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HomeMy WebLinkAbout03-0312HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE Plaintiff VS. FREDERICK L. VANDOREN and YELENA O. VANDOREN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIIE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARiO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA pEP_DER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, Plaintiff VS. FREDERICK L. VANDOREN and YELENA O. VANDOREN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF 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 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 pgrtion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with 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 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, Plaintiff VS. FREDERICK L. VANDOREN and YELENA O. VANDOREN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE : : NO. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, a corporation whose address is 111 pRESIDENTIAL BOULEVARD, BALAPOINTE OFFICE CENTRE, BALA CYNWYD, PENNSYLVANIA 19004. Defendants, FREDERICK L. VANDOREN and YELENA O. VANDOREN, are adult individuals whose last known address is 365 WEST NORTH STREET, CARLISLE, PENNSYLVANIA 17013. On or about, January 20, 2000, the said Defendants executed and delivered a Mortgage Note in the sum of payab, le to HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, a copy of said Mortgage Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County conveying to original Mortgagee the subject premises. A copy of said Mortgage is attached hereto and made a part hereof as Exhibit "B". 5. The land subject to the Mortgage is: 365 WEST NORTH STREET CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $62,936.42 Interest to 12/13/02 Accumulated Late Charges $503.75 $174. $3,146.82 Attorney's Fee at 5% of Principal Balance $66,684.97 TOTAL **Together with interest at the per diem rate noted above after 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. No judgment has been entered upon said Mortgage in any jurisdiction. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A tree and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "D". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 0.0100% ( 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. By: ~ PURCELL, KRUG'& HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) LOAN ID# 1101570 NOTE Borrmver(s): FREDERICK L. VANDOREN nnd YE, LENA O. VANDOREN Tbis Note is for a loan with a principal amount greater than $50,000.00 January 20, 2000 [Date] [City] 365 W NORTH STREET, CARLISLE, Bornngb of CARLISLE, PA 17013 [Property Address] [State] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $68,800.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is HOMEAMERICAN CREDIT, INC. DIB/A UPLAND MORTGAGE. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by trmrsfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal nntil the full amount of principal has been paid. I will pay interest at a yearly rate of 11.690%. After any default described in Section 6(B) of this Note, I will pay interest at a yearly rate of 11.690% or such higher amount as may be permitted by applicable law. This default interest rate will continue after the Note Holder obtains a legal judgment against me. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every mooth. I will make my monthly payments on the 25th day of each month beginning on February 25, 2000. I will make these payments every mnnth until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on January 25, 2010, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at ONE pRESIDENTIAL BOULEVARD, SUITE 411 BALA CYNWYD, PA 19004, or at a different place if required by the Note Holder. (B) A/nount of Monthly Paymnnts My monthly payment will be in the amount of U.S. $ 974.79. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is knnwn as a "prepaynrent." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. IfI make a full prepayment or a partial prepayment during the first 60 months of the ternr of the Note, I agree to pay a prepayment charge as follows: in the 1st month th. rough the 36th month of the term of the Note, the prepayment charge will be 5.000% of the amount prepaid; in the 37th month through the 60th month of the term of the Note, t?. prepayment charge will be 2.000% of the amount prepaid. At any time after the 60th month of the term of tl~e Note, I may make a full prepayment or a partial prepayment without charge. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums akeady collected from me which exceeded pemfitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct paymnnt to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAIL~ TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ten calendar days after the date it is due, I will pay a late charge to the Note Holder. Thc amount of the charge will be 10.0% of my overdue payment of principal and interest, or such higher amount as may be permitted by applicable law. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, thc Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 15 days after the date on whicl~ the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time wben I ant in default, the Note Holder does not require me to pay inm~ediately in full as described above, the Note Holder will still have the right to do so ifI mn in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent uot prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. ~ A LOAN ID# 1101570 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me nnder this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address ill give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at tire address stated in Section 3(A) above or at a different address ifI am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDERTHIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these tilings. