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Home My WebLink About98-02657 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. I IN THE COURT OF COMMON PLEAS I CUMBERl~ND COUNTY, PENNSYLVANIA I I I I I I NO. r 0' ,~~ ft J} (l~ (;(~_ RANDALL D. ASHBY AND ANGELA M. ASHBY Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE THIS LAW E'IRM IS A DEB~' COLLECTOR AND WE ARE AT'rEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT li..! You have been sued in oourt. If you wish to defend against the olaims set forth in the fOllowing p....ges, you must. take aotion within twent.y (20) days after the complaint and notice an served, by entering a written appsaranca perscnally or by attorney and f 11ing in wri tillg with the ccurt your defenses or objeotions to the claims eet forth against you. You are warned that if you fail to do so the caee may prcceed without you and a jUdgment may be entered aqa~nst you by the Court without further notice for any money c laimad in the Ccmplaint or for any other olaim or reHef requeeted by the Plaintiff. You may lose money or propsrty or other righte important to you. YOU SHOULD TAl(E TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Aeeociation 2 Libsrty Ave., carlisle, PA 17013 717-249-3166 Legal servicee, Inc, 8 Irvine Row, carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A US TED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUI!JAS PERESENTADAS, ES ABSOLUTAHENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAB DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGIGTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OSJECCION CONTRA LAS QUEJAS EN ESTlI DEMANDA. RECUERDEI SI USTED NO REPONDE A ESTA DEMANPA, SE PUEDE PROSEGUIR CON EL PROCESO flIN SU PARTICIPACION. ENTONCES, LA COll'!'E PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIR~ QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAT1~NTE, SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300, Cw.werland county Bar Aeeociation 2 Liberty Ave" Carl.iele, PA 17013 717-249-3166 Legal ssrvioes, Inc. 8 Irvine Row, Carliele, PA 17013 717-243"9400 ASSOCIATES CONSUMER DISCOUNT COMPANY plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA va. NO. -- 'I,J', ..'(, I, I (I,";J '-I I,.,., RANDALL D. ASHBY AND ANGELA M. ASHBY CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Dafendants COM P L A I N T 1. Plaintiff, ASSOCIATES CONSUMER DISCOUN~' COMPANY, is a Texas corporation, with an address of 300 Decker Drive, suite 300, Irving, Texas 75062. 2. Defendant, RANDALL D. ASHBY, is an adult individual whose last known address is 301 COCKLEYS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055-5833, Defendant., ANGELA M. A.SHBY, ill an adult individual whose last known address is 301 COCKI,EYS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055-5833. 3. On or about May 26, 1995, the said Defendants executed and delivered a Note in the sum of $15,OOO.OO payable to MONOGRAM HOME EQUITY CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the ti.me of the execution of the aforesaid Note, in order to secure payment of the same, Defendants made, executed and delivered to original Mortgagfle, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1265, Page 87 conveying to Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. The mortgage was subsequently assigned to ASSOCIATES CONSUMER DISCOUNT COMPANY and the Assignment sent for recording. 5. The land subject to the Mortgage iSI 301 COCKLEYS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055-5833 and is more partioularly described in Exhibit "8" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default dus to the fact that Mortgagors have failed to pay the installment due on August 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage I (a) Unpaid prindpal balance $ (b) Interest at $6.22 per day from 7/ 1/97 to 5/ 1/9B (based on contract rate of IS. BOO') (c) IS' Attorney's Commission 14,359.0B 1,890.8B 2,153.B5 $ 1B,403.81 *Together with interest at the per diem rate noted in (b) above after May 1, 199B 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 sald Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose has been sent to Defendants by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the trUe and correct copy of suoh notice attached hereto as Exhibit "CR. 1 f ! ;~nUlll , IH 5llJ..UL' , SECONIJARY MOR'I'OAOE LOAN 'IUS AGREEMENT IS SIIIl.IECT TO TilE I'ROVISIONS OF Till; SI:CONDARY MORTGAGE LOAN A. NOTE (llfllll.1,!hAlIIK) .lJllL2 6 ,19~r..__ lOl ['OCKLEyq DIUYR__~____. I'iupmy Addrt.r.t Mr,:('HJ\W.