Loading...
HomeMy WebLinkAbout97-01630 ~ ~J p It ...() oJ!. Q CJ . cj .... ~ :t . ~ .'" ~ \. i :i '" ~ ~ "t II 1 " ., :j ..;;, ,'.? ~ ~~ ,,'; '~,:; ~ , " ".: i! ., - :~~; ;:j ',1 .-;,;~ :jl ':'31 .., .n . -,':. ~ .,!:l ;::} , ,1 ;'!:l , ;l .t. ."'] -,-; I 1 " .~~.~ .' " , '" " , iJ. ..,,,' <~ 1 t) . " .~ ;, ., "'"; ., .' '(j '>' 1 .' ~ , - ,', . . :) ~ ~ ....)" .........: . ~ . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 17. /6 3:) /tuju~1Y1 FORD CONSUMER DISCOUNT COMPANY,: PLAINTIFF VS. FRANK D. COLEBAUGH, DEFENDANT . . . . CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice 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. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone (717)240-6200 NOT I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. FORD CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. . . FRANK D. COLEBAUGH, . . . . CIVIL ACTION - LAW MORTGAGE FORECLOSURE DEFENDANT THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff FORD CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO;1'/430 C;,.../~'---- VS. FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, FORD CONSUMER DISCOUNT COMPANY, is a corporation with an office at 11311 Cornell Park Drive, Cincinnati, Ohio 45242. 2. Defendant, FRANK D. COLEBAUGH, is an adult individual whose last known residence is 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008. 3. On or about December 22, 1995, Defendant executed and delivered a Mortgage Note in the sum of $39,342.28 payable to FORD CONSUMER DISCOUNT COMPANY, (original mortgagee), a copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1297, page 102, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008, and is more particularly described in Exhibit "B" attached hereto. , I I ! I II ,I i I , 6. Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $13.68 per day from 10/1/96 to 4/1/97 (based on rate of 12.75%) $ 39,181.00 $ 2,462.40 (c) 5% Attorney's commission TOTAL 1.959.05 $ 43,602.45 * *Together with interest at the per diem rate noted in (b) above after April 1, 1997, and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "CO. 'I" . ':..J: {' '!' NOTE , 'C ,;,j, , ,~, f I I " LENOER fORO CONSUMER OlseUU1I1 eOMP/1I1 mo lIUMIM DRIVE SUIIE 101 DENSILEM, P' 1002R.20J1 BORROWER FRANK D. COUOAUGII .. ! .' 14 liI[Sl11SaURN nOlO DOlfHANSOAlE PA 1700B , ,. 1"IIIKII'Al .:~:. ].'';' 12122195 $ J9,]42.28 ii' 'I,' 'm.' .nd 'my' "lor " ,hI b.n,w"I'1 n.mld lb.". 'Vou' Ind 'y.u,' ..r.. 10 ,hll.nd.. nlm.d .b..., ;~ REPAYMENT I proml.. 10 pay you. I' your 0111/::1, the add,... of which I. .hown .bo..... d. a' . dlll.,.nl PI'~ ..qui/ad by you. th. Principal ttlt.d .bo.... tog.thar with IntuII' c:alcultt.d .t the Aor..d nit, lnt.,..t .. datarmined b.low until fully paid. .~, lOAN MV lOIn i. payabla in full II thl and 01 15 yur(.). A plymtnl 0' S amount. owed will ba due and Plyab'j;"""Oii' th. Final Paym.nt O.ta MOf10lOlll Transaction Parity Act of 190200'1110' thit loan. a JO.601.!l7 Ind.no1fiir .hown abov.. Th. AlI.mi',};. , " ~T I will 'tplY my lOIn by Inaltino . paym'ilt IV'ry monlh. , [ach Pllym.nt I m.... will bl .ppli.d finllo int.r..t ow.d to Ih. dal. at paym.nl .nd th. r.maind.r: 0 Ihl principal balanc.. ' r.ym.nl(') In Ih. .mounll.) .hown b.low will b. due II .hown b.low. AMOUNT ~UE OATEIS) $ "35.10 B.oinning 02101/96 $ .u5.IO O.ginning 03/01/tl6 $ .00 B.ginning S .00 B.ginning $ 30.601.51 01101/11 All .mounll ow.d will b. due .nd p.y.bl. on the Final Paym.nt Dal. .hown .bov.. o 1/ this box II cll.chd, ,he (ollowingproviJion .ppli.s. AGREED nATE Tho Ag".d Ral. ollnl."., on myloan la '2.750 OF INTEREST 'If. uc.pl '1 11.I.d b.low. From the Ifl.cdv. dAt.[.) ahown b.low and for 01 Inl.,..1 on my lOin will b.: monthl Ih.,..h.r, th. Agr,,' ~~ " , .ti ~ o If Ihl. box I. ch.chd, ,h. following provision .ppli... AGREED RATE OF INTEREST EFFECTIVE OATE " " " B.ginnlng 12128/95 B.ginnlno B.ginning Th.n Ih. Aor..d nal. ollnlllr'll will b. Ihal firat.tal.d .bovl. r ", t DEFAULT I aorltO 10 p,y inlll..t on th. principII balane. remlinino IIt.r the Matu,iry Dal. .hown abOvt"I' the AOfUd nat. ollnl""1 in .Il.cl on that dal.. untillh. loan i. p.id in lull. . I willli. in d.laull i111.il to pay Iny paym.n' or pin of I Plym.nt on time 0' if I ,.ilto compty with .ny olth. I.rm. of Ih. Mortglg. on Ih. ,..1 IIlat. giv.n II ..euriry for this lOin. II I L1.llult. you hlv, Ih. riohl to d.c111. th. .ntif' unpaid Imounl of my lOin imm.dilt.!y du. .nd pay.bl. without Oivino m. nOlie. Cof the d.fault or ukino m. 10 ply. If Ihi. Nol. i. ..cur.d by I mobil. hOIn'. I will b. giv.n . nolil,;' 01 my ,ighllO cur. I d.I.ull if I am .ntitl.d 10 thi. notie'.1I you d.dar.th. blllanc. 01 my loan due and p.yabl.. you hlv, Ih. riohll Ind "m.di.. p,ovid.d for In th. MortoaOI that ..cur.. Ihi.loln.lncluding Ih. ,lOhllO r.quir. m. 10 pay Iny d.fiei.r,cy. /:11118 IT 1,It 'I Pooo 1 of 2 NOTICE: 500 odditlon.1 P'Do, lor .ddltlon.llo.n lorm.. PA200001G ~11.OOlllil!i!mijl!l!lmi!lHi!I!i~;liH!ii!!!i)milili!!m!!I!'liHuWmi!iii!iiiii!jiijlll!i!iii[!iiliililll!miliiill;lj!iiii!'i!~iiii!i',,H;i!i;iii;i'i\!iii'!i'i;iiiiijijljjll!!lil\iiliiiiUi:illlI ",nili .::/,;:";:!'/i!!:'!i!ii,.HI!!r:!i!i!i~!,/!i:W!;I;;+iiY'!:Y:i"}i;;i;::"';:;;'liiii::!":;';"';if'T!ii!::iiiji:;':C'v::!:i"i!'i"::\"'(','i'.".... i'.' '" " iniii!!',!"",' i' :!I, , ..... ALL TIlA'l' CERTAIN tract OL' parcel of land aituate in the Village of 130wmanadale. 'l'ownuhip of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described au follows: DEOINNINO at a corner of: (,at No, ,,' dud the publ1c road known as Llaburn Hoad (formerly referred to as Weat Street); thence by Bald Street known an the I.inburu Hoad, South 72 degrees Weut forty (40) feet to Lot No.9; thence by aaid Lot, North 1n degrees Weat. one hundred fifty (150) feet to Summit Alley; thence by Bald Alley, North 72 degrecn Rant. forty (40) feet to . Lot No, 'I. aforemcntioned; thencc by uald Lot No, 7, South 10 degrees Eaat, one hundred fifty (150) (eet to the point and place of BEGINNING, HAVING thereon erected a single family dwelling house. . . bOOK 1297 PACE 1o.t /:::'-jHl!;IT '13 II 01/13/97 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Ford Consumer Finance 11311 Cornall Park Drive, Suite 300 Cincinnati, OH 45242 TO: Frank Colebaugh 14 West Lisburn Rd Bowansdale. PA 17008 The MORTGAGE held by Ford Consumer Finance. Co" Inc. (Hereinafter "we". "us" or "ours") on your property located at 14 West Lisburn Rd, Bowansdale, PA 17008 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 11/01/96, 12/01/96, 01/01/97. Late charges (and other charges) have also accried to this date in the amount of $1144.77. The total amount now. required to cure this default. or in other words. geE caught up in your payments as of the date of this letter is $1304,70. You may cure this default within THIRTY (3D) DAYS of the date of this letter, by oaying us the above amount if $1304.70, plus any additional monthly paJ'1l1ents and late charg9s which may fall due during this period. Such payment must be made either by cash, cashier's check. certified check or money order to: FORD CONSUMER FINANCE CO, INC, 11311 CORNELL PARK DRIVE, SUITE 300 CINCINNATI. OH 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments, If full payment of the amount of default is not made within THIRTY (30) DAYS. we also ir>tend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they design legal proceedings against you. you will still have to pay the reasonable attorney's fees even if they are over $50,00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs, If you cure the default within the thirty-day period. you will not be required topay attorney's fees. We may also sue you personally for the unpaid prinicpal I~.~. (I b/f/t3lr C/ : I ,I tI I I , I I' , balance and all other sums due ~~der the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortga~e requirements to be cured , other than a default ~n payments). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 07/13/97. A notice of the date of the Sheriff's sale would be sent to you be fore the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200. This payment must be made in cash, cashiers check, certified check or money order and payable co the address stated above. You should- realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. You do not have the right to transfer the property to another person subject to the Mortgage, nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three times in any calender year. FORD CONSUMER FINANCE CO., INC. BY: Dave Mcneal Please call 1-800-753-3673 for information regarding home owner~hip counseling agencies near your home. Such agenc~es may be able to provide you with important information in connection with your mortgage loan. If you want to discuss your account wi th us, please call the number listed above. 01/13/97 ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If ~ou need more information, call the Pennsylvania Hous~ng Finance Agency at 1-800-342-2397. La notification en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende e1 contendio de esta notificacion abtenga una traduccion-immediamente 11aman esta agencia (Pennsylvania Housing Finance Agency) sin cargo a1 numero mencionado arriba. puedes ser e1egib1e para un prestamo por e1 programa 11amado "Homeowner's Emergency Mortgage Assistance prorgam" e1 cua1 puede salva su casa de 1a perdida del derecho a remdimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. MORTGAGE DATE: ACCOUNT#: TO: 01/13/97 03375386-0359816 Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 PROPERTY ADDRESS: 14 West Lisburn Rd Bowansdale, PA 17008 FROM: Dave Mcneal Ford Consumer Finance Compan~, Inc. 11311 Cornell Park Drive, Su~te 300 Cincinnati, OH 45242 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Assistance Act Page 2 of 1983 (the "Act"). You may be eligible for emergency for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet eligibility requ~rements established br the Pennsylvania Housing Finance Agency. Please read al of this Notice. It contains an explanation of your rights under the Act, you are entitled to a temporary stay of foreclosure on your mort~age for thirty (30) days from the date of the Not~ce. Durlng that time you have the ri9ht to arrange a "face-to-face" meeting with a representat~ve of this le~der, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt is to attempt to work out a repayment plan, or to otherwise settle your delinquency. The meeting must occur in the next thirty (30) days. If you int-end a "face-to-face" meeting with this lender, or with a consumer credit counselin~ agency identified is this notice, no further proceed~ngs in the mortgage foreclosure may take place for thirty (30) days after the date after the date of that meet~ng. The name, and telephone number of our representative is: Dave Mcneal Ford Consumer Finance Compan~, Inc. 11311 Cornell Park Drive, Su~te 300 Cincinnati, OH 45242 (513) 530-2200 The names and addresses of the designated consumer credit counseling agencies are shown on the attached sheet. It is only necessar~ to schedule one "face-to-face" meeting. You should adv~se this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total of the delinquency is $1304.70. This sum includes the following: PAYMENTS OF $435.10 FOR THE MONTHS OF 11/01/96, 12/01/96, 01/01/97 If you have tried and are unable to resolve this problem at or after your "face-to-face" meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of Page 3 the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit c~unseling agency. The consumer credit counseling agency will assist you in filling out ~our application and will submit your completed appl~cation to the Pennsylvania Housin~ Finance Agency. It must be filed or post-marked with~n thirty days (30) days of your "face-to-face" meeting. It is extremely important that your file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria ~Btablished by the Act. It is extremely important that your application is accurate and complete in every respect. 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 that Agency of its' decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front St/P.O. Box 8029/Harrisburg PA 17105. The telephone number is (717) 780-3800 or 1-800-342-23897 (toll-free number) . Persons with impaired hearing may call --800-342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Sincerely, Dave Mcneal FORD CONSUMER FINANCE, CO., INC. Enclosure CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ford Consumer Finance Co., Inc. 11311 Cornell Park Drive, Suite 400 Cincinnati, Ohio 45242 II , \. i I ! I i I , i i I I I i NOTICE OF INTENTION TO FORECLOSE MORTGAGE April 5, 1996 TO: Frank Colebaugh 14 Wesl Lisburn Rd. Bowmansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance. Co., Inc. (Hereinafter "we", "us' or "ours") on your property located at 14 West Lisburn Rd. IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 2/1196, 3/1196,4/1196, and/or because N/A. Late charges {and other charges} have also accrued to this date in the amount of $1,305.30. the tolal amount now required to cure this default, or in olher words, get caught up in your payments as of lhe date of this lelter. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,305.30, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made to: FORD CONSUMER FINANCE CO., INC. 11311 CORNELL PARK DRIVE, SUITE 400 CINCINNATI, OHIO 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payment~. This means lhat whatever is owing on the original amount borrowed will be considered due immedialely and you may lose the chance 10 payoff the original mortgage in monthly installments. If full payment of the amount of default is not made wilhin THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case 10 our anorneys, but you cure the defaull before they design legal proceedings against you, you will still have to pay lhe reasonable anorney's fees. aClually incurred, up 10 $50.00. However, if legal proceedings arc slarted against you, you will have to pay the reJsonable anorney's fees even if they are over $50.00. Any anorney's fees will be added 10 whatever you owe us, which may also include our reasonable COSIS. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpnld monthly payments plus late or other charges then due, as well as the reasonnble nltorney's fees and costs connected with the foreclosure snle and (statc any dcfault in mortgagc rcquiremcnts 10 bc curcd, olhcr thnn a dcfnult in paymcnts) lliA. It is cstimatcd thaI the carliCSl dntc that such a Sheriff's sale could be held would bc lIpproximatcly October 5, 1996. ^ noticc of thc datc of lhc Sheriff's salc would bc scnt 10 you bcforc thc salc. Of coursc, lhc amount nceded to curc thc dcfault will incrcasc lhc longcr you wait. You may find out at any limc exactly what thc requircd payment will bc by clllling us at the following number: 513-530-2200. This payment must bc in cash, cashicrs check, ccrtified check or money ordcr and made (T.Iyable to the address stated above. I You should realize that a Sheriff's salc will cnd your ownership of the mortgaged propcrty and your right to remain in it. If you continue to Iivc in thc property after lhe Shcriff's sale, a lawsuit could be started to evict you. You have additional righls to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. You do not have the right to transfer the property to another person subject to the Mortgage, nor would any transfcree have the right to curc the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However you are not entitled to this right to cure your default more than three times in any calendar year. - Ford Consumer Finance Co., Inc. By: Greg Kunkel Plcasc call 1-800-753-3673 for informal ion regarding homc ownership counseling agencies near your homc. Such agencics may bc able to providc you with important information in conneclion with your mortgagc loan. If you want to discuss your account Wilh Ford Consumcr Finance Co., Inc., pi case call thc office idcntified above. ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thc Commonwcalth of Pennsylvania's Homcowner's Emergcncy Mortgage Assistance Program may be able to help you. Read the following notice 10 lind out how the program works. 