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of fire promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9, OTHER CHARGES A. NSF Charge If I make a payment nnder this Note by check, negotiable iustrument or other means and the payment is returned to the Note Holder unpaid, I agree to pay the Note Holder a charge for not sufficient funds (NSF charge) in the maximum amount permitted by applicable law. B. Administrative Charges Except as limited by applicable law, I agree to pay the Note Holder any administrative charge that the Note Holder may impose in connection with (1) my failure to comply with the terms and conditions of this Note and (2) the release or satisfaction of any mortgage, financing statement or other security insn~ment appearing on the public record which relates to my obligations under this Note. I0. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects file Note Holder fi'om possible losses whiclt might result if I do not keep rite promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make in:anediate payment itt full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require inmrediate payment in full of all sums secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of flxc date of the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days front the date tile notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke ally remedies permitted by the Security Instrument withmlt further notice or demand on Borrower. WITNESS,THE HAND(S) AND SEAL(S) OF THE UN .DeERSIGNED. Y][~J~ENA O. VANDOREN (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower [Sign Original Only] PKT PA 1 F GSOK.DOC PA_NOTE_I_F_G$0K.DOC Page 2 of 2 LOAN ID# 1101570 ................................. [SPACE ABOVE THIS LIN[ FOR RECORDING DATA[ TAX PARCEL #: 05-20-17-98-183 LOAN ID#: 1101570 Prepared By: Lauretta Gooden HOMEAMERICAN CREDIT~ INC. D/B/A UPLAND MORTGAGE BALA POINTE OFFICE CENTRE~ 111 PRESIDENTIAL BOULEVARD~ SUITE 114 BALA CYNWYD~ PA 19004 MORTGAGE THIS MORTGAGE ("Security Insta~ament") is given on January 20, 2000. The mortgagor is FREDERICK L. VANDOREN and YELENA O. VANDOREN ("Borrower"). This Security Instrument is given to ltOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE which is organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA and whose address is BALA POINTE OFFICE CENTRE, 111 PRESIDENTIAL BOULEVARD, SUITE 114 BALA CYNWYD, PA 19004 ("Lender"). Borrower owes Lender file principal snm of Sixty Eight Thousand Eight Hundred (U.S.$ 68,800.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provide9 for monthly payments, with the full debt, if not paid earlier, due and payable on January 25, 2010. This Security Instrument secures to Lender: (a) the repayment of tile debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) tile performance of Borrower's covenants and agreements under this ~;ecurity Instrument and file Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, PENNSYLVANIA: SEE LEGAL DESCRIPTION ATTACHED ttERETO AND MADE A PART HEREOF which has the address of: 365 W NORTH STREET Borough of CARLISLE [Street] [City] PENNSYLVANIA 17013 ("Property Address"); [Zip code] TOGET~tER WITH all the improvements now or hereafter erected On the property, and all easements, appurtenances~.a.nd fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this'Security Instrument. All of the foregoing is referred to in this Security Instrument as tbe "Property." BORROWER COVENANTS that Borrower is lawfully seised of tile estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY ExISTRUMENT combines uoiform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifmxn security instrument covering real property. UNIFORM COVENANTS. Bmrower and Lender covcnaut aud agree as follows: 1. Paymeut of Principal and htterest; Prepayment and Late Charges. Bon'ower shall promptly pay when due tile principal of and iuterest on the debt evidenced by the Note and any prepayment and late charges due under Ihe Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under tile Note, until tlle Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or Property insurance premiums; (d) yearly flood insurance premiums, if any; re) yearly mortgage insurance premiums, if any; aud (O any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurauce premioms. These items are called "Escrow Items". Leuder may, at any time, collect and bold Funds in an amount not to exceed the maximum amount a Lender for a federally relaled mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 et seq. ("RESPA"), unless another law that applies to the Fnnds sets a lesser amount. If so, Lender may, at any time, collect and hold Fonds in an amount not to exceed tile lesser amount. Lender may estbnate the amount of Fonds due on the basis of current data and reasonable estimates &expenditures of future Escrow Items or otherwise in accordance with applicable law. LOAN IDt,~ 1101570 Tile Funds shall be held in an institution whose deposits are insured by a federal agency, instramentafity, or entity (including Lender, if Lender is such an institation) or in any Federal Home Loan Bank. Lender shall apply tile Funds to pay tile Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accountiug of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Itenrs when due, Lender may so notify Borrower in writing, and, in such case, Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 21, Lender shall acquire or sell file Property, Lender, prior to the acquisition or sale of the Property, shall apply any Fonds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. ' 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attribntable to the Property which may attain priority Over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the maxmer provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security lnsrrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests ingood faith the lien by, or defends