederick, MD 21703 . j - .--. .-.,-".' "''-''. "-"""-'-"-"'-"" "--"",,"-'.,, ~ ..... _1ST '., NATIONWIDE . MORTGAGE P,O, Box 94B1 ~g;Mi)WlOilQB1 Loan No, 6838609442 Page 2 PA Act 91 La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa, Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agenda (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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, Date: January 26, 2000 Homeowner's Name: RICHARD J SMITH Property Address: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 Loan Account Number: 6838609442 Original Lender: LOMAS & NETTLETON CO, Current LenderlServicer: First Nationwide Mortgage Corporation 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT" ), YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: * IF YOUR DEFAULT BAS 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 designated consumer credit counseling agencies listed at the end of this Notice, 5280 Corporate Drive, Frederick, MO 21703 ",,--,., " ',> "--~, e' -',V",.'- -, ~"_'.. '.-' -. .,..;... _ " .,. -"- M' lSf " NATIONWIDE , MORTGAGE P,O, Box 9481 JQli\J.laljjIr~Q ~81 Loan No, 6838609442 Page 3 PA Act 91 THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of the designated consumer credit counseling agencies for 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 immediatelv of your intentions. APPLICATIONS 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage 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 Peunsylvania 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. 5280 Corporate Drive, Frederick, MD 21703 1- -J , ...;, .1ST , NATIONWIDE MORTGAGE EO, Box 94B1 ~~g4ml2400li\81 Loan No. 6838609442 Page 4 .- ;~~~fi'i,*i);;;;.;"{fjj{:'; HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date) .-". ,,;;~.~.:;,,;.; '-.-.-",,,,,~r" _ ~ "'"'~ PA Act 91 NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 208 S FRONT STREET WORMLEYSBURG, P A 17043-1335 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE YOUR MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 1 Months@ 637.12 = 2 Months @ 544.30 = o Months @ 0000.00 = $ 637,12 $1,088.60 $0000.00 Late charges Bad check fees Foreclosure Fees Bankruptcy Fees Other fees Less Suspense balance $ 248.24 $ $ $ $ 42.00 $ TOTAL AMOUNT DUE $2,015.96 AS OF THIS DATE HOW TO CURE THE DEFAULT - You may cure the default within TlllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2,015,96, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavrnents must be made either by cash. cashier's check. certified check. or monev order made payable and sent to: 5280 Corporate Drive, Frederick, MO 21703 1...- .,- .-,., . ~ ,--, llll#I .1ST '" ,NATIONWIDE MORffiAGE EO, Box 9481 ~g:4Ail1iQtilQ81 Loan~0.6838609442 Page 5 PA Act 91 First Nationwide Mortl!:al!:e Cornoration 5280 Corporate Drive. Frederick MD 21703 Mailinl!: Address: Dept. 0107 Palatine IL 60055-0107 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this ~otice, the lender intends to exercise its rie:hts to accelerate the morte:al!:e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within TillRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgal!:ed 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 attorneys' fees 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 TmRTY (30) DAY period. you will not be required to Dav attorneys' 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 THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou 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 attorneys' fees and cost connected with the foreclosure sale and other cost connected with the Sheriffs Sale as specified in writing by the lender and by the performing any other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date ofthis Notice. A notice of the actual date of the Sheriff's Sale will be 5280 Corporate Drive, Frederick, MD 21703 - " .",,'" .,,-,--, ., - :" <~ii .1ST , ,NATIONWIDE · ' MORTGAGE ~O, Box 9481 JWilWlWr~~81 Loan No, 6838609442 Page 6 PAAct91 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: First Nationwide Mortgage Corporation 5280 Corporate Drive Frederick MD 21703 Dellartment 252 1-800-888-5002 EFFECT OF THE SHERIFF'S SALE - You should realize that the 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, UPON OUR CONSENT may 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 DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, . * * . * 5280 Corporate Drive, Frederick, MD 21703 .." ~T10NWIDE . MORTGAGE I. "'-" '., - . ~' '-._>."