2397. If you need more informalion call the Pennsylvania Housing Finance Agency at 1-800-342- La notilication cn adjunlo es de suma importancia, pues afecla su derecho a conlinuar viviendo en su casa. Si no comprende cl contenido de csta nOlilicacion ablenga una traducci6n inunediamentc lIaman cSla agencia (Pennsylvania Housing Finance Agency) sin cargo al numero meneionado arriba. Puedcs ser elegible para un preslamo por el programa lIamado "Homeowner's Emergency Morgage Assistance Program" cl cual puede salva su casa de la pcrdida del derecho a redimir su hipoleca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. DATE: April 5, 1996 RE: ACCOUNT II: 033753860359816 TO: Frank Colebaugh 14 WeSl Lisburn Rd. Bowmansdalc, PA 17008 FROM: Ford Consumer Finance Company, Inc. 11311 Cornell Park Drivc Suite 300 Cincinnati, Ohio 45242 Greg Kunkel You may be eligible for financial assistance tltat will prcvcnt foreclosure on your mortgage if you comply wilh lhe provisions of the Homeowner's Emergency Mortgage Ass is lance Act of 1983 (the" Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances bcyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet the eligibility requirements eSlablished by the Pennsylvania Housing Finance Agency. Pleuse read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary slay of foreclosure on your mortgage for thiny (30) days from the date of this NOlice. During that time you have the right to arrange a "face-to- face" meeting with a representative of this lender, or wilh a designated consumer credit counseling agency. The purpose of that meeting is to auempt to work out a repayment plan, or to otherwise seule your delinquency. This meeting must occur In the next thirty (30) days. If you auend a face-to-face meeting wilh this lender, or with a consumer eredit counseling agency identified in this notice, no fun her proceedings in mortgage foreclosure may lake place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Greg Kunkel Ford Consumer Finance Company. Inc. t 1311 Cornell Park Drive Suite 300 Cincinnati, Ohio 45242 (513) 530-2200 The names and addresses of designated consumer credit counseling agencies are shown on the auached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender inunediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interesl, as required, for a period of at least sixly (60) days. The total of the delinquency is $t,305.30. That sum includes the following: Pavments of $435.10 for the month.~ of2/1/96. 3/1196. 4/1/96. If you have tried and are unable to resolve this problem al or after your face-to-face meeting. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies lis led on the atlachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. It must be filed or post-marked within thirty (30) days of your face-to-face meeting. It is extremely importalll that you jile your application promptly. If you do not do so or if you do //ot follow the other time periods set forth ifl this letter, foreclosure may proceed agaimt your home immediately. A vailable funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of it's decision on your application. . The Pennsylvania Housing Finance Agency is located at 2101 Nonh Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone number (717) 780-3800 or 1-800-342-2397 (toll-free number). Persons wilh impaired hearing can call 1-800.342.2397. In addilion you may receive another notice fromlhis lender under Ael 6 of 1974. That notice is called a "Notice of Intention to Foreclosure". You must read bOlh notices, since they bOlh explain righls that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, FORD CONSUMER FINANCE COMPANY, INC. Enclosure By: Greg Kunkel CERTIFIED MAIL, RETURN RECEIPT REQUESTED COMPANY NAME: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: s/Io/{n By /la.LI;d 0 (lA.eut.LuJ/ (/ Title)."-t,,,,.I:G.,,t.,:t, (''/);iT/t.o.l. .f;"o/.d.lA:t I,' ,'"I" Illj,.' \",'" ; t '~, I i - ~ 1 [I ! ; i ' c ,\' 1< III Cll:1 fj' IrJ',-.' ~:;', 1 el1\ III i") Ill, 1 : ' :; t ~', 'r'! '.' ,,, !: r Ii : 'I!"ll':'!"llillll I' Fllnt'j I! :t:. ;:!:~ I': !'!' ,1_-11110:" 'I i ",' i,,:', ,;111.1-:1\,\'11;/1 I-T.MH I' .Ji.:..-Ib:s.~ .~~__1'~Ll~~'':,__._ C,tF.'r 1.1. f, ...110 Li-31fi,"J 'jlJly ;~'WI)l-n ')r:CfJrdlrlC] t- () 1 a w . ,,- '.' .' ._, I h _.1 t h.:' Hi :;"Fj 1_:", "J d 1 1 1- n.? n . "C: t:';J r r_~ h i1 ft dIn q \J 1 r:; f (J I" t. h.::, W 1 t. h i n nar;1f::d d,,'1'c'nd ',I. t +- (.' wIt: _i_:L~~.I-:B;\U~:lH j-TUdH; !,; but .....-:l~"' ';rl.:lblc' t -. l'~)':::'Jt_,:::, _Ji~~_ In hi.." billll\;lcl:. II... 1.tll:"rt_-=>for(? l',.:."t.urns thf? CU:1Pl,,\f!lr 11,'Lr F')I.Y tj')Tro: IJIlT 1'1.11 ~IU;,-- ~L-:' l.r:o t.h.:' ''''If.hln n'"llil,;'d dr,'lt?lld.jnt. (:t) 1.:.1': p, r'0~iJLJ:' :: !l.!.l!S_~ 1-.'_________ ...____.__..,__ -.-.--.- ..- --- D 1':l::.I~_~~Ll~_Ji~~J~CI F: \.1 t.... EJ~.IJEi_.ALJ~L~fi'iL;_~- __!~Y.l~~-!^.LLt:::":~"...t2..~:L.L!'- V r~ ~)l J ~-~ 1':~~__~.!.l!~i_~__.r.J.'_J~L~~~~__.l,.I.II,-i f'~~_ .r.jY~+: !' r~i:2X U~.___L!J~:_~l~_~.~__~____,~_.______ ~~ 11 1':' I" J !' 1 . ::;-; '~'':I, [Ice I';,~' t t fIn ~';C'I' \' 1 '~'; . Ai! ::.;:1;]'0- 1 ,_ ~-:\1 1'1: h:J J '.J;~' tfl..f.\l,) '.1 .1' .1,71('1 '.}',', ::;('1 ~jr~~~":":(y;~.~~,,/,_ . __._;_//:>. r- /(,~;::~.!!~::-:-::-:::~ ,;~~ ,1,',r;1'J:: ", L 1 Ii'':', ::':1','1' 111 -j'-.~- ; t..'!;1."LI , ; j' ~ . . i: :.:11(,) li/~:..~"Lh ~i\lllJ' fl ':ll; d .- \: ,I ',- 1'.11'_:,:; J1~ Op~ 1'; q7 q~~,0.. ,~,~~ A...Q~. . (17 FORD CONSUMER DISCOUNT COMPANY,: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. C) 7 . J/tJ.'./) ~;j-..YtJ~,., FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice 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. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOl'C:;E CARLISLE, PA 17013 Telephone (717)240-6200 NOT I C I A Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. FORD CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. FRANK D. COLEBAUGH, . . CIVIL ACTION - LAW MORTGAGE FORECLOSURE DEFENDANT THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: \ , I I l The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) clay period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff FORD CONSUMER DISCOUNT COMPANY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. . . FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, FORD CONSUMER DISCOUNT COMPANY, is a corporation with an office at 11311 Cornell Park Drive, Cincinnati, Ohio 45242. 2. Defendant, FRANK D. COLE BAUGH , is an adult individual whose last known residence is 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008. 3. On or about December 22, 1995, Defendant executed and delivered a Mortgage Note in the sum of $39,342.28 payable to FORD CONSUMER DISCOUNT COMPANY, (original mortgagee), a copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1297, page 102, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008, and is more particularly described in Exhibit "B" attached hereto. 6. Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $13.68 per day from 10/1/96 to 4/1/97 (based on rate of 12.75%) $ 39,181.00 $ 2,462.40 (c) 5% Attorney's commission TOTAL 1.959.05 $ 43,602.45 * *Together with interest at the per diem rate noted in (b) above after April 1, 1997, and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment haB been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "C". 1Pf1& 1/ ~/t '~I.. .j: .,. ., :-'{ :;-~ t NOTE .~l. .1 ., :~i 'I DORROWER rRAHt: D. COl(OlUCII lENOER rOnD CONSUMER OISCOUHl COMPAllY mo IIllMAH ORm SUII[ 101 O(HSAL[H, r.. 19010-10]1 r...."''' 11121/0S U w[S1 t1SUU"H nOlO DO'lHAHSDll( rA 1100B , ., ,;U:'U'I.18 REPAYMENT 'I,' 'm" Ind 'my' ,.1., 10 the bOllowlll_' nlm,d abov.. 'You' .nd 'YOUI' ,.1., 10 lh. Ilnd., n.mld .bo'l', AGREED RATE OF INTEREST DEFAULT 'I r&700067G I Ploml.. 10 pi" you. I' YOUf ellice, th. .dd,... 01 which I. thown abov.. Of I' . dill.'ln' pl.ce 11 'Iquilld bV you, Ih, PrincipII Illlld .bov. logllh" wilh lnl.,.., c;.Iculll,d .t thl Agrud ni"1 0 Inl"..,u del'lInin,1I below until fully reid. I wIIII.pI., my lOin IIV m.ldno , plymlnt ."...., monlh. , hch paymlntl mlk, wIll b, Ippl..d 'lflt to inl.,.., ow.d 10 ,h, dale 01 pl\,m'nt and lhl Jlmalnd., th, principal bllane.. .., r.ymanll'lln lha .mounll.1 .hown b.low will b. due u .hown balow, AMOUNT DUE DAlllSI $ U!l.IO Olginning 02/01/98 $ U5.IO nlginning OJ/01/9a $ .00 Olginning $ ,00 Olginning $ 30.601.!!1 01101111 All .mounll ow.d will bl due Ind pIVlbl1 on ,h. Final P'Vm.nl O.la Ihown Iboy.. o I 30,601.51 and.Uo~r Ihown aboy.. Ihl ^,llrri"~ J I.': I~I ",his box IJ cll.d.d, I1,.lolfowlng prOVIsion ~pp/Ju My lOIn il PIVlbl1 in lull .1 the Ind 01 15 ytlr(.) A plymlnl 01 S amounl. OWld Will bl due Ind p.yabilOri ,h. Finll Plymlnl Dill Mortglgt Tllnllelion I)a,ity Act of 1982 go,,"nl Ihillo.n, Iho Ag".d na'l ollnl.rtst on my lOin 11 12.750 % &le.pt II Itat.d b.low, o 1/ this bale i, ch,chd. fh,lell/owing provision .ppll., I', )' monlhl lhlrtllt.,. the Ao"i Itii From lhl .U.cli"l dallll) Ihown bllow and lor of Inl"ut on my loin will bl: AGREED RATE OF INTEREST EFFECTIVE DATE " " " Olginning 12128/95 Olginning Olginning Ih.n Ih. Agrttd nit. olln1l'I.1 will bl Ih.t li"t Itlt,d .bo"l. r 110'" 10 PlY Inllrtst on 1hl principal b.lancl remaining .flll lh. Maturity Oal. Ihown abovt -1\ the Agr..d nl1l 01 Intllulln IU'Ct on th.t dall. until thlloln It p.id In full. "~i. I will bl In dll.ult ill hil to PlY .ny plymlnt or put of . plymlnt on time 01 ill fail to comply with tny ollhl tllmt 01 the MO"gIQI on the IIal ..l.tl gi"ln II ..cutity lot \hlllo.n. II I d.fault. you ha"l lhl fiO'" to d.cllll Ih. Inli,1 unplid .mount 01 my lo.n immldi.t.1y dUI tnd pay.ble wilhout giying mt noliCt (If thl d,laull Of uking m. to pay. IIlhl. Noll It ..culld by a mobila homl.1 will bl gi".n . nolle' 01 my fight to CUll. d.llull il I am enlitl.d 10 this nolicI, II you dad." \ha balanel 01 my lOin dUI and pay.bll. you hl"l thl flgh" and IImldiu provid.d 10f in \hI MoItO_g, that lIeutu Ihi.loan. Including thl right 10 "quif. me 10 P'Y Iny dlficl,ncy. Pouo 1 01 2 NOTICE: 500 oddltlonol pOOO' for oddltlon.llo.n torml. I ',. " " \, ' . I -) I r: . ATTOnNEY FEES pnEPAYMENT DAD CIlECK CIlAAGE I .0'" to pay ,..,anabl. anomay'. f... il 'hi. Noll i. ,.,.".d lareaU,clioR to an al1om.y who I. nOI your ..I.,i,d amployeo. I have th. ,ighllO PlY In .d....nc. II tny tim..1l1 pr.pay in full. no pin chhalo.n I.. will b. ,.fund.d. II any chick or intllUmlnt glvln II plymant on 1hi. Ind.bladn... i. d.,honor.d.l.g'" 10 pa.,. . ItMot chltg. 01 $20.00. I , DELAY IN ENFOnCEMENT You can dalay Inforcing your flgh1l und., Ihi. Noll whhoul 10 ling thlm. III dal.ult In complying wilt any 011h. 'I,m 1 01 my lOin Ind you do nol dlcla,. ,hi lOin ba'lncIlmmaditlalv due and pay_bla. thh do.. not mun you cannot do 10 in thl tulur. ill dlllult 1011n. I Oiv. you. Marlo.g. d.t.d thl 11m' dall II Ihl, Nol. to ..,u,. plymant 01 my lOin. SECURITY FOnTlIIS lOAN Th. fed.,,1 Otpotitory In'liMion. Ol"gulllion Ind Monlllry Conlrol Acl of \980 QO"lrnl elrtlln provl.ion. 01 \hI. lOIn. DY SIGNING IN TIlE SI'ACE BELOW. I ACKNOWlEDGE ntAT I HAVE nECEIVED A FUllY COMPLETED COPY OF TIll' NOTE. f/ ~~w"n... rHAh1:~ D. cta~ I:?b-~ Dou Wlln... D.. r Pooo 2 of 2 NOTICE: 500 additional paool for additIonal loan tarml. . 1\LL TH1\T CERT1\IN tract OL- parcel of land situate ill the Village of Bowmansdale, 'l'ownuhip of Upper 1\llen, County of Cumberland and State of Pennsylvania, bounded ancl deocribed au follows: BEGINNING at a corner of: [.ot No. ., 'and the public road known as Lisburn [load (rormerly ref:erred to as Weot Street); thence by said Street known au the [..lobul'll [load, South 72 degrees Weut rorty (40) reet to Lot No.9; thence by said Lot, North 10 degrees West, one hundred fifty (150) feet to Summit 1\lley; thence by said 1\lley, North 72 degreeo gast, forty (40) feet to . Lot No, 7, aforementioned; thence by unid Lot No.7, South 10 degrees East, one hundred Ufty (150) feet to the point and place of BEGINNING. HAVING thereon erected a single family dwelling house. bOOK 1297 PACE 10.1 1::--/11/6/7 Ifj 1/ .. "' 01/13/97 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Ford Consumer Finance 11311 Cornall Park Drive, Suite 300 Cincinnati, OH 45242 TO: Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 The MORTGAGE. held by Ford Consumer Finance, Co., Inc. (Hereinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd, Bowansdale, PA 17008 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 11/01/96, 12/01/96, 01/01/97. Late charges (and other charges) have also accried to this date in the amount of $1144.77. The total amount now- required to cure this default, or in other words, geE caught up in your payments as of the date of this letter is $1304.70. You may cure this default within THIRTY (30) DAYS of the date of this letter, by oaying us the above amount if $1304.70, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order to: FORD CONSUMER FINANCE CO, INC. 11311 CORNELL PARK DRIVE, SUITE 300 CINCINNATI, OH 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they design legal proceedings against you, you will still have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required topay attorney's fees. We may also sue you personally for the unpaid prinicpal , ....-- ( , .8'1I/,8lr ~ C/ balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortga~e requirements to be cured , other than a default ~n payments) . It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 07/13/97. A notice of the date of the Sheriff's sale would be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200. This payment must be made in cash, cashiers check, certified check or money order and payable to the add~ess stated above. You should. realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. You do not have the right to transfer the property to another person subject to the Mortgage, nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PI\RTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three times in any calender year. FORD CONSUMER FINANCE CO., INC. BY: Dave Mcneal Please call 1-800-753-3673 for information regarding home owner~hip counseling agencies near your home. Such agenc1es may be able to provide you with important information in connection with your mortgage loan. If you want to discuss your account wi th us, please call the number listed above. Page 2 of 1983 (the "Act"). You may be eligible for emergency for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet eligibility requlrements established br the Pennsylvania Housing Finance Agency. Please read al of this Notice. It contains an explanation of your rights under the Act, you are entitled to a temporary stay of foreclosure on ~our mort~age for thirty (30) days from the date of the Not~ce. Durlng that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt is to attempt to work out a repayment plan, or to otherwise settle your delinquency. The meeting must occur in the next thirty (30) days. If you int-end a "face-to-face" meeting with this lender, or with a consumer credit counseling agency identified is this notice, no further proceedings in the mortgage foreclosure may take place for thirty (30) days after the date after the date of that meeting. The name, and telephone number of our representative is: Dave Mcneal Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive, Suite 300 Cincinnati, OH 45242 (513) 530-2200 The names and addresses of the designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one "face-to-face" meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total of the delinquency is $1304.70. This sum includes the following: PAYMENTS OF $435.10 FOR THE MONTHS OF 11/01/96, 12/01/96, 01/01/97 If you have tried and are unable to resolve this problem at or after your "face-to-face" meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of Page 3 the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed appl~cation to the Pennsylvania Housin~ Finance Agency. It must be filed or post-marked with~n thirty days (30) days of your "face-to-face" meeting. It is extremely important that your file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria ~stablished by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it rece~ves 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 that Agency of its' decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front St/P.O. Box 8029/Harrisburg PA 17105. The telephone number is (717) 780-3800 or 1-800-342-23897 (toll-free number) . Persons with impaired hearing may call --800-342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Sincerely, Dave Mcneal FORD CONSUMER FINANCE, CO., INC. Enclosure CERTIFIED MAIL, RETURN RECEIPT REQUESTED . NOTICE OF INTENTION TO FORECLOSE MORTGAGE April 5, 1996 Ford Consumer Finance Co., Inc. 11311 Cornell Park Drive, Suite 400 Cincinnati, Ohio 45242 TO: Frank Colebaugh 14 West Lisburn Rd. Bowmansdale, PA 17008 Thc MORTGAGE held by Ford Consumer Finance, Co., Inc. (Hereinafler "wc", "us" or "ours") on your property localed at 14 West Lisburn Rd. IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 2/1/96, 3/1196,4/1196, and/or because N/A. Late charges {and other charges} have also accrued to lhis date in the amount of $1,305.30, the lotal amount now required 10 cure this default, or in other words, gel caught up in your payments as of the datc of this letter. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,305.30, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made 10: FORD CONSUMER FINANCE CO., INC. 11311 CORNELL PARK DRIVE, SUITE 400 CINCINNATI, OHIO 45242 If you do not cure lhe default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amounl borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. IF Full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoFf the mortgage debt. If we reFer your case to our attorneys, but you cute the default beFore they design legal proceedings against you, you will still have to pay the reasonable attorney's Fees, actually incurred, up to $50.00. However, if legal proceedings arc started against you, you will have to pay the reasonable attorney's fees even if they ore over $50.00. Any attorney's Fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees, We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sherlfrs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and (statc any dcfault in mortgagc requirements to be cured, other than a default in payments) tl{A. It is eSlimated lhat the carliesl datc that such a Sheriff's salc could bc held would be approximately Octobcr 5, 1996. A noticc of the datc of lhe Sheriff's sale would bc sent to you bcforc thc salc. Of course, the amount needed to curc thc default will incrcase lhc longer you wait. You may find out at any lime exactly what thc required paymenl will be by calling us at lhc following number: 513-530-2200. This payment mUSl be in cash, cashiers chcck, certified chcck or money order and made payable to thc address stated above. You should realize that a Sheriff's salc will end your ownership of lhc mortgaged property and your right 10 rcmain in it. If you continue to Iivc in the property aftcr the Shcriff's sale, a lawsuit coul~ be started to evicl you. You have additional rights to help protect your intcrcst in lhc property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. You do not have the right 10 lransfer the propcrty to anolher person subject 10 the Mortgagc, nor would any transfcrec have the right to cure the default. Wc havc granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However you are not entitled to this right to curc your default more than lhrec times in any calendar year. . Ford Consumcr Financc Co., Inc. By: Greg Kunkel Plcasc call 1-800-753-3673 for information regarding home ownership counseling agencies near your home. Such agencies may bc able to providc you with important information in connection with your mortgage loan. If you want to discuss your account with Ford Consumer Finance Co., Inc., please call thc office identified above. ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Conunonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able 10 help you. Read Ihe following nOlice to lind out how the program works. 2397. If you need more information call the Pennsylvania Housing Finance Agency at 1-800-342- La notilication en adjunlo es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notilicacion abtenga una traducci6n immediamente lIaman esta agcncia (Pennsylvania Housing Finance Agency) sin cargo al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa lIamado "Homeowner's Emergency Morgage Assistance Program" el cual puede salva su casa de la perdida del derecho a rcdimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. DATE: April 5, 1996 RE: ACCOUNT H: 033753860359816 TO: Frank Colebaugh 14 West Lisburn Rd. Bowmansdale, PA 17008 FROM: Ford Consumer Finance Company, Inc. t 1311 Cornell Park Drive Suite 300 Cincinnati, Ohio 45242 Greg Kunkel You may be eligible for linancial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homcowner's Emergency Mortgage Assistance Act of 1983 (the" Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet the eligibilily requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a lemporary slay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you have the right to arrange a "face-to- face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to olherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceedings in mortgage foreclosure may take place for Ihirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Greg Kunkel Ford Consumer Finance Company, Inc. I t311 Cornell Park Drive Suite 300 Cincinnati, Ohil) 45242 (5 t 3) 530-2200 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. .J Your mortgage is in default because you have failed to pay promptly inslallments of principal and interest, as required, for a period of at least sixty (60) days. The total of the delinquency is $1,305.30. That sum includes the following: Pavrnents of $435.10 for the montll~ of 21t/96, 3/1/96. 4/1196. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill oul, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application 10 Ihe Pennsylvania Housing Finance Agency. II must be filed or post-marked within thirty (30) days of your face-to-face meeting. It is extremely importa/lItllat you file your application promptly. If you do 1/ot do so or if you do IIOt follow tile otller time periods set fortll ill tllis letter, foreclosure may proceed agaillst your IIome immediately. A vailable funds for emergency mortgage assistance are very limited. They will be disbursed by Ihe Agency under the eligibility crileria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days 10 make a decision after it receives your application. During that additional 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 that Agency of iI'S decision on your applicalion. .. , . ' . . The Pennsylvania Housing Finance Agency is located at 2101 North Front Slreel, P.O. Box 8029, Harrisburg, PA 17105. Telephone number (717) 780-3800 or 1-800-342-2397 (loll-free number). Persons with impaired hearing can call 1-800-342-2397. In addition you may receive another nolice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclosure". You must read both notices, since lhey both explain rights thaI you now have under Pennsylvania law. However, if you choose 10 exercise your rights described in lhis notice, you cannot be foreclosed upon while you are receiving lhat assistance. Very lruly yours, FORD CONSUMER FINANCE COMPANY. INC. By: Greg Kunkel Enclosure CERTIFIED MAIL, RETURN RECEIPT REQUESTED COMPANY NAME: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that fal~e statements he~ein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 3/tS/tf7 By /In.l.'; d.. 0 rYwLlav v TitleJ'-'U'Y'I.t"'tJ'~Ii- (1./>:1-;1/1.01, f"o~j/.A;f, , FORD CONSUMER DISCOUNT COMPANY,: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. Q7. It, 30 t~1-t^ FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE I . I"" YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. '. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone (717)240-6200 NOT I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL OINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE 5E PUEDE CONSEGUIR ARISTENCIA LEGAL. . ~ I . . . I II I , ! , 1 I COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone (717)240-6200 'I i' FORD CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. VS. FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, FORD CONSUMER DISCOUNT COMPANY, is a corporation with an office at 11311 Cornell Park Drive, Cincinnati, Ohio 45242. 2. Defendant, FRANK D. COLEBAUGH, is an adult individual whose last known residence is 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008. 3. On or about December 22, 1995, Defendant executed and delivered a Mortgage Note in the sum of $39,342.28 payable to FORD CONSUMER DISCOUNT COMPANY, (original mortgagee), a copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1297, page 102, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008, and is more particularly described in Exhibit "B" attached hereto. 6. Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (al Unpaid principal balance (b) Interest at $13.68 per day from 10/1/96 to 4/1/97 (based on rate of 12.75%) $ 39,lBl.00 $ 2,462.40 (c) 5% Attorney's commission 1.959.05 $ 43,602.45 * TOTAL *Together with interest at the per diem rate noted in (b) above after April 1, 1997, and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. B. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No.6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "C". /:filM 1/ ~It "I .i1 .:# ~. .~..'.:.. '...., - 'f~ NOTE . ..;.~ , "j '. J ... 'Il '0;' , I DORROWER: FRANK D. COIEOlUGII lENOER: FOM CONSUNER OISCOUNI CO'PANI mo IIllMAN DRIVE SUII[ 101 DENS.lUK. PA 19010-20]2 LOAHOAII 12/22/95 14 II[SllISlIURNROID DO'llHAHSOlL[ Pi 1700B '.~' \';"":'9.3<1.28 REPAYMENT "I: Om'" .nd "my. r.f.r to the borrow.r(.1 n.m.d ,bov,. .Vou. and .you,. ,.flr to Ih.l.nd., named ,boy.. AGREED RATE OF INTEREST DEFAULT 'I I proml.. 10 PlY you, I' your olfie., the add,... of which II shown above, or .t . diff.r,nt pile. I required by you, Ih. PrincipII stated above loglth.r wilh inla,.,t cllculal,d al the Agrnd n'11 0 Int.,."n d.termin.d below until fully paid. I Willl.pIY my lOin Ly In.kino II p,ym.nlav.1V monlh. " Elich pAymantl mlk, will b, applied lir.t to inlarll' owed to Ih, dala of paymant end thl"matridarto th, principal balanc.. .;~ P.wm.nl(s) in the .mountls) shown balow will b. due as .hown btlow. AMOUNT DUE DATEIS) S "35.10 atginning 02101/06 S .435.10 atginning 03/01/06 S .00 atginning S .00 alginning S 30.601.51 01101111 AU amounts OWld will b. due Ind payabl. on thl Finll Paymlnt alt. shown abov.. o If 'his box is ,hl,hel. tllll following provision .pplilu. ~ andallo1t\tr Tht Al'lniiliV. ,'fa jJ': .I~ : My lOin i. pIVlbl.ln lull It tht .nd of 15 V'"(S). A plymtnt 01 $ 30.601.51 amounts ow.d will bl due Ind paYI~ the Finll PAymlnt 01" .hown abovl. Mortgag. Trlnsaction Parity Act 011982 gov.rn. thi.loan. Tho Agrlld R.tl olln,.rllt on myloan I. 12.150 ,. exc.pt II .tl,.d b.low. o If ,hi, box Is chlclctd. ,h, following provi,ion applie,. Ii;, month. th.'lIlIer, the Agr..'i,: ~ From ,h. .".ctiv. dlt.l.) .hown b.low Ind for o'lnt.,ut on my loin will b.: AGREED RATE OF INTEREST EFFECTIVE DATE " " " aluinning 12128195 alginning Beginning Than the Agr.od nil' of Inllrllt will b. thlt fint .tl,.d ab;,vI. '", I aor.. to pay inlar..l on th. principal bltl"c. f.maining .It.r the Maturity Oat. shown Iboveslt the Ag,lIId nlta ollnta'os' in .lfact on th.t data. untillh. lo.n I. plid in full. .'t:. I will ha In d.fault ill fail to PlY any plym.nt or plrt of . paymant on time or if Illil to comply whh .ny 01 the term. of th. Mortg.g. on the rul IItlt. olvan a. IIcurity fOf this lo.n. II I delault. you hlVI Ih. right to d.c1ar. ,h. .ntira unpaid amount 01 my lOin Imm.diatt'" dut and pIvablt withoul giving m. notic. "f the d.flult or "king m. to PlY. If Ihia Not. i. ttcurtd by. mobila horn I. I will ba Oivtn a notica 01 my ,ight to cur. a dtftu!l ill 1m antillad 10 this notice. II you d.d". thl balanct 01 my lo.n due and p'Vabl.. you havt the lighl' and ,.m.di.. provided for in the Mortglgt thl' ..cut.. thi.loln. Including the right to "qui,. me to PlY any dtfici.ncy. Poue 1 01 2 NOTICE: 500 additional paaos for additional loon torms. ALL THNC Cm~TAIN tract Ol' parcel of land situate in the Village of Bowmansdale, Township of Uppel' Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a corner of t,ot No. ., .and the public road known as Lisburn Hoad (formerly refelTed to as West Street); thence by said Street known as the Lisburn Hoad, South 72 degrees West forty (40) feet to Lot No.9; thence by said Lot, North 10 degrees West, one hundred fifty (150) feet to Summit Alley; thence by said Alley, North 72 degrees East, forty (40) feet to . Lot No.7, aforementioned; thence by said Lot No.7, South 10 degrees East, one hundred fifty (150) feet to the point and place of BEGINNING. HAVING thereon erected a single family dwelling house. .... -"--.--~... bOOK 1297 PACE 1 0.1 /-:- .... /2 t / c:.. /II/6fT Iv . 01/13/97 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Ford Consumer Finance 11311 Cornall Park Drive, Suite 300 Cincinnati, OH 45242 TO: Prank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 The MORTGAGE held by Ford Conoumer Finance, Co., Inc. (Hereinafter "we", "us" or "auro") on YOUL" property located at 14 West Lisburn Rd, Bowolnodale, P^ 17000 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the montho of 11/01/96, 12/01/96, 01/01/97. Late charges (and other chargeD) have also accried to this date in the amount of $1144.77, The total amount now- required to cure thio default, or in other words, geE caught up in your paymento <1!J of the date of this letter is $1304.70. You may cure this defaul t within THIRTY (30) DAYS of the date of this letter, by oaying us the above amount if $1304.70, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, caohier's check, certified check or money order to: FORD CONSUMER FINANCE CO, INC. 11311 CORNELL P^RK DRIVE, SUITE 300 CINCINNATI, OH 45242 If you do not cure the default within TIIIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay of f the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to inotruct our attorneys to start a lawsuit to foreclooe your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attoL"neys, but you cure the default before they design legal proceedings against you, you will still have to pay the reasonable attorney's fees even if they are over $50.00. ^ny attorney's fees will be added to whatever you owe liS, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required topay attorney's feeo. We may aloo Due you peroona11y for the unpaid prinicpal 't."-- '. II b/fIt3lr C/ balance and all other sums due under the mortgage. If you have not cured the defaul t wi thin the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as reasonable attorney'S fees and costs connected with the foreclosure sale and (state any default in mortgage requirements to be ~ured , other than a default in payments) . It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 07/13/97. A notice of the date of the Sheriff's sale would be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the fOllowing number: 513-530-2200. This payment must be made in cash, cashiers check, certified check or money order and payable to the address stated above. You should. realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. You do not have the right to transfer the property to another person subject to the Mortgage, nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three times in any calender year. FORD CONSUMER FINANCE CO., INC. BY: Dave Mcneal Please call 1-800-753-3673 for information regarding home owner~hip counseling agencies near your home. Such agenc~es may be able to provide you with important information in connection with your mortgage loan. If you want to discuss your account with us, please call the number listed above. 01/13/97 ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notification en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa, si no comprende e1 contendio de esta notificacion abtenga una traduccion.immediamente 11aman esta agencia (Pennsylvania Housing Finance Agency) sin cargo al numero mencionado arriba. Puedes ser e1egib1e para un prestamo por e1 programa llamado "Homeowner's Emergency Mortgage Assistance prorgam" e1 cua1 puede salva su casa de 1a perdida del derecho a remdimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNER I S EMERGENCY ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. MORTGAGE DATE: ACCOUNT# : TO: 01/13/97 03375386-0359816 Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 PROPERTY ADDRESS: 14 West Lisburn Rd Bowansdale, PA 17008 FROM: Dave Mcneal Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive, Su~te 300 Cincinnati, OH 45242 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Assistance Act Page 2 of 1983 (the "Act"). You may be eligible for emergency for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet eligibility requ~rements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights under the Act, you are entitled to a temporary stay of foreclosure on ~our mort~age for thirty (30) days from the date of the Not~ce. Dur~ng that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt is to attempt to work out a repayment plan, or to otherwise settle your delinquency. The meeting must occur in the next thirty (30) days. If you int-end a "face-to-face" meeting with this lender, or with a consumer credit counseling agency identified is this notice, no further proceedings in the mortgage foreclosure may take place for thirty (30) days after the date after the date of that meeting. The name, and telephone number of our representative is: Dave Mcneal Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive, Suite 300 Cincinnati, OH 45242 (513) 530-2200 The names and addresses of the designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one "face-to-face" meeting. You should advise this lender immediately of your intentions. Your mortgage is in default promptly installments of required, for a period of total of the delinquency the following: because you have failed to pay principal and interest, as at least sixty (60) days. The is $1304.70. This sum includes PAYMENTS OF $435.10 FOR THE MONTHS OF 11/01/96, 12/01/96, 01/01/97 If you have tried and are unable to resolve this problem at or after your "face-to-face" meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of Page 3 the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed appl~cation to the Pennsylvania Housin~ Finance Agency. It must be filed or post-marked with~n thirty days (30) days of your "face-to-face" meeting. It is extremely important that your file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria ~stablishp.d by the Act. It is extremely important that your application is accurate and complete in every respect. 