against enforce~nent of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from file holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detemlines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy tile lien or take one or mom of the actions set forth above within I0 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvenaents now existing or hereafter erected on the Property insured against loss by fire, hazards included within tile term "extended coverage, and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower'subject to Lender's approval which shall not be um'easonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance .w/th paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums scented by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Prope~W, or does not answer within 30 days a notice from Lender that tile insurance carrier has offered to settle a claim, then Lender may collect tile insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Bon'ower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to tile acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation~ Maintenance and Protection ~fthe Propertyl Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence witlfin sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, uuless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith jndgment could resuh in forfeiture of the Property or otherwise PKT PA 1 F GSOK.DOC tiff; 7(' LOAN ID# 1101570 materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismisse~d with a ruling that, in Lender's good faith detemrination, precludes forfeilum of the Borrower's interest in the Property or other material impaimaent of the lien created by this Security Instrument or Lender's.security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infomration or statements to Lender (or failed to provide Leuder w!th any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to tire merger in writing. 7, Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in tile Property (such as a proceeding in bankruptcy, probate, for condenmation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary t0 protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable ai~omeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree tO other terms ofpaymer/t, these amounts shall bear inierest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entxies upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any contlemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event'of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event ora partial taking of the Property in which the fair market value of the Propert~ inmaediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrumem shall be reduced by the amount of the proceeds nmltiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event ora partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fads to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair office Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the stuns secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release tile liability of thc original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Secnrity Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any tbrbearance by Lender in exercising ally right or remedy shall not be a waiver al'or ln'echlde the exercise of any right or remedy. PKT PA I F GSOK.DOC LOAN ID# 1101570 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrament shall bind and benefit the successors and assigns of Let~der and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrament only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instntment; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's conseut. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charge~ collected or to be collected in connection with tbe loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pem~itted limits will be refunded to Borrower. Lender may choose to make this refund by reduciug the principal owed under the Note or by making a direct payment to Borrower. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14, Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed i to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by ilrst class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be goven~ed by federal law and the law of the jurisdiction in which the Property is located. In the event that auy provision or clause of this Security Instrument or the Note conflicts with applicable law, such coaflict shall not affect other provisions of this Secnrity. Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borro~ver's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instnunent. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instru _ment without fnrther notice or demand on Borrower. 18. Borro3.ver's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument- Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable atlomeys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instalment and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instn~ment) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. 