_c' - ,;; C,":"'., - - -" .o':~..I! pq II IrS? 3,,<; ... P,O, Box 9461 Gaithersburg. MD 20696-9461 January 26, 2000 Certified Mail DIANNE K SMITH 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 RE: Loan Number 6838609442 I:J(HI81'r JI Dear Mortgagor: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FOiRECLOSURE 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) mav be able to ,help to save your home, This notice explains how the 1;lrol?-ram works. To see if REMAP 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 counselinlJ alJency. The name. address. and phone number ofthe Consumer Credit Counseling: Agencies serving your County are listed at the end of this Notice, If yOU have any Questions. YOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (Persons with impaired hearinlJ 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 any attorney in your area, The local bar association may be able to help you find a lawyer. 5280 Corporate Drive, Frederick, MO 21703 '<-~,--,\" ',-- -.1ST '., NATIONWIDE , MORTGAGE PO Box 94B1 ~g:!ml~Dili81 Loan No, 6838609442 Page 2 PAAct91 La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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, Date: January 26, 2000 Homeowner's Name: DIANNE K SMITH Property Address: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 Loan Account Number: 6838609442 Original Lender: LOMAS & NETTLETON CO, Current LenderlServicer: First Nationwide Mortgage Corporation HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELlGmLE FOR FINANCIAL ASSISTANCE WIllCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELlGmLE FOR EMERGENCY 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 ELlGmILITY 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 designated consumer credit counseling agencies listed at the-end of this Notice. 5280 Corporate Drive, Frederick, MD 21703 ""-~ J, _''-J, -d,,~,~,.-;';,- '-_,,~_.'-~__.'~~,_, "",:_ ,,' ,.,' _ "''''iiitR, .. '\Sf , . NATIONWIDE MORTGAGE ~O, Box 94B1 Jli\liIliIA\iYr~ ~81 Loan No, 6838609442 Page 3 PA Act 91 TillS MEETING MUST OCCUR WITillN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE 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 - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and telephone numbers of the designated consumer credit counseling agencies for 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 immediatelv of your intentions. APPLICATIONS 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage 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. 5280 Corporate Drive, Frederick, MO 21703 , , , ,'. .,.,. , ---",,--'.~-'\',-~,.- ;'. ;', .'" .~ ,.lST , N,f\t,",O,NW, ' IDE . MORTGAGE f.O. ~ox94Bl ~g~2~fill\Bl Loan No, 6838609442 Page 4 PA Act 91 - i,.',A"',.,.'...,',,.,S..,.,s,.,:,.,',.,~"'~,:,.,',.,'tll,',',.,.,.,'".,.,",:a,',.",..,:,e,.,'.,:".,e,.,,.,.,;,!',.,.",.','.,",..,.,.,.',..,',..,. .",..,.',."',.,..,."',',.",.".,..,.,.,.,,..,.,,,.,.,.",.',., .,.,.".,.."..",..,.".,.."..,.,.."..,.,..,.,.."..,.,.,..,.,.,.,.,.,....."..,.,..,',.. ,',,', ,',',,','" ,'.,.,..""..,.,..".",.,',..,.",,',.,..,'....',.,.,.,..",..,.,.".,',.."..,.,',.,.,.,'.,.".,.".,.,.,,',.'",..",.."',..,,. """"""...'.'."...............................................;:...................'.""'" . _ _ ,'J . . :;:;:;:;:;:;:::;:::::::;:;::,,:;:::;:;:;:;:::;::;::t;~;;;;;;;;:;:;:;;;:;:;:::;:;:;;;~:;:;~;:;;:;;:;;~:;;:;;~;}~;;:).:;:i;>;.WX;;<;~::~);;{ HOW TO CURE YOUR MORTGAGE DEF AUL T (BriB!!: it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE YOUR MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 1 Months @ 637.12 = 2 Months @ 544.30 ~ o Months@OOOO,OO= $ 637.12 $1,088.60 $0000.00 Late charges Bad check fees F orecJosure Fees Bankruptcy Fees Other fees Less Suspense balance $ 248.24 $ $ $ $ 42,00 $ TOTAL AMOUNT DUE $2,015.96 AS OF THIS DATE HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2,015.96, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavments must be made either bv cash. cashier's check. certified check. or money order made payable and sent to: 5280 Corporate Drive, Frederick, MD 21703 ..'.' .,=~ i , , I I I i I I ! , 1 i I ! ~. .'0. ., ~ <, ',~ :~,;" , ,;~ -~ ,."'" ..,' . 