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 that Agency of its' decision on your application. The Pennsylvania Housing Finance A~ency is located at 2101 North Front St/P.O. Box 8029/Harr~sburg PA 17105. The telephone number is (717) 780-3800 or 1-800-342-23897 (toll-free number) . Persons with impaired hearing may call --800-342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Sincerely, Dave Mcneal FORD CONSUMER FINANCE, CO., INC. Enclosure CERTIFIED MAIL, RETURN RECEIPT REQUESTED NOTICE OF INTENTION TO FORECLOSE MORTGAGE April 5, 1996 Ford Consumer Finance Co.. Inc. 11311 Cornell Park Drive, Suite 400 Cincinnati, Ohio 45242 TO: Frank Colebaugh 14 West Lisburn Rd. Bowmansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co., Inc. (Hcreinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd. IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 2/1196, 3/1196,4/1196, and/or because N/A. laIc charges {and other charges} have also accrued to this date in the amount of $1,305.30, the total amount now required to cure this default, or in olher words, get caught up in your payments as of the date of lhis letter. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,305.30, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made to: FORD CONSUMER FINANCE CO., INC. 11311 CORNELL PARK DRIVE, SUITE 400 CINCINNATI, OHIO 45242 If you do not cure lhe default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on lhe original amount borrowcd will be considcred due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the dcfault before they design legal proceedings against you, you will still havc to pay the reasonablc attorney's fees, actually incurred, up to $50.00. However, if legal proceedings arc started against you, you will have to pay lhe reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also includc our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sherifrs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortgage requirements to be cured, olher lhan a default in paymenls) rilA. II is eSlimated thaI the earliest date lhal such a Sheriff's sale could be held would be approximalely October 5, 1996. A notice of the dale of the Sheriff's sale would be sent 10 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 lime exaclly what the required payment will be by calling us at lhe following number: 513-530.2200. This payment must be in cash, cashiers check, certified check or money order and made payable to lhe address staled above. You should realize that a Sheriff's sale will end your ownership of lhe mortgaged property and your right to remain in it. If you continue to live in the property after lhe Sheriff's sale, a lawsuit coul~ be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. You do not have lhe righl to transfer the property to another person subjecl to lhe Mortgage, nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However you are not entitled to this right to cure your default more than three times in any calendar year. Ford Consumer Finance Co., Inc. By: Greg Kunkel Please call1.80Q.753.3673 for informalion regarding home ownership counseling agencies near your home. Such agencies may be able to provide you Wilh important informalion in conneclion with your mortgage loan. If you want to discuss your account with Ford Consumer Finance Co., Inc., please call1he office identified above. Under the Act, you arc entitled to a tcmporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you have the right to arrange a "face-to- face" meeting with a representative of this lender, or with a designated consumer crcdit counscling agcncy. The purpose of that meeting is to allemptto work out a rcpayment plan, or to otherwise sell Ie your delinqucncy. This meeting must occur in the next lhlrty (30) days, If you auend a face-to.face mccting with this Icndcr, or with a consumer credit counseling agency identilied in this notice, no further proceedings in mortgage foreclosure may take place for thirty (30) days aftcr the date of that meeting. The name, :Iddress and telephone number of our representative is: Grcg Kunkel Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive Suite 300 Cincinnati, Ohio 45242 (513) 530-2200 The names and addrcsses of designated consumer credit counseling agencies are shown on the all ached sheet. It is only necessary to schedule one face-to. face meeting. You should advise this lender immediately of your illlentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total of the delinquency is $1,305.30. That sum includes the following: Pavments of $435.10 for the montJL~ of 211196, 3/1/96, 4/1196. If you have tried and arc unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for linancial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must lill out, sign and liIe a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the allachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in lilling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. It must be liIed or post-marked within thirty (30) days of your face-to-face meeting. It is extremely importallt that you jile your applicatioll promptly. If you do II0t do so or if you do II0t follow the other time periods set forth in this letter, foreclosure may proceed agaillst your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Acl. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notilied directly by that Agency of it's decision on your application. 0,1'"1[:[ 0( r4~ :;1Ir;R:fF (ll';l ~ I tv 0'. . APR 9 09 MI '97 ... PE. 1/". ': l ;./\ '.,/.\ I I ~ ( i.... I . I ... I I 11 ~ ~ ~ FORD CONSUMER DISCOUNT COMPANY,: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. en - /~",-3tJ (tUJ \::iuaVl VS. FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice 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. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone (717)240-6200 NOT I C I A Le han demand ado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda Y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado Y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no Be defiende, la corte tomara medidas Y puede entrar una orden contra usted sin previo aviso 0 notificacion Y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para uBted. i ! I l I LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone (717)240-6200 .' FORD CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect u debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff FORD CONSUMER DISCOUNT COMPANY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, FORD CONSUMER DISCOUNT COMPANY, is a corporation with an office at 11311 Cornell Park Drive, Cincinnati, Ohio 45242. 2. Defendant, FRANK D. COLEBAUGH, is an adult individual whose last known residence is 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008. 3. On or about December 22, 1995, Defendant executed and delivered a Mortgage Note in the sum of $39,342.28 payable to FORD CONSUMER DISCOUNT COMPANY, (original mortgagee), a copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1297, page 102, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008, and is more particularly described in Exhibit "B" attached hereto. 6. Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $13.68 per day from 10/1/96 to 4/1/97 (based on rate of 12.75%) $ 39,181.00 $ 2,462.40 (c) 5% Attorney's commission TOTAL 1.959.05 $ 43,602.45 * *Together with interest at the per diem rate noted in (b) above after April 1, 1997, and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reaspnable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No.6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "C". M/tlrl'lt "I ,~~ ;09. ' 'i$, "':>> NOTE .{j ,:!~i I naRROWER UIANt: D. COUOAUGII LENOER rono CONSUM[R OISCuUtIl COKPAllW JIIO lIllHlH DAm SUII[ 101 orNS'UM, Pl 10020-70]1 r......" 11IlllDS U W[SI llSUUflN ROAD UO..HAHSOAl[ PA 11000 .!,. \';"":'0.341.10 REPAYMENT -,: -m'" Ind 'my' ,.f., 10 thl borrOWllfl) nlmad abovI. 'Vou' and 'you,' f.f., to thl I,nd" namad abovI, AGREED IIATE OF INTEREST DEFAULT 'I I ruomlu to pay you. II your ollie., thl .dd,... 01 vwhlch I. .hown .bo...., Of .t . diU,"nt pli~ 11 r.quir.d by you, the P,lnclpal "I lid above lagalha' whh inll'u, c.lculalld I' thl Agrud n."1 0 lnl.rut II determined balow until fully paid. I will fl,..l", my lOIn IIV ml"lnQ I plyment Ivary monlh. (ach Plym.ntl mlh will b, .ppliad firatla inl"." owed 10 thl dall of Pll;'m.nt Ind ,hi "mllnd., D thl principII bllanca. .,J Paymant(a) In Iha .mounl(a) ahown balow will ba dua as thown balow. AMOUNT DUE DATEIS) $ U5.10 n.ginning 02/01/96 $ U5.10 Oaginning OJ/01/96 $ .00 O.ginning $ .00 Oaginning S 30.601.57 01101111 AII.mounts owad will b. due .nd pay.bl. on the Final Paymant o.ta ahown abova. o '41 1 JO.601.~1 and alloNr Ihown abova. Th. A1t,ml'llVt '.11 .1,: 'I~ r II ,his bOI( is "IlJchd. "'11 (ollowingprov;sion .ppfi.s M., loin i. p..,.bl. in lull at tha .nd of I~ YIII(II. A p.ymanl of S amounll owad will ba dua .nd PlY'~ Iha Fin.1 Paymant Data Mortaaaa Tr.nuclion Parity Act of 1982 aovarn. thillo.n. Tho AOlud R.la ollnlar..' on mv lo.n I. 12.150 '" neap I II tlal.d b.low. o If this box is ch,chd, 'ha/ollowing provision Ippliu. I'. , ~ month. tharlll1ar, the Agf..' ".,~ F.om tha alfacliva dat.(.) .hown balow and for 01 Inl.,..t on mv loan will ba: AGREED RATE OF INTEREST EFFECTIVE DATE % % % a.ginning 12128/95 Oaginning a.ginnlng Then tho Agreed Ral. of Inl.flll will ba th., lint tlatad ab:va. ',oJ' I aOfOl to pay inlara.t on 'ha principal bal.nca rem.ining attar tha Maturity Oala .hown .bove"'at tha Aoread R.I. ollnl,,"'ln all.ct on 'hat d.ta. until tha lo.n it paid in full. "i. I will L. in d.lault i111.il to p.v .ny paym.nt or p.rt of a paymant on tima or if I I.il to comply wI~\h any 01 tha larmt of tha Mortgaga on Ihl rill .ala" givan II ncurlty for thit loan. III d.fault. yOU have tha riohl 10 dlCl.re Iha .ntira unpaid amount of my lo.n immadi'I'1y dua and payabl. wilhoul giving ma notica tof tha dafault or ..king ma to pay. It 'hil Note is ncured by a mobll. hom'.1 will b. oiv.n . notic. 01 mv .igMlo cuta I d.lault if I am antitlad to this notica.1l you daclara th. balanc. of my loan due and ply.bla. you h.va ,ha ,igh1t and ,.madi.. providad for in tha Mortgtga thaI 'OcutU 'hi. loan. Including lh. righl 10 tlquite ma 10 pay any d.fici.ncy. rooo 1 of 2 NOTICE: 500 ndditlonnl pnges for oddltlonnlloon terms. J\LL TIIJ\'I' CER'l'J\IN tract OL' parcel or land situate in the Village of Dowmansdale, Township o( UppeL' J\llen, County o( CumbeL"land and State o( Pennsylvania, bounded and dencrlbed a/J (ollowa: IJEGINNING at a corner of: (,ot No. ./ .dnd the puhlic road known as Liaburn Road (formerly ref:erred to an Went Street); thence by said Street known an the {,iahuL"1I Ilond. South 72 degrees West (orty (40) (eet to Lot No.9; thence by said Lot, North 10 degrees West, one hundred Uf:ty (150) [eet to Summit J\lley; thence by said Alley, North '/2 degrees gast, forty (40) feet to . Lot No.7, a(orementioned; thence by /Jaid Lot No.7, South 10 degrees East, one hnndred fifty (150) [eet to the point and place of BEGINNING. HAVING thereon erected a single [amily dwelling house. .';" bOOK 1297 PACE 10.1 /;::'-jHl!.>IT (ij ,/ L-~ .. _. .e 01/13/97 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Ford Consumer Finance 11311 Cornall Park Drive, Suite 300 Cincinnati, OH 45242 TO: Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co., Inc. (Hereinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd, Bowansdale, PA 17008 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 11/01/96, 12/01/96, 01/01/97. Late charges (and other charges) have also accried to this date in the amount of $1144.77. The total amount now- required to cure this default, or in other words, get caught up in your payments as of the date of this letter is $1304.70. You may cure this default within THIRTY (30) DAYS of the date of this letter, by oaying us the above amount if $1304.70, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order to: FORD CONSUMER FINANCE CO, INC. 11311 CORNELL PARK DRIVE, SUITE 300 CINCINNATI, OH 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they design legal proceedings against you, you will still have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required topay attorney's fees. We may also sue you personally for the unpaid prinicpal 1,__.. II b/f/"jlr c/ balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortga~e requirements to be cured , other than a default ~n payments) . It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 07/13/97. A notice of the date of the Sheriff's sale would be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200. This payment must be made in cash, cashiers check, certified check or money order and payable to the address stated above. I I j I You should. realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheri f f 's sale, a lawsui t could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. You do not have the r.ight to transfer the property to another person subject to the Mortgage, nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three times in any calender year. FORD CONSUMER FINANCE CO., INC. BY: Dave Mcneal Please call 1-800-753-3673 for information regarding home owner~hip counseling agencies near your home. Such agenc~es may be able to provide you with important information in connection with your mortgage loan. If you want to discuss your account wi th us, please call the number listed above. ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE I I I I I I i , ~. 1 01/13/97 The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how ':he program works. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notification en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. si no comprende e1 contendio de esta notificacion abtenga una traduccion.immediamente 11aman esta agencia (Pennsylvania Housing Finance Agency) sin cargo a1 numero mencionado arriba. puedes ser e1egib1e para un prestamo por e1 programa 11amado " Homeown er, s Emergency Mortgage Assistance prorgam" e1 cua1 puede salva su casa de 1a perdida del derecho a remdimir su hipoteca. ACT 91 NOTICE IMPORTAN'l': NOTICE OF HOMEOWNER I S EMERGENCY ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. MORTGAGE DATE: ACCOUNT# : TO: 01/13/97 03375386-0359816 Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 PROPERTY ADDRESS: 14 West Lisburn Rd Bowansdale, PA 17008 FROM: Dave Mcneal Ford Consumer Finance Compan~, Inc. 11311 Cornell Park Drive, Su~te 300 Cincinnati, OH 45242 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Assistance Act Page 2 of 1983 (the "Act"). You may be eligible for emergency for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming ~our mortgage payments, and if you meet eligibility requ~rements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights under the Act, you are entitled to a temporary stay of foreclosure on ~our mortgage for thirty (30) days from the date of the Not~ce. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt is to attempt to work out a repayment plan, or to otherwise settle your delinquency. The meeting must occur in the next thirty (30) days. If you int-end a "face-to-face" meeting with this lender, or with a consumer credit counselin~ agency identified is this notice, no further proceed~ngs in the mortgage foreclosure may take place for thirt~ (30) days after the date after the date of that meet~ng. The name, and telephone number of our representative is: Dave Mcneal Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive, Suite 300 Cincinnati, OH 45242 (513) 530-2200 The names and addresses of the designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one "face-to-face" meeting. You should advise this lender immediately of your intentions. Your mortgage is in default promptly installments of required, for a period of total of the delinquency the following: because you have failed to pay principal and interest, as at least sixty (60) days. The is $1304.70. This sum includes PAYMENTS OF $435.10 FOR THE MONTHS OF 11/01/96, 12/01/96, 01/01/97 If you have tried and are unable to resolve this problem at or after your "face-to-face" meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of Page 3 the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed appl~cation to the Pennsylvania Housin~ Finance Agency. It must be filed or post-marked with~n thirty days (30) days of your "face-to-face" meeting. It is extremely important that your file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. 