'Il,ere also may be one or more changes of the Loan Set'ricer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The uotice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. , 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Enviroomental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to oonnal residential uses and to maintenance of the Property. Borrower shafi promptly give Lender written notice of any investigation, claim, demand, lawsuit or other actioo by any govet'nmental or regulatory agency or private party involving the Property and any Hazardous Substance or PK PA 1 I* G50K.DOC LOAN IDtt 1101570 Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Euvironmental Law. As used in tl~is paragraph 20, "Hazardous Substances are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law means federal laws and laws of the jurisdictiou where the Property is located tbat relate to health, safety, or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender fi~rther covenant and agree as follows: 21. Aeeelerafion; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 uuless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; ami (fl) that failure to cnre the deLault as specified may rcsull in accelcraliou of lite sums secnred by this Securily Instruxnent, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence ora default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may reqnire immediate payment in full of all sums secnred by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrnment, this Security Instrument and the estate conveyed shall temainate and become void. After such occurrence, Lender shall discharge and satisfy this Secority Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. ~ 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the contmencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of thc debt sccnred by this Securtty Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase mone~{ mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate! payable after a judgment is entered on the Note, ~r in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Rifler~ to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instmn~ent as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [] Adjustable Rate Rider [] Condominium Rider [] 1-4 Family Rider [] Graduated Payment Rider [] Plaoned Unit Development Rider [] Biweekly Payment Rider [] Balloon Rider [] Rate Improvement Rider [] Second Home Rider [] V.A.. Rider [] Other(s) [specify] PKT_PA_I _F_G50K.DOC PA_MORT_I_F_G50K.DOC Page 5 of 6 LOAN ID# 1101570 BY SIGNING BELOW, Borrower accepts aud agrees to the terms and covenants contained in this Security Instrument aud in any rider(s) executed by Borrower and recorded with it. Wimesses: (Seal) Boliower (Seal) YELENA O. VANDOREN Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower CERTIFICATE OF ILESIDENCE I, /~J:;./.~!#',? ~f:" -/~'/,~_Jj,:~., ,do llereby certify that the cm~ect address of the wit~n-named Lender is B~A POINTE OFFICE CENT~, I I 1 P~SIDENTI~ BO~EV~D, S~TE 114 B~A CYN~, PA 19004. Wimess my hand this 20th day of January, 2000. .~ge~ or Lender .............................. [Space Below This Liue For Acknowledgmentl ................................ COMMONWEALTH OF PENNSYLVANIA } ) ss: coIr~T~ OF / '/" >" 5 ~/;, ;./,l / ......... . ..:..; .~.,~ ....... /.. <.. ) On thi~, the 20th day of January, 2000, before me, J(?/fZ.../t:~/' ~ .~/.'/'~;A'/f;)~ the undersign?i, officer, personally appeared FREDERICK L. VAND/OREN aud YELENA O. VANDOREN known to me ('or satisfactorily proven) to be the person(s) whose name(s) IS/ARE subscribed to the witbin instrument and acknowledged that HE/SHE/THE..._._Y. executed the same for lhe ~'~ose herein contained. IN THE WITNESS WHEREOF, I hereunto set my band and official seal. My Conmaission Expires: ,, .:~, , ) /4- / (,r ///.~ /2×'c-~. ~' ~CY J. ~NE~. N~ P~ ~ H~ ~, C~I~ ~ Title~O~ O~fi~er PKT_PA_I _F_GSOK.DOC I'A_MORT_I_F_GSOK.DOC ['age 6 of 6 ~kL, L that certain lot of ground situated in tire Borough of Carlisle, C~un~' of Cumberland and State of Pennsylvania, bounded and described a.s follows, to ON the soutl: by North Street: on the Wes{ by property now or formerly ol ~ohn ~ Weaver and wife; on {;~c Emtt by ~t No. 181 according to tlae Plan of ~ts lald o~t by George L Germurer, Jr., now or formerly o~.'ned by Simon }{. Snvder; and on the North by a private alley, ~elve (!2) feet wide; conlaining t{:ir~ (Z0) feet i~ front on ~or(h Slreet and extending at an even ~idth one hundred ~venN (120) feet in depth to the ~lgresaid alley; having thereto: erected a mao-sto~ fram~ d~velling house and other ~r~provemen~ ~own as and numbered 365 West North Strcck BEING the same proper~ which Barbara ~ Sween%,, single woman, b~ her Deed dated November 9, 1987, and recorded in the Recorder of Deeds in sod for (umberland Count,, Pen~ylvaaia, in Deed Book "N', Volume ~3, Page 731, granted and c)nveyed unto DonnId C. Milner and ~oan M. Mitner, husband and wife, Gr~iors herein· Date: July 29, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is itt default, attd the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Cottnty are listed at the end of this Notice. If yOU have arty questions, yott ntay call the Pennsylvania Housing Finance ,,lgency toll free at 1-800-342-2397. (Persons with intpaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE' ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MEN(2IONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT:NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Frederick L. Van Doren and Yelena O. Van Doren 365 West North Street, Carlisle, PA 1001101570 HomeAmerican Credit, Inc. d/b/a Upland Mortgage HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORAR YSTA Y OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOTAPPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, yot~ have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 365 West North Street, Carlisle, PA IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of Principal and Interest for the months of May, June, and July: $2,924.37 Late Charges: 115.83 NSF Fees: 20.00 TOTAL AMOUNT PAST DUE: $3,060.20 HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WH~ ICH IS $3,060.