'WATIONWIDE , MORTGAGE y,Q, Box 9481 Jgij;l~~~OO~81 Loan No. 6838609442 Page 5 PA Act 91 First Nationwide Mortgal!e Cornoration 5280 Corporate Drive. Frederick MD 21703 Mailing Address: Dept. 0107 Palatine IL 60055-0107 IF YOU DO NOT CURE THE DEFAULT -lfyou 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 mortl!age debt. Thismeans 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 mortl!aged protlertv . 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, iflegal proceedings are started against you, you will have to pay all reasonable attorneys' fees 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. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attornevs' 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 THE SHERIFF'S SALE - If you have not cured the default within the TillRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and tlrevent 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 attorneys' fees and cost connected with the foreclosure sale and other cost connected with the Sheriff's Sale as soecified in writing by the lender and by the performing any other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date ofthis Notice, A notice of the actual date of the Sheriff's Sale will be 5280 Corporale Drive, Frederick, MD 21703 ~ '" ;;','-,' - .,<.,'- ~~,,; ,.lST , NATIONWIDE . MORTGAGE 1'0, Box 9481 JMJ.WiYr~ ~OO.\l481 Loan No, 6838609442 Page 6 PAAct91 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: First Nationwide Mortl!al!e Cornoration 5280 Cornorate Drive Frederick MD 21703 Department 252 1-800-888-5002 EFFECT OF THE SHERIFF'S SALE - You should realize that the 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, !:I f; ji 1:1 Ii I. " " ,'i ASSUMPTION OF MORTGAGE - You, UPON OUR CONSENT may 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, j.: I: I.! I: i: , i i~ 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 DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCVRRED, IF YOU CURE THE DEF AUL T, (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 DEF AUL T 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. f~ " " . * * * * > 5280 Corporate Drive, Frederick, MD 21703 . ',~. ~ - ~. -,'.e-. r'.._ -.- 'II/jlf/i ", ~. :- r ,-- !, .j ], 'j i' ,l_. ..,~ _ p, , .".,., _~. ",,~~1I!!i?J J plll:41 ~- , _ " 7 _w~, . '~-"""~_o', , '::'-i:FF .l~'; fY ..,.!i!~_", 'i'"-'_ _ ".""..'c_ <'.,,,,,..~- --~,"">I'~ "1,..,-" -'1fI'~ ,~~ ~4>~ ~ .... I_'~_':F._'~ "~ J..~t"',~~_ _ '. _ .,_ ~-, <' '>. -" " - ~~-""'''-,,-. , GOLDBECK McCAFFERTY BY: Joseph A, Goldbeck, Attorney I,D,#16132 Suite 500 - The Bourse Bldg, 111 S, Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. FIRST NATIONWIDE MORTGAGE CORP, PO BOX 9481, Dept, 1011 Gaithersburg, MD 20898-9481 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs, :ACTION OF MORTGAGE FORECLOSURE RICHARD J, SMITH AND DIANNE K, SMITH (Mortgagor(s) and Real Owner(s)) Term No, C.v~Lj-~ 208 S, Front Street Wormleysburg, PA 17043 Defendant(s) 00 - ;19S/ CIV!L ACTION: MORTGAGE FOREctdslJ~1 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearanc~ 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 ~ay 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 'rELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELp. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (SOO) 990~910S Legal Services Inc. S Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V I S Q LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVlDO CON ESTA DEMANDA Y AVISQ. PARA DEFElIDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTa DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. R.ECUERDE: 81 USTED NO REPONDE A ESTA DEMANDA, SE PUBDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. I,LEVE ESTA DEMt'INDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL I1LAWYER REFERENCE SERVICEI1 (SERVICIO DE REFERENCIA DE ABOGADOS), 215-23S~6300 . ~umberland County Bar Association ~ Liberty Avenue, Carlisle, PA (SOO) 990~910S Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (717) 243~9400 .' . ' COMPLAINT IN MORTGAGE FORECLOSURE 1, Plaintiff is FIRST NATIONWIDE MORTGAGE CORP., PO BOX 9481, Dept. 1011, Gaithersburg, MD 20898-9481, 2. The name(s) and address(es) of the Defendant(s) is/are RICHARD J, SMITH, 208 S. Front Street, Wormleysburg, PA 17043 and DIANNE K, SMITH, 208 S, Front