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 that Agency of its' decision on your application. The Pennsylvania Housing Finance A~ency is located at 2101 North Front St/P.O. Box 8029/Harr~sburg PA 17105. The telephone number is (717) 780-3800 or 1-800-342-23897 (toll-free number) . Persons with impaired hearing may call --800-342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. SincerelJ, Dave Mcneal FORD CONSUMER FINANCE, CO., INC. Enclosure CERTIFIED MAIL, RETURN RECEIPT REQUESTED . NOTICE OF INTENTION TO FORECLOSE MORTGAGE April 5, 1996 Ford Consumer Finance Co., Inc. 11311 Cornell Park Drive, Suite 400 Cincinnati, Ohio 45242 TO: Frank Colebaugh 14 West Lisburn Rd. Bowmansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co., Inc. (Hereinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd. IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 2/1/96, 3/1/96, 4/1196, andlor because NI A. Lale charges {and olher charges} have also accrued to this date in the amount of $1,305.30, the lotal amount now required 10 cure this default, or in other words, get caught up in your payments as of the date of lhis letter. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of$I,305.30, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made 10: FORD CONSUMER FINANCE CO., INC. 11311 CORNELL PARK DRIVE, SUITE 400 CINCINNATI, OHIO 45242 If you do not cure the cefault within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made wilhin THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they design legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up 10 $50.00. However, if legal proceedings arc started against you, you will have to pay the reasonable attorney's fees even if lhey arc over $50.00. Any attorney's fees will be added 10 whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. . ., We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sherifrs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as IVell as the reasonable attorney's fees and costs connected with the foreclosure sale and (slale any default in mortgage requirements to be curcd, other than a default in payments) lilA. It is estimaled lhat the earliest date that such a Sheriff's sale could be held would be <lpproximalely October 5, 1996. A nolice of the dale of the Sheriff's sale would be sent 10 you before the sale. Of course, the amount needed to cure lhe default will increase the longer you wait. You may find out at any time exactly whallhe required paymcnt will be by calling us at the following number: 513-530-2200. This payment must be in cash, cashiers check, ccrtified check or money order and made (T.Iyable to the address stated abovc. You should realize that a Sheriff's sale will cnd your ownership of the mortgaged property and your right to remain in it. If you continue to live in lhe property after the Shcriff's salc, a lawsuit coul~ be started 10 evict you. You havc additional rights to help protect your interest in thc property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT . You do not have the righl to lransfer the property to anolher person subjcct 10 the Mortgagc, nor would any transferee havc thc right to curc the dcf<lult. We have granted no right 10 refinancc your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However you arc not cntitled 10 lhis right to cure your default morc than thrce times in any calendar year. . Ford Consumer Finance Co., Inc. By: Greg Kunkel PI case call 1-800-753-3673 for infonnation regarding home ownership counseling agencies near your homc. Such agencics may be able to provide you with important infonnation in connection with your mortgagc loan. If you want to discuss your account with Ford Consumer Finance Co., Inc., pleasc call the office identified abovc. '. ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency MOr1gage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1-800-342- 2397. La notification en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion abtenga una Iraducci6n inunediamente lIaman esta agencia (Pennsylvania Housing Finance Agency) sin cargo al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa lIamado "Homeowner's Emergency Morgage Assistance Program" el cual puede salva su casa de la pcrdida del derecho a redimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE . FUTURE MORTGAGE PAYMENTS. DATE: April 5, t996 RE: ACCOUNT #: 033753860359816 TO: Frank Colebaugh 14 West Lisburn Rd. Bowmmsdale, PA 17008 FROM: Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive Suite 300 Cincinnati, Ohio 45242 Greg Kunkel You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of tlte Homeowner's Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control. you have a reasonable prospect of resuming your mortgage payments, and if you meet the eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of Ihis Notice. II contains an explanation of your rights. .... ' 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 have the right to arrange a "face-to- face" meeting with a representative of Ihis lender, or wilh a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meellng must occur in the next thirty (30) days, If you attend a face'lo.face meeting with this lender, or with a consumer credit counseling agency identified in Ihis notice, no further proceedings in mortgage foreclosure may take place for thirty (30) days after the date of that meeling. The name, address and telephone number of our representative is: Greg Kunkel Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive Suite 300 Cincinnati, Ohio 45242 (513) 530-2200 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule une face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The tOlal of the delinquency is St,305.30. That sum includes the following: frow.ents of $435.10 for the monlll~ of 211/96,3/1/96,4/1/96. If you have tried and arc unable to resolve this problem at or after your face. to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. It must be filed or post-marked within thirty (30) days of your face-to-face meeting. It is extremely importa/lt that YOIl file YOllr applieatio/l promptly. If YOIl do /lot do so or if YOIl do /lot follow the other time periods set forth i/l this leiter, forec/osllre may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of it's decision on your application. , I t I I , f' I i ! I. -..... '", orr-:rr O~ T" '!",'liFF t' 11/' . ~ ~ ArR 9 09 All '97 '...," PEh JU: I L .'.\iil/I . ~ ~ ~ COURT ADMINISTRATOR TRUE COPY FROM RECORO'-ERL.IUlD 4~~U~;~O~OURT HOUSE InTlStlmonVWhereol~lhereunIOsetmy~ CARLISLE, PA 17013 and the ~I 01 d 01 I at Gaolsle, Pa. Th 1st d It~(~\ 19 t17"'elephone (717)240-6200 NOT I C I A FORD CONSUMER DISCOUNT COMPANY,: PLAINTIFF : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Cl7 - /t>~ ewJ ~~ VS. . . FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice 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. ") .., .-1 ~o t demand ado a usted en la corte. Si usted quiere defenders de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus de fens as 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. FORD CONSUMER DISCOUNT COMPANY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. . . . . FRANK D. COLEBAUGH, : DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, FORD CONSUMER DISCOUNT COMPANY, is a corporation with an office at 11311 Cornell Park Drive, Cincinnati, Ohio 45242. 2. Defendant, FRANK D. COLEBAUGH, is an adult individual whose last known residence is 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008. 3. On or about December 22, 1995, Defendant executed and delivered a Mortgage Note in the sum of $39,342.28 payable to FORD CONSUMER DISCOUNT COMPANY, (original mortgagee), a copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1297, page 102, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008, and is more particularly described in Exhibit "B" attached hereto. 6. Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $13.68 per day from 10/1/96 to 411197 (based on rate of 12.75%) $ 39,181.00 $ 2,462.40 (c) 5% Attorney's commission TOTAL 1.959.05 $ 43,602.45 * *Together with interest at the per diem rate noted in (b) above after April 1, 1997, and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "C". /:1#/& IT ~/t .~I'.:. -I ? ~ NOTE A ... .'1 .. I LENDER FORI) COHSUNER OISCOUN' COMPAN' mo IIllNIJt DRIYE SUIIE 101 oEHSIlEN. PA 100/0'/01/ !'O...." 12I221DS BORROWER FlUHr D. COUO'OOII U ~ESI lISUURH ROiO BO'HINsaaLE PA 11008 , I ~ \''''''..' $ lo,H/./S REPAVMENT "I," "m'" .nd "my' ,.1., to thl barrow.'I.1 n'm,ll,boll', 'You' Il"ld 'you,' ,.,., to th. I.nd.r n.m.d .bov.. AGREED RATE OF INTEREST DEFAULT ''/ I proml.. 10 pi" you, ., your ollie.. thl .dd,... 01 which I. "'.own .bov.. or .1 . dill.,.nl pl.e. r I.quind by you, ,h. Principal .t.l.d .bov. tog.th., with Inlll'" Cllcula,.d .1 th. Ag,ud R.i. 0 Inlll..1 II d.t.rmln.d b.low until fully plld. I Will "P'Y my 10.1"1 by m.lllno , p.ym.nl 'Vtry month. , hch Plym.ntl make will b. appli,d finl to intll'" owld 10 th. d.t. of paYm.nt and the "malnd. th. principal b.lanc.. ,j r.ym.ntl_' in th. .mounll.).hown b.low will b. due III .hown b.low. AMOUNT DUE DA TEIS) S m.,o O.ginning 02101/015 S U5.10 O.ginning 01/01/96 S .00 a.ginning S .00 a.ginning S 10.601.1)1 01/01/11 All amounll ow.d will b. due and p'Ylbl. on Ih. Fin.1 P.ym.nt O.le .hown .bovt. o ! 30.601.51 .nd.nod'itr .hown .bov.. Th, AJl.m.i,I;. '11 jJ..: '1~ , 1/ ,hi, bOI(;' c/udtd, rill (allowing provi,ion .ppliu. My lOin it plyabl, in full.llh. tnd of 15 y..rl'l. A paymlnt 01 S amounl' owtd will b, due and paya~ th, Fin.1 Paym,n' Oil' MonOag, T"nuclion Patity Act 01 1982 gov.,n, Ihi.loan. Th, Agreld R.I. 01 Inl.t,n on my 10.1'1 I. 1/.7S0 % nc'p'I' .1.I.d b,low. o /I 'hi, bOI( i, ch.chd. th. (allowing provi,ion .ppli... Ij month. th"..IIII, th~ Agr..Jl1'1 From 11'1. .If.ctiv. d.tI(.) .hown b.low .nd lor of Inllr"l on my 10'1'1 will bt: AGREED RATE OF INTEREST EFFECTIVE DATE " " " alginning 12128/95 a.ginning a.ginning Thtn tht Aor..d R.II 0111'11"'" will b. Ih.t li"t lI.t.d .bovl. ,. .1 l' I ao", to PlY inl.r..' on lh. principII ballnc, "mlining all., the MllUfily Oalt ,hown Ibov. "Ith, Agr..d All' 01 Inl.tll,ln ,If.ct on 'ha' d.I.. unlillh. 10.1'1 I. plld In full. . I will b, in d,fault ill fail to pay any p.ym.nl or pan 01 I plym.nl on lim, or if II.il to comply >M'", Iny 0111'1. '"m. of the Mong.g, on 11'1, "II ..Ial. giv.n II IIcutiry for lhi.lo.n. If I d.l.ult. you h.v. 11'1. righl 10 d.da" lh. ,nit" unp.ld amounl of my 10.1'1 imm.dill.1y due and payabl. wilhout giving m. nOlic. c.1 the dtllull or ..kino m. 10 pay. IIthi, Nol. i, ..cured by . mobil. ham..' will b, oiv.n a nolic. 01 my rlghllo CUll I d.llull il I am tntilf.d 10 thl, nOlic'.1l you d.du. the b.tanc. of my loan due and Ply.bl.. you h.v. 11'1. rlghu Ind ,.m.di.. provided for in the Mono.o' Ihl' ..cur.. Ihi. 10'1'1. Including 11'1. riahllo "quirt m. 10 pay tny d.fici,ncy. P'U' 1 0' 2 NOTICE; See edditlonal pages for additional loan term.. '. , _..f 01/13/97 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Ford Consumer Finance 11311 Cornall Park Drive, Suite 300 Cincinnati, OH 45242 TO: Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co., Inc. (Hereinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd, 80wansdale, PA 17008 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 11/01/96, 12/01/96, 01/01/97. Late charges (and other charges) have also accried to this date in the amount of $1144.77. The total amount now- required to cure this default, or in other words, geE" caught up in your payments as of the date' of this letter is $1304.70. You may cure this default within THIRTY (30) DAYS of the date of this letter, by oaying us the above amount if $1304.70, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's. check, certified check or money order to: FORD CONSUMER FINANCE CO, INC. 11311 CORNELL PARK DRIVE, SUITE 300 CINCINNATI, OH 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they desi.gn legal proceedings against you, you will still have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required topay attorney's fees. We may also sue you personally for the unpaid prinicpal '....--:' I' b/fI-8lr C/ balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortgage requirements to be cured , other than a default in payments) . It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 07/13/97. A notice of the date of the Sheriff's sale would be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200. This payment must be made in cash, cashiers check, certified check or money order and payable to the add~ess stated above. You should. realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY . TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. You do not have the right to transfer the property to another person subject to the Mortgage. nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three times in any calender year. FORD CONSUMER FINANCE CO., INC. BY: Dave Mcneal Please call 1-800-753-3673 for information regarding home ownership counseling agencies near your home. Such agencies may be able to provide you with important information in connection with your mortgage loan. If you want to discuss your account with us, please call the number listed above. Page 2 of 1983 (the "Act"). You may be eligible for emergency for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage ~ayments, and if you meet eligibility requlrements establ~shed br the Pennsylvania Housing Finance Agency. Please read al of this Notice. It contains.an ex)lanation of your rights under the Act, you are ent~tled to a temporary stay of foreclosure on your mort~age for thirty (30) days from the date of the Not~ce. Dur~ng that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated cons~mer credit counseling agency. The purpose of that meeting is to attempt is to attempt to work out a repayment plan, or to otherwise settle your delinquency. The meeting must occur in the next thirty (30) days. If you int-end a "face-to-face" meeting with this lender, or with a consumer credit counseling agency identified is this notice, no further proceedings in the mortgage foreclosure may. take place for thirt~ (30) days after the date after the date of that meet~ng. The name, and telephone number of our representative is: Dave Mcneal Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive, Suite 300 Cincinnati, OH 45242 (513) 530-2200 The names and addresses of the designa~ed consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one "face-to-face" meeting. You should advise this lender immediately of your intentions. Your mortgage is in default promptly installments of required, for a period of total of the delinquency the following: because you have failed to pay principal and interest, as at least sixty (60) days, The is $1304.70, This sum includes PAYMENTS OF $435.10 FOR THE MONTHS OF 11/01/96, 12/01/96, 01/01/97 If you have tried and are unable to resolve this problem at or after your "face-to-face" meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of .' Page 3 the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed appl~cation to the Pennsylvania Housin~ Finance Agency. It must be filed or post-marked withln thirty days (30) days of your "face-to-face" meeting. It is extremely important that your file your app1icat1on promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria established by the Act, It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it rece~ves 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 that Agency of its' decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front St/P.O. Box 8029/Harrisburg PA 17105. The telephone number is (717) 780-3800 or 1-800-342-23897 (toll-free number). Persons with impaired hearing may call --800-342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this not~ce, you cannot be foreclosed upon while you are receiving that assistance. Sincerely, Dave Mcneal FORD CONSUMER FINANCE, CO., INC. Enclosure CERTIFIED MAIL, RETURN RECEIPT REQUESTED ~ NOTICE OF INTENTION TO FORECLOSE MORTGAGE April 5, 1996 Ford Consumer Finance Co., Inc. 11311 Cornell Park Drive, Suire 400 Cincinnali, Ohio 45242 TO: Frank Colebaugh 14 West Lisburn Rd. Bowmansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co., Inc. (Hereinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd. IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 211196, 3/1196,4/1196, andlor because N/A. Late charges {and other charges} have also accrued to this date in the amount of $1 ,305.30, the lotal amount now required to cure this default, or in olher words, get caught up in your payments as of the dale of this teller. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,305.30, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made to: FORD CONSUMER FINANCE CO., INC. 11311 CORNELL PARK DRIVE, SUITE 400 CINCINNATI, omo 45242 If you do not cure lhe default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immcdiately and you may lose the chance 10 payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intcnd to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we rcfer your case to our attorneys, but you cure the default before they design legal proceedings against you, you will still have to pay the reasonablc allorncy's fees, actually incurred, up to $50.00. Howcver, if legal proceedings are started against you, you will have to pay the reasonable allorney's fees even if they are over $50.00. Any allorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly jlayments plus late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortgage requirements 10 be cured, other than a default in payments) lliA. It is estimated lhat the earliest dale lhal such a Sheriffs sale could be held would be approximalely Oclober 5, 1996. A notice of the date of the Sheriffs sale would be sent to you before the sale. Of course, lhe amount needed 10 cure lhe defaull will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200. This payment must be in cash, cashiers check, certified check or money order and made payable to the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit coul~ be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. You do not have the right to transfer lhe property to anolher person subject 10 the Mortgage, nor would any transferee have lhe right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However you are not entitled to this right to cure your default more than lhree times in any calendar year. . Ford Consumer Finance Co., Inc. By: Greg Kunkel Please call 1-800-753-3673 for information regarding home ownership counseling agencies near your home. Such agencies may be able to provide you with important information in connection with your mortgage loan. Ir you want to discuss your account with Ford Consumer Finance Co., Inc., please call the office identified above. ,. Under the Act, you are entitled to a lemporary slay of foreclosure on your mortgage for thirty (30) days from Ihe date of this Notice. During Ihatlime you have the right to arrange a "face.to. face" meeting with a representative of Ihis lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to allemptto work out a repayment plan, or 10 otherwise settle your delinquency. This meeting must occur In the next thirty (30) days. If you allend a face. to. face meeting with Ihis lender, or with a consumer credit counseling agency identified in this notice, no further proceedings in mortgage foreclosure may take place for thirty (30) days after the date of Ihat meeting. The name, address and telephone number of our representalive is: Greg Kunkel Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive Suite 300 Cincinnati, Ohio 45242 (5t3) 530-2200 The names and addresses of designated consumer credit counseling agencies are shown on the allached sheet. It is only necessary to schedule one face.to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The tOlal of the delinquency is $1,305.30. That sum includes the following: Pavrnents of $435.10 for the months of 2/1196, 3/1196, 4/1196. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the allachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your compleled application 10 the Pennsylvania Housing Finance Agency. II must be filed or post-marked within thirty (30) days of your face-to-face meeting. It is, extremely importalllthat you jile your application promptly. If you do /lot do so or if you do /lot follow the other time periods set forth in this leiter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assislance are very Iimiled. They will be disbursed by the Agency under the eligibility crileria establishcd by the Act. It is extremely important that your application is accurate and complcle in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days 10 make a decision after il receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have mct Ihe time requiremenls set forth above. You will bc nOlified direclly by that Agency of it's decision on your application. . . ., . COMPANY NAME: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 3iolCJ7 By /Ja~'; dO. (lA.wJ.uv v .. TitleJu.,..d"A>'f~'t:. f'..t:r.t-Tnd, .+~a;d'A:t ~ltl 2-q, '1til orr"'f nr -,,~ "1J""P'If'1' !'I"''':'' .- I, I :.... ,'~':oy . .~.: : . . ." .. . JUl 3a 8 00 A" '91 C.\ .,' Ill' L'= 'f, -, .1..' '.. \'[;::: S)' LV.\lllA r f?:'JV ~ ~ ~ \f\fi1 - FORD CONSUMER DISCOUNT CO., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. NO. 97-1630 CIVIL FRANK D. COLEBAUGH, CIVIL ACTION - LAW MORTGAGE FORECLOSURE DEFENDANT ORDER FOR SERVICE ()(;~ rQ47, upon is appearing hhat a good faith Defendant has been made by AND NOW, to wit, this t:? day of consideration of the within Affidavit, investigation and effort to locate the Plaintiff, it is hereby ORDERED that service of the Complaint be made by posting a copy of the original Complaint on the most public part of the property located at 14 West Lisburn Road, Bowmansdale, PA 17008, and by forwarding a copy of the Complaint by registered/certified mail and ordinary mail (service to be completed by mailing), to Defendant Frank D. Colebaugh at his last known address located at 14 West Lisburn Road, Bowmansdale, PA 17008, AND FURTHER, that in the event this case should be reduced to judgement and execution shall be issued, service upon the Defendant pursuant to Rule 3129.2 (c) (1) (C) shall be effected by mailing copies of the required notices to the Defendant at his last known address by registered/certified mail and ordinary mail (service to be completed upon mailing) and by posting a copy of the Notice of Sale or Sheriff's handbill in the most public part of the premises and by publication by ~;fiff pursuant to Pennsylvania / I """ O"~i~~ :::~dU" 31292 I~ \ (0C~( J FORD CONSUMER DISCOUNT CO., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1630 CIVIL PLAINTIFF, VS. FRANK D. COLE BAUGH , CIVIL ACTION - LAW MORTGAGE FORECLOSURE DEFENDANT MOTION FOR SERVICE OF PROCESS IN REAL PROPERTY ACTION IN ACCORDANCE WITH RULES 410 & 430 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE Plaintiff, Ford Consumer Discount Co., through its counsel, Leon P. Haller, Esquire, hereby respectfully submits: 1. Plaintiff has brought a mortgage foreclosure action whereupon it seeks to foreclose against certain property owned by the Defendant located at 14 West Lisburn Road, Bowmansdale, PA 17008. 2. Defendant Frank D. Colebaugh has not been found. The 430 investigation provided a new address for the Defendant, but he was not found there. 3. Plaintiff has conducted an investigation in order to determine the whereabouts of the Defendant as set forth on the attached Affidavit. 4. Notwithstanding the investigation as set forth in the within Affidavit, Plaintiff has been unable to serve said Defendant. X That he contacted Directory Assistance for any new listing for Defendant, however, there are no new listings. x That he contacted TRANS UNION Credit Bureau, a national credit service, with respect to the location of the Defendant. The Defendant was not found at the address provided. X That he has conducted a search of the Pennsylvania Department of Transportation's records with respect to the location of the Defendant. Leon P. Haller further deposes and says that after attempting to locate the Defendant by conducting a reasonable search as indicated above, he has been unable to confirm the Defendant's whereabouts and location. BY: Leo 171 orth Front Harr~sburg, Pa. (717)234-4178 Street 17102 Attorney for Plaintiff Attorney ID# 15700 Sworn to and subsFfibed before me on this~ daX of SJfr, 19C1' J ~{D~ary) t;U[/~.~lM Sf^'- f.1.l;\n(;.t tl P!:',:i'!, '1'\!.,-,lvr..ljl'lIr. h'p 'li~').r~ :'<..~-,,~ ::,i~r:ty r." ,., "" , .'" "( I 0 1,'0" ',Ii \..(,):I1'\1..~'''' - ',.' ,,~I i.lJ . '-. OJ;) SHERIFF'S RETURN - NOT FOUND CASE NO: 1997-01630 P COMMONWEALTH OF FrNNSYLVANIA: COUNTY OF CUMBERLAND FORD CONSUMER DISCOUNT CO VS. R. Thomas Klin<> . Sheriff, who being duly sworn according ~. I I~ ! COLEEAUGH FRANK D to law, says, that he made a diligent search and inqUiry for the within named defendant, to wit: COLEBAUGH FRANK D 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 COLEBAUGH FRANK D FIFTEEN ATTEMPTS AT SERVICE WERE MADE. BUT WE WERE NOT ABLE TO LOCATE DEFT 8EFORE PAPER EXPIRED. Sh,=riff's Costs: Docketino Service - Affidavit SurCharge 18.00 12.40 .00 2.00 So answerS": ... ," '----..-:"_.~...::;../ /" ...1 ........~_.(.,........< .../.. /'r k. I rho mas K11ne,~~her1Zz S~~.40 PURCELL, KRUG & HALLER 08/27/1997 S~orn and subscribed to before me this day of 19 A. D. i'ror.honotary " I FORD CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff FRANK D. COLEBAUGH, Defendant CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE , , I i I . I I VS. NO. 97-1630 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. . DATE: December 2, 1997 HALLER BY Le 17 9 North Front Street Harrisburg, Pa, 17101 Attorney for Plaintiff Attorney ID# 15700 . . '- ~' - 0: c:; (; .' ,~ c'::' 11IC~ , (.)~.; . r~: ' . 1:,_, ~; -, .... -, I ':.1' ; .... G:~: ; c, :J I' ; ILl.. , c.;.. L:. ,... --, U c::' U SHERIFF'S RETURN - REGULAR CASE NO: 1997-01630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD CONSUMER DISCOUNT CO VS. COLEBAUGH FRANK D DAWN L. KELL CUMBERLAND County, Pennsylvania, who to law, says, the within COMPLAINT - upon COLEBAUGH FRANK D . Sheriff or Deputy Sheriff of being duly sworn according MORT FORE was served the defendant, at 1635:00 HOURS, 1997 at 14 WEST LISBURN ROAD BOWMANSDALE.. PA 17008 on the 4th day of December County, Pennsylvania, by . CUMBERLAND handing to SERVICE WAS MADE PURSUANT TO COURT ORDER BY POSTING ADDRESS a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 18.00 7.44 6.00 2.00 6~~.44 So answerr ~~~~ R. Thomas K11ne, Sher111 PURCELL, KRUG & HALLER 12/10/1997 by c;:Jo..wn ~. ~ Deputy Sher111 Sworn and subscribed to before me this lo!:-' day of ,<Ii,~ _ t...; 19 'i1 A.D. ~) u- C. ))~ ,Wd; f1 ~rothonotary-r SHERIFF'S RETURN - U.S. MAIL CASE NO: 1997-01630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD CONSUMER DISCOUNT CO VS. COLEBAUGH FRANK 0 R. Thomas Kline . Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, served the withi" named DEFENDANT. COLE BAUGH FRANK 0 by United States M~;l oostage prepaid, on the 4th day of December 1997. at 1100:00 HOURS, at 14 WEST LISBURN ROAD BOWMANSDALE" PA 17008 . CUMBERLAND County, a true and attested copy of the attached COMPLAINT - MORT FORE together with NOTICE Additional Comments: UNOPENED ENVELOPE WAS RETURNED TO THE SHERIFF'S DEPT. ON 12-09-97 AT "MOVED ND LEFT NO ORDERS." Sheriff's Costs: Docketing Service Postage Surcharge So answers:~ ~ ~/ ~ , -;f6~4/ /~) R. omas Kl~ne, Sher1tt 6.00 .00 .96 2.00 e8.gb fURCELL KRUG AND HALLER 12/10/1997 SW9rn and~ubscribe~ ~o b~fore me th~s /u - day of ~"" (i< 19 Cl7 A.D. ~!A.- r.. '-rIA",-,-.. ,.fl~ I ft'rotnonotaryTX \ \ ... . .I .~.~1W'ot2foradtl1ionllMMol'. 'I -ComP<<- non. 3, 41, and 4b, I . PM!: )'OUt I\ImIIt'd add,.., on tM ........ clINt form 10 thai WI! can "1111 thI1 _10_ IAltach thIt 10m to the front of the mallpIeot, or on the bide "apace doll noI !! _~_ R<<*PI R_ocron Iha mallHca balowlllO _ runbar, t:i 'The Altum Rtc*pt oM. show 10 Vlh:lm lhIlIlUdI wu deIvMd wi the dill gdallYarad, 13. Mele AddrealS8d to: Frank D. Colebaugh 14 ~lE!Ilt Lj,'3burn Rei. Bowmansda1e, PA 17008 Z 332 4b, Service Type o Registered '5lI Certified o Express Mell 0 Insured o Return ReceIpt lor Me_sa 0 COD 7, Dele 01 Delivery 5. Received By: (Print Name) I else wish to receive the loIIowIng 8Ilrvlces (for an e_Iee): i 1, 0 AddreSS8e'e Addrll8ll 2, 0 Reslr1cled Delivery Consult pestmesler for fee. I 4e. ArtIcle Numbe' J .. 1 ~ I J .' 8, Addressee's Add,..... (Only II requested and IHIs paid) " , ; l 8, SlgnellJre: (ArJdlllSSH or Agent) .!I X PS Fonn 3811, December 1994 '02595-9r,B-O'79 Domestic Retum Rece pI :\';~~?ZJ~~<(;{.~J~";T;~'~!~>"~;~~"11i7J ~Iia"~ . . "'",' "~",', ,'. ...., "'?:u~',"I..,,,~w'''''{,:::r.-''''nl.'>''.'''~l"f'''':1';1;':.i''.''~~'~''i: pA)( "17) 233-11". . .y,:,\t.... .,";}1'f'i';;.1; :,.~t",.~:-.....~.-."... ., "'l"i4."~.;.."t...,\...:r.i5~ ^.o!," ., ....." ". ',,' ,:~_..'~'>.'~,~:~;~f:~~i'{.:\~y;'?t2J~~:;f~-~;e?{f~~i~~~~:iW'~~5~:~~~ FORD CONSUMER DISCOUNT COMPANY,: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Cl7 - /t.3ll ewJ ~~ VS. FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice 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. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone (717)240-6200 NOT I C I A Le han demand ado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se defiende, 1a corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. TRUE COPY FROM RECORD In T~s~imony whereof, I here unto sot my hand and th~ s~ of said Court at Carlisle. Pa. "Th'>lc;, r dapo'4t!;:~~t'~\9;0~ rothonolary FORD CONSUMER DISCOUNT COMPANY, PLAINTIFF . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. VS. . . . . FRANK D. COLEBAUGH, : DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, FORD CONSUMER DISCOUNT COMPANY, is a corporation with an office at 11311 Cornell Park Drive, Cincinnati, Ohio 45242. 2. Defendant, FRANK D. COLE BAUGH , is an adult individual whose last known residence is 14 West Lisburn Road, Bowmansda1e, Pennsylvania 17008. 3. On or about December 22, 1995, Defendant executed and delivered a Mortgage Note in the sum of $39,342.28 payable to FORD CONSUMER DISCOUNT COMPANY, (original mortgagee), a copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1297, page 102, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008, and is more particularly described in Exhibit "B" attached hereto. I i I I I I, If, II , I 6. Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $13.68 per day from 10/1/96 to 4/1/97 (based on rate of 12.75%) (c) 5% Attorney's commission $ 39,181.00 $ 2,462.40 1.959.05 $ 43,602.45 * TOTAL *Together with interest at the per diem rate noted in (b) above after April 1, 1997, and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "CU. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in rem for the aforementioned total amount due together with interest at the rate of 12.75% ($13.68 per diem), together with other charges and costs, including escrow advances incidental thereto, to the date of Sheriff's Sale, and for foreclosure and sale of the property within described. PURCELL, KRUcys? HALLE I -c: ,.- /1 .b' By ,,/ ,,?<"~ " L on P. Ha ler Attorney for Plaintiff I. D. 1115700 1719 N. Front St. Harrisburg, Pa, 17102 (717) 234-4178 " tfII/'8lr ~(t r.1~',"',", " n "~. . - NOTE BORROWER: fRANK Q. COlEDAUGII lENDER: fORO COHSUMER OISCOUHI COMPm mo lIll",H DRIVE sum 101 DENSAlEH. P.I, 1902Q'2032 ):... '.;.l. '" -I: 'm.' and "my' refer 10 ,hi borrowlIl.) nam,tJ .bov.. 'You" Ind 'VOUl' r.f., to ,hi I.nd., namld .bo~', ,(a $ I promi.. 10 PlY you. I' your ollie.. the .ddrl.. 01 which i. .hown .bov., or I' II dlll.r.nt pl;~l required by you, thl Principal .,.t,d .bo"l toge1h., with Inl.,n' c.lculat.d It Ihl Agr..d RI.II O' Inlul.I.. determined below until'ull'l' p.id. ., I will tlPIY mvloln by mlkba I payment Ivery monlh. . . , each plymtntl mike will b, Ippli,d fill' 10 in I...., owed 10 Ihl dill 01 payment and \hI IImairid., tc Ihl principII balanel. . 1'0""" 11m/IB REPAYMENT AOREEO RATE OF INTEREST DEfAULT ~I ,;' U 'IIESI lIS0URH ROAD OQIIHANSOAlE P4 1700B \'--., S JO.JlZ,28 Paymlnl(.) in the .mount{.) shown b.lowwill b. dUlu .hown b.low. AMOUNT DUE DATEIS) S 435.10 a.ginning 02101/96 S 05.10 a.ginning OJ/0"96 S ,00 a.ginning S ,00 a.ginning S 30.601.51 01101111 All .mounl. oWld will b. dUI .nd p.y.hl. on thl Finll P.ymlnt O.tl ,hown .bo..... ~ 1/ ,hit bOl( " ch"hd. ,III (ollowing proll/,ion Ippliu. ~ and.no~r Th. A11'rN~' i f. My lOin is ply.bl. in full .llh. .nd 01 15 y"'ls), A p.ym.nt of S llmount. ow.d will b. du. .nd PIY'~ Ih. Fin.! Paym.nl 0.1. MorIO'O' Ttanuclion Parity Acl 011982 \io....rns Ihi. loan, 30.601.51 .hown abovl. Tho Ao,nd Aall ollnt.'ln on my loan i. 12.750 "" IItclpl II ,tat.d bilow, o If 'hi, bOl( i. ch.chd. th. (ol/owing provilion .ppli" monlh. Ih"..r.." Ih. A'''.I,~ Flam the Ill. CliVI dlt.l') .hown b.low .nd fot of Inl.,c,1 on my lOin will b.: AGREED RATE OF INTEREST EFfECTIVE DATE , Olo Olo '" Btginning 12128/95 Btginning a.ginning Th.n Ihl Ag,nd nat. ollnt.r." will b. 1hallit,t .1.lld .b~"'I, #.4 r 1 -0'" to p'y inl.nu on Ih, p,incipII b,l,nc, r.mlining ,1I.r lh, Malurity Oal' shown .bo.... :1' tt Agrud nil. ollnt.,a.1 in ,lItcl on Ihll da". unlillh. loin i. p.id in lull, I will III in d.l.ult it II.ilto pay any plymlnt or p.rt 01 a paymlnl on liml or illllillo comply wilh I of Ih. IlIml ollha MoMoao. on Ihl r..1 111.1. giv.n II IIcutity for thi. lOin. - II I tJ.llull. you h..... th. .iahl 10 d.c1ar. th. .nlira unpaid .mounl of my lo.n immldi.t.1y du. I pay.bl. WIthout givino m. nOlic. (,1 1h. d.hul1 0' liking ml to pay. II Ihi. Nol. i. IIcu,.d by a mob hom.. I will b. giv.n I no tic. 01 my righllo cur. . d.r.ull if I 1m .nlitl.d 10 this nollC', II you d.d,,1 : bal.ncI 01 my lOin dUI and ply.bl.. you hlVI th. ,ighlS .nd um.diu p,o...id.d for in lhl MOr1g.g. II ..,cu'" Ihi. lo.n. includlnD Ill. ,igh11o raquill ml 10 plV .ny d.lici.ncy. POUll 1 of 2 NOTICE: 500 odcJitlonnl pl'lOOS (or odditlonelloan torms. " f t~y.