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Susan B. Nafmlin, Counsel 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DA Yperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. Yo,t may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fee and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such as Sheriff's Sale of the mortgaged property could be held would be ltpproximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contactin, g the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: HomeAmerican Credit, Inc. clgo/a Upland Mortgage 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 Susan B. Naftulin, Counsel EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you fight to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You __. may or XX . may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MA Y ALSO HA VE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (However, you do not have this right to cure your default more than three times in any calendar year.) TO ASSERT THE NONEXISTENCE OF ANY DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 COUNTY Financial Counseling Services of'Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139--143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 CB/tm Very truly yours, HOME~EI~qAN CREDIT, INC. r~iatTCounsel cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing fi~hared\legat\hac\Vandoren_~tate.reqAAct 9 lletter.doc Date: July 29, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, attd the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEO}FNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, yott mttst MEET WITH A CONSUMER CREDIT COUNSELING AGENCY }?ITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address attd phone number of Consumer Credit Counseling Agencies serving your Cottnty are listed at the end of this Notice. lf yott have any questions, you ntay call the Pennsylvania Housittg Finance Agency toll free at 1-800-342-2397. (Persons with intpaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT.]'q'O.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Frederick L. Van Doren and Yelena O. Van Doren 365 West North Street, Carlisle, PA 1001101570 HomeAmerican Credit, Inc. dgo/a Upland Mortgage HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARYSTAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DA YS. 1F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone n,trnbers of designated cons,truer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUSTFILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (I£you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFA UL T-- The MORTGAGE debt held by the above lender on your property located at: 365 West North Street, Carlisle, PA IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of Principal and Interest for the months of May, June, and July: Late Charges: NSF Fees: TOTAL AMOUNT PAST DUE: $2,924.37 115.83 20.00 $3,060.20 HOW TO CURE THE DEFAULT-- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, W!flICH IS $3,060.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Susan B. Naftulin, Counsel 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 IF YOUDO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DA Y period, you will not be required to pay attorney's fees. OTHER LENDER REblEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to otie hour before the Sheriff's Sale. You may do so by paying the total amotmt then past due, plus any late or other charges then due, reasonable attorney's fee and costs connected with the foreclosure sale gnd any other costs connected with the Sheriff's Sale as specified in writing by the lender and byperforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such as Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacti~ng the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: HomeAmefican Credit, Inc. d/b/a Upland Mortgage 111 Presidential Boulevai'd, Suite 103 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 Susan B. Naftulin, Counsel EFFECT OF SHERIFF'S SALE You should realize that a SheriWs Sale will end your ownership of the mortgaged property and you fight to occupy it. If you continue to live in the property after the ShefiWs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You mayor XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (However, you do not have this right to cure your default more than three times in any calendar year.) TO ASSERT THE NONEXISTENCE OF ANY DEFAULT IN ANY FORECLOSURE I~ROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 CB/tm Very truly yours, HOMEAME.~CAN CREDIT, INC. d/b/a ~L-~NI~~ cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing fi~shared\legal\hac\Vandoren_htate.reqXAct 91 letter.doc VERIFICATION The undersigned, an officer of HomeAmerican Credit Inc., d/b/a Upland Mortgage, being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 .PA.C S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Name : Carolee Berasi, Esquire Title : Assistant Vice President Company: HomeAmerica Credit Inc., d/b/a Upland Mortgage ~' SHERIFF'S RETURN - REGULAR CASE NO: 2003-00312 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEAMERICAN CREDIT INC VS VA_NDOREN FREDERICK L ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VANDOREN FREDERICK L the DEFENDANT at 365 WEST NORTH STREET , at 1538:00 HOURS, on the 28th day of January , 2003 CARLISLE, PA 17013 by handing to YELENA VANDOREN, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~0~ day of ,,.~,32_ ~, .,[~)6~ ~ A.D. So Answers: R. Thomas Kline 01/29/2003 PURCELL KRUG HALLER By: SHERIFF'S RETURN - REGULAR CASE NO: 2003-00312 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEAMERICAN CREDIT INC VS VANDOREN FREDERICK L ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VANDOREN YELENA O the DEFENDANT , at 1538:00 HOURS, on the 28th day of January at 365 WEST NORTH STREET CARLISLE, PA 17013 YELENA VANDOREN by handing to , 2003 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 30~ day of So Answers: R. Thomas Kline 01/29/2003 PURCELL KRUG HALLER By: HOMEAMERICAN CREDIT, INC., : D/B/A UPLAND MORTGAGE, : Plaintiff : : VS. : : FREDERICK L. VANDORENAND : YELENA O. VANDOREN, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 312 Civil Term IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HALLER ~ #15700 Attorney for Plaintiff Purcell, Kru9 &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: February 26, 2003 Cb ~ 0 Z ~ r"o - -, m: .~.