Street, Wormleysburg, PA 17043, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described, 3, On November 20, 1978, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE LOMAS & NETTLETON CO" which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 653, Page 882, By Assignment of Mortgage, the mortgage was assigned to Plaintiff, which Assignment is lodged for recording, These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g), 4, The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 1999, 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, 6 , The following amounts are due on the mortgage: Principal Balance Interest from 10/ 1/99 through 3/31/00 at 8,250% Per diem interest rate at $6,87 Attorney's Fee at 5% of Principal Balance Late Charges 11/ 1/99- 3/31/00 Monthly late charge amount at $31.86 Costs of suit and Title Search $ 29,972,38 1,257,21 1,498,62 159,30 560,00 $ 33,447,51 169.72 Escrow Balance Deficit Monthly Escrow amount $ $ 33,617,23 7, 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 -. - ~ ""Rt [I Ii I-I I-I I:! i:i 1_-1 '-I ,I I , 1.'1 " I:! Ie! I' " i-I r II Ii 1-: i: 'I I' i: ~ i I " II ~ : ,-j ~-,~ .'" ,,; "--" .-"',~.~1ii;'~_ Sale, If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed, 8, Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant{s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on thedate{s) set forth in the true and correct copy of such notice{s) attached hereto as Exhibit "A", The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $33,617,23, together with interest at the rate of $6,87, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. McKEEVER Jr" Esq, '" -" -,-~ MAY 01 '00 04:58PM P,6/8 VERIFICATION I, , as the representative of the Plaintiff corporation within named do hereby verify that r am authorized to and do make this verificat:ion on behalf of the Plaintiff corporat:ion and the facts set: forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S, 4904 relating to unsworn falsification to authorities, Date: ,~ , / ~~ #6838609442 - SMITH,RICHARD J. ~_J""'__~!_: ~'iw~~ >".,,""""''''''' ~ JI\ 11,1 "', , _~._.._~.'.4IlL I ~', lJr' ... , ,~ '1 ABCO 1915 (., 'SCHE)lJlLE "A" ..J ",- " , :,~o ."! ALL THAT CERTAIN lot or parcel of land situate in the Borough of Wormleysburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a survey by Michael C. D'Angelo, Registered Surveyor, dated October 30,1978 as follows: BEGINNING at a pin on the western line of Front Street, said pin being referenced 116,00 feet south of Market Street; thence extending along the western line of Front Street S 36 degrees, ~~, E a distance of 58.00 feet to a pin at line of premises known as No,212 Front Street; thence extending along same S 53 degrees, 16' 00" W a distance of 150 feet to a pin on the Eastern line of River Alley (20 feet wide); thence extending along same N 36 degrees, 44', 00" W a distance' of 58,00 feet to a pin at' line of premises known as No. 204 Front Street: thence extending along same N 53 degrees, 16',00" E a distance of 150.00 feet to a pin on the western line of Front Street, the place of Beginning, HAVING THEREON ERECTED a two-story aluminum dwelling known and numbered as No, 208 South Front Street. BEING the same premises which Frank H. Long and Elizabeth S. Long, his wife, by Indenture bearing date the day of A.D., 1978, and intended to be forthwith recorded at Carlisle, granted and conveyed unto Richard J. Smith and Dianne K. Smith, his wife, as tenants by entireties. THIS MORTGAGE IS intended to be a purchase money Mortgage under the provisions of the Lien Priority Law as amended. AND . --" ~~. - -._~".fi,""'. o o PQI I I 'irS sUo '." ' ~ATIONWIOE MORTGAGE PO, Box 9481 Gaithersburg, MO 20898-9481 January 26, 2000 Certified Mail RICHARD J SMITH 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 &JcHIBIT A RE: Loan Number 6838609442 Dear Mortgagor: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour 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 helD to save your home, This notice explains how the orof?l1Ull works, To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this notice with vou when vou meet with the cOlUlseling agencv. The name. address, and phone number of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. Ifvou have anv auestions. YOU mav call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397, (persons with imoaired 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 any attorney in your area, The local bar association may be able to help you fmd a lawyer. 