(, ~ _7~.. ~, ''1i-, .~ ;1' r;: ATTORNEY FEES PREPAYMENT BAD CHECK CIIARGE OELAYIN ENFORCEMENT I -0'" 10 PlY ,...onlbl. Ino,nlY', f... ."hi, Not. i. ..I.u.d fOfcoll'Clio" 10 In ,nolnlY ",ho I, n yo", ..l.ri,d Implo,;,lO. I hlVI th. flghllO ply in advancI .t .ny tlm..1f I pr.p..,. in full. no PI" ofth. lOin I.. WIll b, "Iund,d. II anv chec~ Of inl'rum."t gi'Vln II paym."t on Ihi. lnd.bl.d"... i. di'honOfld, I ao,.. to PI., . "M. eh'fOI of $20 00. Vou Cln dillY .nlorcing your righl' under thi. Noll without 10 ling th.m. It I d.lll.th in complying .,.; anv ollh. '.,m, at my lo.n and you do nol dlel.,. the lOin bal.nce Immldi.t.ly dUI and plyabl., U do.. n01 mun you unnot do 10 in Ih, 'ulUf. ill dllault lalin. SECURITY FOR THIS LOAN I OivI you. Mot10'OI dat.d Ih, 11m. dill II thi, Nol' 10 ...ur. paym.nl 01 mv lOIn. 1h, Fed.nl OlpO.ilory In.litution. O.regulAtion and Mon.t.ry Control Act 01 1980 govun. c."ain provi.ionl ollhillo.! OY SIGNING IN TIlE SPACE BELOW, I ACKNOWLEDGE TlIAT I HAVE RECEIVED A FULLY COMPLETED COPY OF TO NOTE, /'/~k~ W,tn... ~"Ahk~ D. dttu.L / /;>/, o. Win... o. I' Paoe 2 01 2 NOTICE: 500 additional pogos for odditlonolloon torms, ,. ~. " 01/13/97 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Ford Consumer Finance 1131l Cornall Park Drive, Suite 300 Cincinnati, OH 45242 TO: Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co., Inc. (Hereinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd, Bowansdale, PA 17008 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for tho lUonthn of 11/01/96, 12/01/96, 01/01/97. Late charges (and other charges) have also accried to this date in the amount of $1144.77. The total amount now- required to cure this default, or in other words, geE caught up in your payments as of the date of this letter is $1304.70. You may cure this deEaul t wi thin THIRTY (30) DAYS of the date of this letter, by oaying us the above amount iE $1304.70, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order to: FORD CONSUMER FINANCE CO, INC. 11311 CORNELL PARK DRIVE, SUITE 300 CINCINNATI, OH 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay of f the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they design legal proceedings against you, you will still have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required topay attorney's fees. We may also sue you personally for the unpaid prinicpal b/HI3 (or 'V( I' , balance and all other sums due under the mortgage. If IOU have not cured the default within the thirty-day per od and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortgago requirements to be cured , other than a default in payments) . It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 07/13/97. A notice of the date of the Sherif f' (J sale would be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200. This payment must be made in cash, cashiers check, certified check or money order and payable to the add~ess stated above. You should' realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. You do not have the right to transfer the property to another person subject to the Mortgage, nor would any transferee have the right to cure the default. ~le have granted no right to refinance your obligation, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three times in any calender year. FORD CONSUMER FINANCE CO., INC. BY: Dave Mcneal Please call 1-800-753-3673 for information regarding home ownership counseling agencies near your home. Such agencies may be able to provide you with important information in connection with your mortgage loan, If you want to discuss your account with us. please call the number listed above. " 01/13/97 ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notification en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa, si no comprende el contendio de esta notificacion abtenga una traduccion-immediamente llaman esta agencia (Pennsylvania Housing Finance Agency) sin cargo al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance prorgam" el cual puede salva su casa de la perdida del derecho a remdimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. MORTGAGE DATE: ACCOUNT#: TO: 01/13/97 03375386-0359816 Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 PROPERTY ADDRESS: 14 West Lisburn Rd Bowansdale, PA 17008 FROM: Dave Mcneal Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive, Suite 300 Cincinnati, OH 45242 You may be eligible prevent foreclosure on the provisions of the for financial assistance that your mortgage if you c?mply Homeowner's Emergency Asslstance will with Act I Page 2 of 1983 (the "Act"). You may be eligible for emergency for emergency temporary assistance if your default haa been caused by circumstances beyond your control, you have a reasonable prospect of resuming ~our mortgage pa~nents, and if you meet eligibility requlrements established br the Pennsylvania Housing Finance Agency. Please read ~l of this Notice. It contains an explanation of your rights under the Act, you are entitled to a temporary stay of foreclosure on ~our mort~age for thirty (30) days from the date of the Not~ce. Durlng that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated connumer credit counseling agency. The purpose of that meeting is to attempt is to attempt to work (')'It ,1 1"'p,lYltll!llt plan, or to otherwise settle your delinquency. 'I'llu IIl1wtlll!J IIIlIflt occur in the next thirty (30) days. If you int-end a "face-to-face" meeting with thill lender, or with a consumer credit counselin<;l IIg'Jncy idonti fied is this notice, no further proceedlngn in tho mortgage foreclosure may take place for thirt~ (3D) dllYIl after the datE: after the date of that meotlng, The namo, and telephone number of our representative ill: Dave Mcneal Ford Consumer Finance Company, Inc, 11311 Cornell Park Drive, Suite 300 Cincinnati, OH 45242 (513) 530-2200 The names and addresses of the desigl1llted consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one "face-to-face" meeting. You should advise this lender immcdiately of your intentions. Your mortgage is in default because rO'1 h,IVc [.1 i led to pay promptly installments of principa /lnd illtereDt, as required, for a period of at least sixty (60) days. The total of the delinquency is $1304 70. This sum includes the following: . PAYMENTS OF $435.10 F'OR TilE MONTHS OF' 11/01/96, 12/01/96, 01/01/97 If you have tried and are unable to resolve this problem at or after your "faco-to-face" meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of Page 3 the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out :(our application and will submit your completed appl~cation to the Pennsylvania Housing Finance Agency. It must be filed or post-marked within thirty days (30) days of your "face-to-face" meeting. It is extremely important chat your file your application promptly. If you do not do 50, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria ~stablished by the Act. It is extremely important that your application is accurate and complete in every respect. 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 that Agency of its' decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front St/P.O. Box B029/Harrisburg PA 17105. The telephone number is (717) 780-3800 or 1-800-342-23897 (toll-free number). Persons with impaired hearing may call --800-342-2397. In addition you may receive another notice from thin lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. ::i l\\'~l ~ \. r. L~~\." ~)n~":i.t r'r':.:~' ,....~:..'.~,I\:~':' ~..'~~'~I:.\. r',.- '~'r' ..,' . . . ... ~ . ". ,I'!. ~ ,. , ! '. ~ NOTICE OF INTENTION TO FORECLOSE MORTGAGE April 5, 1996 Ford Consumer Finance Co., [nc, [131 [ Cornell Park Drive, Suite 400 Cincinnati. Ohio 45242 TO: Frank Colebaugh 14 West Lisburn Rd. Bowmansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co" Inc. (Hereinafler "we", "us" or "ours") on your property located at 14 West Lisburn Rd. IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 2/1/96, 3/1/96,4/1196, and/or because N/A. Lale charges {and other Charges} have also accrued to this date in the amount of $[ ,305,30, the total amount now required to cure this default, or in other words, get caught up in your payments as of the date of this letter, You may eure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,305.30, plus any additional monthly payments and [ate charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made to: FORD CONSUMER FINANCE CO., INC. 11311 CORNELL PARK DRIVE, SUITE 400 CINCINNATI, OHIO 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed wiII be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of deFault is not made within THIRTY (30) DAYS, we also intend to instruct our attorney,~ to start a lawsuit to foreclose your mortgaged property. Ir the mortgage is foreclosed, your mortgaged property will be sold by the sheriff tll payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they design legal proceedings against you, you wiII still have to pay the reasonable attorney's fees, actually incurred. up to 550,00, However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over 550,00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs, If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortgage requirements to be cured, other than a default in payments) NI A, It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately October 5, 1996. A notice of the date of the Sheriff's sale would be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait, You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200, This payment must be in cash, cashiers check, certified check or money order and made p;lyable to the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit coul~ be started to evict you. You have additional rights to help protect your interest in the property, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. You do not have the right to transfer the property to another person subject to the Mongage, nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HA VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However you are not entitled to this right to cure your default more than three times in any calendar year. Ford Consumer Finance Co" rne, Ily: Greg Kunkel Please call 1-800-753-3673 for infonnation regarding home ownership counseling agencies near your home, Such agencies may be able to provide you with importa,nt infonnation in conn.ection with your mortgage loan, If you want to discuss your account with Ford Consumer Fll1ance Co,. Inc,. please call the office identified above, .' 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 have the right to arrange a 'face-to- face" meeting with a representative of this lender, or with a designated consumer credit counseling agency, The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency, This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender. or with a consumer credit counseling agency identified in this notice, no further proceedings in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Greg Kunkel Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive Suite 300 Cincinnati, Ohio 45242 (513) 530-2200 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting, You should advise this lender inunediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required. for a period of at least sixty (60) days. The total of the delinquency is 51,305.30, That sum includes the following: Pavments of $435.10 for the months of 2/1/96. 3/1196. 4/1/96. If you have tried and are unable to resolve this problem at or after your face. to-face meeting. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund, In order to do this. you must fill out. sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency, It must be filed or post.marked within thirty (30) days of your face-to-face meeting, It is extremely importal/tthat you file your applicatiol/ promptly. If you do /lOt do so or if you do I/ot follow the other tillle periods set forth in this letter, foreclosure may proceed agail/sl YOllr home immediately. A vailable funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. It is e,~tremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has si.~ty (60) days to make a decision after it receives your application, During that additional 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 that Agency of it's decision on your application, I I , I lit .. I 0 - ~ q ~ .. 0 ... oj . ,; ~ I I 1 \ i \ I 1 ( ( I f' I '.''',.. ':' , :,....~..,.;., -- ..' . ,..., " ~....." ~ t '&)~: s c. Or ' t~ I.. l., ;'13f\/"~" , \-.\ ' ' ;. i 1")f L,V.,,' , I I I ~= ~ <('_ 0 -J .. Q)""" a:!:U~ w :> '" CO Ul CT ,- ::E III Ul ~ ::l.cCll~ U..~in' u....Oc: OO€g , >- III :> a.. f- U 0 . Z .- () ~ ::l= ~,!!! 00 'C U (3 ,~ ~ \. .c:,o ~ eno:: ~ ::l~/ ~~ QJ/::l r<.o ',- o Ul Ql U,.-t.-l"\ ..:l11l . 'tl O.....Ul Ul C .l<:QlI1l ~ 3 ~__ ~'<l" 0 I<. .-< to \ \ ~, .~~ -:+. "J - --' (--, ..... ...--.... '\ " ~;.;' ~"'" /? ~.._ c ~ ' " (-- '\ " ~~lt/Pfr~~,1l ..-r.~~'~ . '; '" :-~; .' ;: ~ ~.~o '. ',,\I'/i .. ';:-- ~';. r~-': ;.., .; .,j;;~~; " ..-. ....- -f'-, u,:.:: ~,'" '~.~ ~i. ~'." , . i-w1e't~l~\'I>Tr-l.{t 'tl."r....; t": ~"lt"'>".'.nlJ!PHON8i"'1'~17a' PAXC117'Ia.:J3.tl40,:.-, ~!T-;:::,);',-:.l:~;~,:,;, _.' .,.:'~,.'~:,~:, '_ 'c. ~= 7: I , : ,.... FORD CONSUMER DISCOUNT COMPANY,: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CJi- /t,30 ewJ ~~ VS. FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice 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 tha~ 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. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone (717)240-6200 NOT I C I A Le han demand ado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted'TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the seal 01 said Court at Carlisle, Pa, __ Th~l~,~~ ~~ L~~~'~:5 \ 19/ ~~ Prothonolary I I' I, I I f i f - r VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. FORD CONSUMER DISCOUNT COMPANY, PLAINTIFF FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, FORD CONSUMER DISCOUNT COMPANY, is a corporation with an office at 11311 Cornell Park Drive, Cincinnati, Ohio 45242. 2. Defendant, FRANK D. COLE BAUGH , is an adult individual whose last known residence is 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008. 3. On or about December 22, 1995, Defendant executed and delivered a Mortgage Note in the sum of $39,342.28 payable to FORD CONSUMER DISCOUNT COMPANY, (original mortgagee), a copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1297, page 102, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 14 West Lisburn Road, Bowmansdale, Pennsylvania 17008, and is more particularly described in Exhibit "B" attached hereto. 6. Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $13.68 per day from 10/1/96 to 4/1/97 (based on rate of 12.75%) $ 39,181.00 $ 2,462.40 (c) 5% Attorney's commission TOTAL 1.959.05 $ 43,602.45 * *Together with interest at the per diem rate noted in (b) above after April 1, 1997, and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice o'f intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No.6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "Cu. '.Ij ~.: . .; ....:-.:. NOTE LENOER; fORO COHSUMER OISCOUNI COMPANr ma IILLHlN aRlyE SUIl[ 101 BENS.lUH. Pi 1902D'10ll DORROWER: fRANJ: O. COlEOAUGIl .... U VEST lISDURN RCiO OQwHANSOALE PA 11008 I"""'" 12/22/IS :;.. 1.~' ';ol. .,: 'm" and 'my' t,h, 10 the borrow.rl.) nlm,J ,bov., 'You' and 'you,' "I" 10 thl land., namad aba... ~ .ld; REPAYMENT I promi.. 10 p.., you. I' YOUI olliel. lh, add,... 