5280 Corporate Drive, Frederick, MD 21703 . . - ~~ ~--,~"!'--=._-~ o o .1ST ,.' NATIONWIDE , , MORTGAGE ro, Box 94Bl ~g~22fi~~81 Loan No, 6838609442 Page 2 PA Act 91 La notificacion en adjunto es de suma iniportancia, pues afecta su derecho a continuar viviendo en su casa, Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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, Date: January 26, 2000 Homeowner's Name: RICHARD J SMITH Property Address: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 Loan Account Number: 6838609442 Original Lender: LOMAS & NETTLETON CO. Current Lender/Servicer: First Nationwide Mortgage Corporation 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY 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 designated consumer credit counseling agencies listed at the end of this Notice, 5280 Corporate Drive, Frederick, MD 21703 ........ ~:,"'<-".",~;-, c o .1ST . NATIONWIDE MORTGAGE PO, Box 94Bl JQIilJ.W'iYr~ ~4Bl Loan No. 6838609442 Page 3 PA Act 91 THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE TO DATE. TIlE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of the designated consumer credit counseling agencies for 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 immediatelv of your intentions, APPLICATIONS FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see foIlowing 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fiIl out, sign and file completed Homeowners' Emergency Mortgage 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. 5280 Corporate Drive, Frederick, MO 21703 ^--~ - ~""-~I, c o .1ST , NATIONWIDE , MORTGAGE P,O, Box 94B1 .llmM~g4lil :iOOOlill81 Loan No, 6838609442 Page 4 PA Act 91 . . ,. . .... , . .. , ." _ _ .,': :,- r,': \ :,' /,: :,: {,': ',.,' :,',: :,' :,',:'" ",',: :,',- :,'._:,',."" ~",' ',',~..,',',' ~.'.:',',:,~..,','.~.:.~.',.,.,:,'.::,',~,',',','.' ~.',:~.~"..: :,',:.'.' :.' ',',:..,',~,:.~.'.,:.:,',:,',~,',',.,','.:,'.,",',',.:.:::,,:.,:',', ,::::.::,'...::.: :..,....':.',:..,,:.' :,..' ',,:.,.' :.':.:,'.':" ,,',~,-~..,::,' ',:,' ;,' :,',..",,:,~,',,:,' ~,.,t,-\~,: :,t\?:\ ~ ,{ {{:,;:,:. ,: ;,,}: '::::':.;: :,:.:,: - ,-. .... f/':;}?ft/:?Y:{{}::;~:~;':::':::::':::;;:':"'::::' . HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it UD to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 IS SERlOUSL Y IN DEFAULT because: YOU HAVE NOT MADE YOUR MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 1 Months @ 637.12 = 2 Months @ 544.30 = o Months @ 0000,00 = $ 637.12 $1,088.60 $0000.00 Late charges Bad check fees Foreclosure Fees Bankruptcy Fees Other fees Less Suspense balance $ 248.24 $ $ $ $ 42.00 $ TOTAL AMOUNT DUE $2,015,96 AS OF THIS DATE HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of , the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2,015,96, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD, Payments must be made either bv cash. cashier's check. certified check. or money order made pavable and sent to: 5280 Corporate Drive, Frederick. MD 21703 --'%'^'.""",.-,I~ co o .1ST .' NATIONWIDE MORTGAGE EO, Box 9481 ~g~W6tili>.81 Loan~o,6838609442 Page 5 PAAct91 First Nationwide Mortgae:e Corporation 5280 Corporate Drive. Frederick MD 21703 Mailing Address: Dept. 0107 Palatine IL 60055-0107 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this ~otice, the lender intends to exercise its rie:hts 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 vour mortga"ed nrol;lertv. 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 attorneys' fees 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. vou will not be required to pav attorneys' 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 THE 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 ril!ht to cure the default and prevent the sale at any time un to one hour before the Sheriff s Sale. You may do so bv paving the total amount then past due. plus anv late or other chare:es then due. reasonable attorneys' fees and cost connected with the foreclosure sale and other cost connected with the Sheriffs Sale as specified in writine: bv the lender and bv the performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date ofthis Notice. A notice of the actual date of the Sheriffs Sale will be 5280 Corporate Drive, frederick, MO 21703 ~-- -. ~--"l;c,~ o o .1ST '. NATIONWIDE . MORTGAGE ro, Box 9481 JOO~'iIiIIiI~81 Loan No. 6838609442 Page 6 PAAct91 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: First Nationwide Mortl!al!e Corporation 5280 Corporate Drive Frederick MD 21703 Department 252 1-800-888"5002 EFFECT OF THE SHERIFF'S SALE - You should realize that the Sheriff's sale will end I 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, UPON OUR CONSENT may 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 TillS DEBT, TO HAVE TillS DEF AUL T 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 DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. . . . . . 52BO Corporate Drive, Frederick, MD 21703 ~~illIIl , , o o Pqil IfS' 3/)' .1ST ", NATIONWIDE MORTGAGE PO, Box 9481 Gaithersbur9, MD 20898,9481 January 26, 2000 Certified Mail DIANNE K SMITH 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 RE: Loan Number 6838609442 1:J(11113/,r .41 Dear Mortgagor: 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 ofthe default is provided in the attached pal!es, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save vour home, This notice explains how the prolp'am works, To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE, Take this notice with you when you meet with the counseling al!ency, The name. address. and phone number ofthe Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice, If vou have any Questions. you may call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397, (Persons with impaired hearing can call 717-780-1869,) This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it, You may also want to contact any attorney in your area, The local bar association may be able to help you find a lawyer. 5280 Corporate Drive, Frederick, MD 21703 - -....-."'~'''' _='>>llIIIlillR o o .'lST ',' NATIONWIDE . MORTGAGE P,O, Box 94B1 JaJmB&iYg;;Mi)~~81 Loan No, 6838609442 Page 2 PAAct91 La notificacion en ad junto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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, Date: January 26, 2000 Homeowner's Name: DIANNE K SMITH Property Address: 208 SFRONT STREET WORMLEYSBURG, PA 17043-1335 Loan Account Number: 6838609442 Original Lender: LOMAS & NETTLETON CO, Current Lender/Servicer: First Nationwide Mortgage Corporation HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A Rlj;ASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYl\iIENTS, 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 time you must arrange and attend a "face-to-face"meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice, 5280 Corporate Drive. Frederick, MD 21703 ~"""","~,,; c o MIST .' NATIONWIDE 1 MORTGAGE EO, Box 9481 J~"'~g~~81 Loan No, 6838609442 Page 3 PAAct91 Tms MEETING MUST OCCUR WITmN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE TO DATE. THE PART OF TmS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREJOIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of the desil!1lated consumer credit counseling agencies for 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 immediatelv of your intentions, APPLICATIONS 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 Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage 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 TmS 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, 5280 Corporate Orive, FrederiCK. MD 21703 I ~ "l~"",,"J"''''- o o "lSf '. , NATIO,' NWIDE MORTGAGE f.O, 80x9481,.,,;;, ')J1 ~9fAA'!:JIl6I!1il~81 Loan~0.6838609442 Page4 PA Act 91 )}{{(,',:,::,'{=:,}})/{::.//'/' :':':'::';":':"':":::"'::"::'.""'::';::":':/":,::::, .;:;.:::;;.;:;;:.;;:,;::;;;:;:;:";:::.