01 which I. .hown .boy., or It . dlll".nt pl,cIlt "q.Uitld by you, thl Principal ,ttllad abolll logallla, wilh Int"..t "Icul.t.d I' the Agrud Riil 0' Inlll'" I' dll.rmined below unlil fully paid. ;~ I wllIl.pay my lOin Ly making' payment 1\11'" monlh. .' . each paym.ntl make will b, appli,d finlto int"..1 owed to thl dll. 01 patmant and \hI lIm,ind., to thl principal balanc.. ~ I"~~ S J9,3'2,28 AMOUNT OUE DATEISI S ,u5.IO a.ginning 02/01/Q8 S "35.10 a.ginning 03/01/96 S .00 alginning S .00 a.ginning S 30,601.51 01101/11 raymenll_) in thl amounll.).hown b,low will b, due III shown below, All amount. owed will b, due and plVlbl. on th. Final Payment 0.." .hown abov.. My 101" is payabl. in full 111ht Ind 01 15 YI.rll). A p.yment 0' S ,amounls owed will b, dUI and payabl, on thl Fin.1 Payment O.lt M0r1010t rnnuclion Parity Acl d. 1982 govltnl thi, lOin. 30.601. ~~ .hown .bo\-.. ~ .. .nd.llollitl The Alllm.llV, .'qj ,. o If rill' bOI(;' chld.ed. ".. lollowing provision Ipplil.. AGREED RATE OF INTEREST Tho AO,..d Rail c.llnt.,u' on my loan I. 12.750 % netpl U I'alld bllow. From thl .lftCliv. dlll(l) shown below and lor ollnll'''' on my lOin will bl; mon"" "..".1.." ".. AI"j~ D If this bOI( i# chlchd. thl (0f10W;t1~ plOYilion .ppliu. AGREED RATE OF INTEREST EFFECTIVE DATE " " .. a.ginning 11128/95 B.ginning B.ginning Th.n Ih. Agr..d nil. of Inl.t.11 will b. Ihll liul.lllld Ib:v.. '.:f f. DEFAULT liar.. to PlY inl.tlll on th. principII blllnc. r.mlining IfI.r the MllurilV 0.1. shown lbov. fat It- Aor..d R.I. ol'nl.r,,1 in ,U.CI on Ihal dlt., un III Ih. lOin i. plid in lull. ' I willLJ. in d.l.uh ill I.illo plV .nv plym.nl or plrt 01 . paym.nt on lim. or ill ftill~ comply with " ollh. 1.1mS ollh. Mortg.g. on th. r..1 ",.1. given .. IIculilV fat this lo.n. II I d.l.ull. you h.v. Ih. riahl 10 d.cl." Ih. .nlir. unp.id .mounl 01 mv lo.n lmm.dl.l.ty dll' . ".yabl. wilhouI giving m. nOlie. c.l Ih. d.l.ult or liking m. 10 PlY. Illhi. Nol. i. IIcuftd by . mob hOln.. I will b. giv.n . nolic. of my tight 10 cur. . d.l.ult If I .m .ntltl.d 10 this nOIIl:'_ II .,OU dtcl." 1 b.ll.tnc. 01 my lo.n due .nd p'V.bl.. you hiv. Ih. riahll .nd r.m.diu provid.d 101 in th. MortO';' It IIcurll this lo.n. including Ill' fight 10 r.quit. m. 10 P'Y Iny d.lid.ncy. fp/M IT "It '/ Pouo 1 of 2 NOTICE: 500 additional pages for odditionallonn (arms. " lY.'il , ~. ~~. tli ;" r '. " ATTORNEY FEES PREPAYMENT OAO CHECK CIlARGE DELAY IN ENFORCEMENT I 10'" to pay ,...onabl. InolnlY" I.., ,'Ihi, Noll I, ,.,.",d lou;olllclion 10 an ,nolnl.., Ywho I, n your ..1.,I,d Imployu. I hlv' lh. IIOhl10 PlY In advance It any tim.. III PI,PIY in lull, no put oltha 101" I.. will b, ,.lunded. II any chick 01 in.tlumanl givI" II plymanl on Ihi. Ind.blld"... I, dl.hono,.d,1 '0'" 10 pay. urv;, chafOI 01 $20,00, You cln d.IIY tnlofcing your right 1 und., lhi, Noll without lo.ino lham. If I dahullln complying wi any of lh, '11m. of my lun and you do not dlela,. Ih, lOin balanel immldil'.ly dUI and plyabl., U- do.. not met" you c.nnOI do '0 In thlluM' it I d,I.",II'O,I". SECURITY FOR nus LOAN I oiva you. M0r1Q1o' d,l,d lht urn. d.l, .. this Noll to ."UI, ptymanl 0' my lo.n. Th. F,d".t aapOlilOI)' Inltilulionl OIl'Qulalion and Mon.ury Conllol Act 011980 gOVSln' c.rtain ptavilion. allhlsloar OY SIGNING IN TIlE SPACE OELOW, I ACKNOWlEOGE WAT I HAVE RECEIVEO A FULLY COMPLETEO COPY OF TI- NOlE, tiff ~~ Wiln'.. ~...~ D. tMh'i'- /;;/,., o. Wiln... O. I' Pogo 2 01 2 NOTICE: SOD additionol paoos for oddillonlllloan torms. Pl]OI)Ofi111 ALL THA'r CBR'rAIN tract or parccl ot land oituatc in the Village of Ilowmanodale, Township ot Uppcr Allen, County ot Cumberland and State ot Pennoylvania, bounded and dcscribed as follows: BEGINNING at a corneL- of Lot No. ./ 'und the public road known as Lisburn Road (formerly refen"cd to as Went Street); thence by said Street known as the Liabul'n Road, South 72 dcgreea Weot forty (40) feet to Lot No.9; thence by said Lot, North 10 degrees West, onc hundred tifty (150) teet to Summit Alley; thence by said Alley, North 72 degrees Eaot, forty (40) feet to , Lot No.7, aforementioned; thence by sald Lot No.7, South 10 degrees Bast, one hundrcd flfty (l50) feet to the point and place of BEGINNING. HAVING thereon erected a single family dwelling house. bOOK 1297 rm 10.t t./H16/7 IiJ <I , ..' .... - .. 01/13/97 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Ford Consumer Finance 11311 Cornall Park Drive, Suite 300 Cincinnati, OH 45242 TO: Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co., Inc. (Hereinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd, Bowansdale, PA 17008 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 11/01/96, 12/01/96, 01/01/97. Late charges (and other charges) have also accried to this date in the amount of $1144.77. The total amount now- required to cure this default, or in other words, geE caught up in your payments as of the date of this letter is $1304.70. You may cure this defaul t wi thin THIRTY (30) DAYS of the date of this letter, by oaying us the above amount if $1304.70, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier I scheck, certified check or money order to: FORD CONSUMER FINANCE CO, INC. 11311 CORNELL PARK DRIVE, SUITE 300 CINCINNATI, OH 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they design legal proceedings against you, you will still have to pay the reasonable attorney's fees even if they are over $50.00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required topay attorney's fees. We may also sue you personally for the unpaid prinicpal '.......-:. ( ' blr/~ (7"' C/ balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus late or other charges then due, as well as reasonable attorney's fees and costs connected with the foreclosure sale and (state any default in mortgage requirements to be cured , other than a default in payments) . It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 07/13/97. A notice of the date of the Sheriff's sale would be sent to you before the sale. Of course, the amount needed to cure th~ default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200. This payment must be made in cash, cashiers check, certified check or money order and payable to the add~ess stated above. You should'realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. You do not have the right to transfer the property to another person subject to the Mortgage, nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY JI.NY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three times in any calender year. FORD CONSUMER FIN~~CE CO., INC. BY: Dave Mcneal please call 1-800-753-3673 for information regarding home owner~hip counseling agencies near your home. Such agenc~es may be able to provide you with important information in connection with your mortgage loan. If you want to discuss your account with us, please call the number listed above. 01/13/97 ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania'S Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notification en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa, Si no comprende el contendio de esta notificacion abtenga una traduccion-immediamente llaman esta agencia (Pennsylvania Housing Finance Agency) sin cargo al numero mencionado arriba. puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance prorgam" el cual puede sal va su casa de la perdida del derecho a remdimir su hipoteca. ACT n NOTICE IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. MORTGAGE 01/13/97 03375386-0359816 Frank Colebaugh 14 West Lisburn Rd Bowansdale, PA 17008 PROPERTY ADDRESS: 14 West Lisburn Rd Bowansdale, PA 17008 DATE: ACCOUNT#: TO: FROM: Dave Mcneal Ford Consumer Finance Company, Inc. 11311 Cornell park Drive, Su~te 300 Cincinnati, OH 45242 You may be eligible prevent foreclosure on the provisions of the for financial assistance that will your mortgage if you comply with Homeowner's Emergency Assistance Act Page 2 of 1983 (the "Act"). You may be eligible for emergency for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming ~our mortgage payments, and if you meet eligibility requ~rements established br the Pennsylvania Housing Finance Agency. Please read al of this Notice. It contains an explanation of your rights under the Act, you are entitled to a temporary stay of foreclosure on ~our mort~age for. thirty (30) days from the date of the Not~ce. Dur~ng that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt is to attempt to work out a repayment plan, or to otherwise settle your delinquency. The meeting must occur in the next thirty (30) days. If you int-end a "face-to-face" meeting with this lender, or with a consumer credit counseling agency identified is this notice, no further proceedings in the mortgage foreclosure may take place for thirt~ (30) days after the date after the date of that meetlng. The name, and telephone number of our representative is: Dave Mcneal Ford Consumer Finance Company, Inc. 11311 Cornell Park Drive, Suite 300 Cincinnati, OH 45242 (513) 530-2200 The names and addresses of the designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one "face-to-face" meeting. You should advise this lender immediately of your intentions. Your mortgage is in default promptly installments of required, for a period of total of the delinquency the following: because you have failed to pay principal and interest, as at least sixty (60) days. The is $1304.70. This sum includes PAYMENTS OF $435.10 FOR THE MONTHS OF 11/01/96, 12/01/96, 01/01/97 If you have tried and are unable to resolve this problem at or after your "face-to-face" meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of ,I Page 3 the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out ~our application and will submit your completed appl~cation to the Pennsylvania Housin~ Finance Agency. It must be filed or post-marked with~n thirty days (30) days of your "face-to-face" meeting. It is extremely important that your file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria ~stablished by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agenc~ has sixty (60) days to make a decision after it rece~ves 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 that Agency of its' decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front St/P.O. Box 8029/Harrisburg PA 17105. The telephone number is (717) 780-3800 or 1-800-342-23897 (toll-free number) . Persons with impaired hearing may call --800-342-2397. In addition you may r.eceive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under, Pennsylvania law. However, if you choose to exerc~se your rights described in this notice, you cannot be ,foreclosed upon while you are receiving that ass~stance. Sincerely, Dave Mcneal FORD CONSUMER FINANCE, CO., INC. Enclosure CERTIFIED MAIL, RETURN RECEIPT REQUESTED '. ~ NOTICE OF INTENTION TO FORECLOSE MORTGAGE April 5, 1996 Ford Consumer Finance Co" Inc, 11311 Cornell Park Drive, Suite 400 Cincinnati, Ohio 45242 TO: Frank Colebaugh 14 West Lisburn Rd. Bowmansdale, PA 17008 The MORTGAGE held by Ford Consumer Finance, Co" Inc, (Hereinafter "we", "us" or "ours") on your property located at 14 West Lisburn Rd. IS IN SERIOUS DEFAULT because you have not made the monthly payments of $435.10 for the months of 2/1/96, 3/1/96,4/1/96, and/or because N/A. Late charges {and other charges} have also accrued to this date in the amount of $1,305.30, the total amount now required to cure this default, or in other words, get caught up in your payments as of the date of this letter. You may cure this default within THffiTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,305.30, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made to: FORD CONSUMER FINANCE CO., INC. 11311 CORNELL PARK DRIVE, SUITE 400 CINCINNATI, OHIO 45242 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rights to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments, If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they design legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50,00, However, if legal proceedings are started against you, you will have [0 pay the reasonable attorney's fees even if they are over S50.00, Any anorney's fees will be added 10 whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. We may also sue you personally for thc unpaid principal balancc and all othcr sums due undcr the mortgagc. Ir you have not curcd thc dcfault within thc thirty-day pcriod and forcclosure procccdings have bcgun, you still havc thc right to cure thc dcfault and prevcnt the sale at any timc up to one hour bcforc the ShcrifC's forcclosurc salc. You may do so by paying the total amount of the unpaid monthly paymcnts plus late or othcr chargcs then due, as wcll as the rcasonablc attorncy's fccs and costs conncctcd with thc forcclosurc salc and (state any default in mortgage requirements to be cured, other than a default in payments) filA, It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately October 5, 1996, A notice of the date of the Sheriff's sale would be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 513-530-2200, This payment must be in cash, cashiers check, certified check or money order ami made payable to the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit coul,~ be started to evict you. You have additional rights to help protect your interest in the property, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT, You do not have the right to transfer the property to another person subject to the Mortgage. nor would any transferee have the right to cure the default. We have granted no right to refinance your obligation, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. Ir you cure the default, thc mortgagc will be restored to the same position as if no dcfault had occurred. However you are not entitled to this right to cure your default more than three times in any calendar year. Ford Consumer Finance Co" Inc. By: Greg Kunkel Please call 1-800-753-3673 for infonnation regarding home ownership counseling agencies near your home, Such agencies may be able to provide you with important infonnation in connection with your mortgage loan. If you want to discuss your account with Ford Consumer Finance Co,. Inc,. please call the office identified above. .. Under the Act, you are emitled 10 a temporary stay of foreclosure on your mortgage for thirty (30) days from lhe date of lhis Notice, During that time you have the right to arrange a "face-to- face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to allempt to work out a repayment plan, or to otherwise settle your delinquency, This meeting must occur in the next thirty (30) days. [f you allend a face-to-face meeting wilh this lender, or wilh a consumer credit counseling agency identified in this notice, no further proceedings in mortgage foreclosure may take place for thirty (30) days after the date of that meeting, The name, address and telephone number of our representative is: Greg Kunkel Ford Consumer Finance Company, [nc, 11311 Cornell Park Drive Suite 300 Cincinnati, Ohio 45242 (513) 530-2200 The names and addresses of designated consumer credit counseling agencies are shown on the allached shee!. It is only necessary 10 schedule one face-to-face meeting, You should advise this lender immediately of your inlentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, a5 required, for a period of at least sixty (60) days, The lotal of the delinquency is $1,305.30, That sum includes the following: Pavments of $435.10 for the months of 2/1/96.3/1196.4/1196. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance fund, [n order to do this, you must fill OUt, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the allachment, An application for assistance may only be obtained from a consumer credit counseling agency, The consumer credit counseling agency will assist you in filling oul your application and will submit your completed application to the Pennsylvania Housing Finance Agency, It must be filed or post-marked within thirty (30) days of your face-to-face mceling, II is eXlremely imporlallllhal YOIl file YOllr applicalioll promplly, If YOIl do 1101 do so or if YOIl do 1I0t follow the other time periorls ,ct forth ill this Ieller, foreclosllre may proceed agaillst yallr home immediately. Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after il receives your application. During that additional lime, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by that Agency of it's decision on your application, COMPANY NAME: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: .jj/~/CJ7 By /!"u ,,; d 0 (Y...wt.l.uv (/ Titleh.-<,,.,l.t,'lIt.,t. 8r.d,.,.v/' ~N.I/J.JI'-'d. . .~~\';~~~f~"'/::-;,.":,~:':,;' - j j:~-" ,- ~ ~ ' . '. .! 'H.:>:~:::: "..<' ,,~~~'~:\}l~~.~:~~i~( "'i,:', ,'~~'~ ~~~llll iit~-iJ~rc :,~lir-\1' ;~""",' ; ,'.'., 17111H,moNTlJTRI!iIT "':', "'."'fZ' ",' . "",,:,," I . _~--:. x~~ .. ~ ~ " "-, _' 1_' ~ '" ~ _~.,' 1 J _ ' _, <-,:to ' .:-." ~.jC~>:""->." , '. twvUSBURO.PA,"i7JCXI'2:JO:l::.. ~ .>. ./\- __~.~.~ <~\ ';J',"~~ \:it'~:i,'/t~' , ",,'. . fl" -.,o',,", .'" ;,;.-, -:.-.. ,.' V' -, V., '-"-~~~_',~-,~--;~~~.r,,~f,_~~c l'~'~":' ,~",~T"'':{i$,,,_~ "":(';""f_.,;'."",~1QN817111:l34-.-f1T8' " A\\X(7~11333'1I4IJ "-":,...'.",'.,1',.,,"',,,,.('::.....,,;"... ;~i.0t~F~\~;i~}S7 ;{: ::~ .~'<i . , : /'_: :', ': ,~: ::':-~, -~ :.; ~- ':':', \;;:: ;:';"_ :i:': .;', :,_~ ' ,1.:"'; -~' :.',~ :;' i;':' >'\:""~ !r;:'~~ ~'-.{ ~>:~4~T~I:I~~~i.} ~.f.f~:~~1;;',+~~-.;.\,<,ct?~"'--; " COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VS. NO. 1997-1630 CIVIL I I. i PLAINTIFF FRANK D. COLEBAUGH, DEFENDANT CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE PRAECIPE Kindly Settle and Discontinue the above matter of record. . TO THE PROTHONOTARY: BY'~ HALL'R v Leon P. Haller Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: Februarv 19. 1998 '- "I -... h~ ("; r,- ~:-: ."',.- ILlS? "l ._ I' '~ r~r:' .. L. \;~! (;):-; .=) ~."~ (....) ~ '" H'. - . ll.;'" ,-.011" C':..' "i'.tl u.: l'.l '!L"1- j-- L._ U_ ro :5 u 0' u