~.;::;:;::;::::;;::::::/\/::/,)~/:};/::=:,:::;r({{{\\/:~~:\>\r:i:):tH}(:::.':::;;}:;:::;::,:,;,......... . . HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT. The MORTGAGE debt held by the above lender on your property located at: 208 S FRONT STREET WORMLEYSBURG, PA 17043-1335 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE YOUR MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 1 Months @ 637.12 = 2 Months @ 544.30 = o Months @ 0000,00 = $ 637,12 $1,088.60 $0000,00 Late charges Bad check fees Foreclosure Fees Bankruptcy Fees Other fees Less Suspense balance $ 248,24 $ $ $ $ 42,00 $ TOTAL AMOUNT DUE $2,015.96 AS OF THIS DATE HOW TO CURE THE DEF~UL T - You may cure the default within THIRTY (30) DAYS of the date of this notice BYPAflNG THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2,015,96, PLUS ANY MORTGAGE PAYMENTS ANDLATE CHARGES WHICH BECOME DUE DURING THE TlllRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check. certified check. or monev order made pavable and sent to: 5280 Corporate Drive, frederick, MO 21703 . - _ ,~~ ~ ~. "-C'_~[ o o . .1ST - NATIONWIDE . MORlGAGE )',0, Box 94B~& l\fi Jgm~r!Jf<1'Il; ~00lI.\h81 Loan No, 6838609442 Page 5 PAAct 91 First Nationwide Morh!al!e COrDoration 5280 Corporate Drive. Frederick MD 21703 Mailinl! Address: Dent. 0107 Palatine IL 60055-0107 IF YOU DO NOT CURE THE DEFAULT - Jfyou do not cure the default within TillRTY (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 jrnmediately and you may lose the chance to pay the mortgage in monthly installments, Jf full payment of the total amount past due is not made within TillRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortl:al!ed pro(lerty. 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 attorneys' fees 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 (laY attorneys' 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 THE SHERIFF'S SALE - Jfyou have not cured the default within the TH:JRTY (30) DAY period and foreclosure proceedings have begun, vou 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 bv paving the total amount then past due. plus any late or other charl!es then due. reasonable attornevs' fees and cost connected with the foreclosure sale and other cost connected with the Sheriff s Sale as specified in writing by the lender and bv the performinganv other requirements under the mortgag:e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be 5280 Corporate Drive, Frederick, MD 21703 ~ ~,"",", -~<~, ~"'~"''''- o o .1ST , NATIONWIDE MORTGAGE PO, Box 94B1 JWilMmI~ ~.@4Bl Loan No. 6838609442 Page 6 PA Act 91 sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender, HOW TO CONTACT THE LENDER: First Nationwide Mortl!al!e Corooration 5280 COl1lorate Drive Frederick MD21703 Department 252 1-800-888-5002 EFFECT OF THE SHERIFF'S SALE - You should realize that the 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. I:: ASSUMPTION OF MORTGAGE ;'Y ou, UPON OUR CONSENT may sell or transfer your home toa buyer or transferee V,fho will assume the mortgage debt, provided that all the outstanding payments, charges 'lInd.attorney' s fees an~ costs are paid prior to or at the sale and that the other requirements of the II!-ortgage are satisfied, i ~ i YOU MAY ALSO HAVE THE RIGHT: '*- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEYFROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, TO HA VB THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSillT 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, * * * * . 5280 Corporate Orive, Frederick, MO 21703 ,~'''-'~ > i~ ,-~ mf}j>i1i~Ji.~''1!-f1ilHIi!.li'I~~~,>l!ii!lI;M~~,@.Jdf:<!''h'W'';;"",~~' ,~"' =. .~"~"'"~>~'.;,,-~~"'.'"" i~ 'WI ~~ ~ (,..J rSJ w ~Bl ,)0/- ~ 71.- lffsSD ;jlM ~" ,) ~ ~ !0 ~ ~ 68~ , I c. ~~ $ "= ~. () c <" urn min ~;!} Us.'c. -<::;:: ~::C:l 2c) ;;;;~C) .J--c. Z --; --< <:) C:) :Jl: "'" -< o -q :..::! ,iC-11 ." 'r ::;~.p:; i:5 r ------ic) -~?;q ()fll '" :D -< :v .S;; ~, :::> (,0 8 I I I , I I I, " I: d i 1-" ~:1Ji ~ ... GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation BY: JOSEPH A. GOLDBECK, JR. Attorney I,D, #16132 Suite 500 - The Bourse Bldg, 111 Independence Mall East Philadelphia, PA 19106 (215) 627-1322 FIRST NATIONWIDE MORTGAGE Attorney for Plaintiff, FIRST NATIONWIDE MORTGAGE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs, Richard J, Smith Dianne K, Smith 208 S, Front Street Lemoyne, PA 17043 No, 2000-02951 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case discontinued and ended upon payment of. yqur ,costs only. JR, . -, .< , ~ - , ~--~, -"-I II ~1.:_-.nITt?l!l/J. .,1 "~~ ~"'~ llllilliiiiilililillllidlJlld-~'-. ~;a~~~ ""JIll >- '-') ~ rr' ;< CO Z n 8 6~ UJ--=:. ~lf~ ;:c C-)z ~J_." - ,.~ '-<( , . C}~ '.~ ~ c.:-) Ln -~:7(j) U,} l .)z e::::: c;:;z .'_1-_ uJW ~ wa.. ::JC ::E ~=s C'J :::::> c- o .... .. - -.< ~" ,_'_..,,-_.J- DL __,..,_".'," .; ~- . -.,. - -.,-. ~"~ ,~ --.ft(~