(,~HHII<ll Ph 1'1055 Cin. S/tIIt'. lip Codl' ~1~o..-ASl[BY ,___ Homnver(.r) Rorrollw(i) mlr/fI'u IflJ(/J,.,~fttfro/ll/"{}pl!'ry(lddrf.u MONOQIU\M.lliJblE EOUITY ('oJ!PO!lA'rrmU~.l..jUlM.u..:rmLMli.I.J... SUITE: 58 J\1.1,~~TOWN f1A. lfllQl i.emltr I,entla (u!drf!.(f t PRINCIPA,I,I\AI.AN(:.:" nr owl'd II.S.U S, 000.00 A(Jltn:D MAn: nt' CII.....M(JF. ollr bUrtl'!ll r 15 . n 0 0 MOlllhl1 I'~ym~nu II.S.I 218,22 r"V~U:NTAMOUNTS AND TIME." , 1'ln.1 f'.ymenl II,S. 1218,22 PI", Payment I),(j 7/01/95 F1"'",,,,,,,,,j 6/01/10 tlnclutJe:i the fullowlntl' crcllll hl~\H1ll\CC prcmlulIIi: $ _..__ Life S HA Accldcnll Heallh I. 80RROWER'S PROMISE TO P,\ Y In rtlulII ror II loan Ihut I have recdvt!u, I promise In pay lhe Principal Elalance shown above (this illIlOUnt will be called 'prirll;lran,plu.~ lruere.~l, In che nruer IlfLt:llIJer. I Ullullrstltnd Iha: Ihe Lt:nder may ullL'ifer lhls Noee, The Lender or anyone who taku lhis Nole hy IralL~fer and wlj(l l.~ clltllled to receive paynlellls under Ihls Note will be called Ihe'NOle holder.- l. INTERf:ST I will PilY llllete.~l ill the Agreed Rale of Charge shown i1hovc. which is a Yl:!acly rate, "nerest wllll~ t:hartiet1 nn unpaid pdndpal until thc full IImount of prindpal hu hllen paid. I wllllllsn pay this file on any JudMmeur elllmd Oil thi~ Nole. J. PA YMENTS I will PilY prindpal and lmeresl h~' milking llaYll\enl.~ coleh llIomh in Ihe Paymenl Amounls shown above. I will m.lke my paYlllcnt.~ 011 the same d<lY of each nlOJllh heglllulnll 011 Ihe Iljril Payment Dale shown ahovG. I will make the.~e paynu:llls every mlllllh (lmill have paid illl of the prindpal and humsl and any olher ch1t,~ described hllluw, thai I "lily nwe IInder this Note. If. 011 the Final Paymclll Dale !ihnwn ahove I still owe anlounts under Ihls NOlO, I will pay al1lhose IlllH1UtllS, in fllll,ll11tlull dale, , I will make my ll\olllhly (layme:m.i ill lhe: address of Lc:ndtr .'ihoWII ilhnve or al a dlfferenl place if required by the Nole Holder. L 11/11' C ;.<1011I) It /7 a.lt:h payment will he applied f1rsttll humst t:llmpllled tllthe dale of payment with the remainder applied Co the principal hallulI;o. 4. 80RROWER'S FAILURE TO I'A Y AS REQUIREIJ (A) I.ate Charee (or Overdue Payments If the Note Holder ha.i not rtlt:eive:d lhe fullllmoullt of IIIIY of lilY monthly paymculS by the end ot' ~_ ~lemar dayslI!tcr tht d:tle It Is due. I will pay II lale ~hllrge luthe Nllle Holder. The amounl oflhc charie wlllhe 2 00. I of my overdue paymcnt, t,ut 1101 less lhan U,S. t.i....l6 and 1101 more Ihan U.S. $-.i......l.L 1 will pay Ihis lllte charge tlulynllce on any late payment, (D) Oer.ull If I do nOI pay the full amount of eadl lllonlhly paymelll hy the d41e stal-:d III SCl:tlon 3 ahove, I will be In default EYeD If,lu II tlmo whon I lUll ill default, lhl.l Note I'(older does not require: me: to pay immedialely In full 1.'\ described helow, the Noce Holder will ~tlll have the rlghl 10 do so if I am in del'ault al It later lime. (Cl Nolin From Nollt Holder If I am in default, the NOlO Holder may send me a wrillen nOlice lellinll me uuul!l do noc pay the overdue UllOWII b1 II cenain UIIld t/tel Note Holder may rcqulrc me III pay immedilllely the f\lIl amount of prh\i:lpal which hu noc been paid and an tlte IlIle(e~1 Ihal I oWl: on Ihal lUJlOUIll. That d,u~ must he al Icast 30 days lifter Ihe dalc on which che oodce is malled 10 me or, If It b 11111 mailed, 30 days lifter the dalt: nn whi~h ills delivered to me. (D) Payment or Holder', CoSI and ExpelU~ If the NUle Holder ha;; requircd me In PllY imme:diillely in full a:i described abovc. the Nille !-tulde:r will have the rl.hl III hll paid hauk (ur all of ils ~(l~t.~ IUld cxpenscs III Ihe lIXlellt III It prohihileil hy llppllclhle law. 11lose UJlCn.ses hwlude, ror 1I1lllmple, rca,'101lilhle allorneys' fees, ~, TillS NOTE SEClJRI:1J IlY ,\ ~IORTG,\GE In jltltlltlon In th\! proleClill1\ IIlVCUIO tile NOle Ihllder under Ihis Nllle. a MUNlIlIlIC, dated the date ill' this Note, prmec:u Ihu Note lIolder I'wm possihle hlS'le.'i whkh mj~ht result It' I dll lUll ke!:1" lhe promises \lihlch I make in lhi:i N(l{c, TbAI Mon,... lh:~l.'rlhcs how .md tlllller wl!;u conditions Imay he n'lluircd 10 Illolke illllllcdLlle paymelll In fullnf all am{lulll.~ lhal I UWCl under Ihis Nntll. 6, 80RROWI:R'S PAYMENTS IWI'ORE TIlEY ,\RE 011I: I have tile: rill/II 10 makc r!i1ymwts of prindp.ll al any time helme Ihey are duo:. A paymenl of principal only I,known liS II "I1repayment: Whull I m:lkc It IHcp.iymcl1l. I will!ellll11: Nute lIolder in a leller l/lal I am doill~ Sll. A prepaymenc I;Ihll u!' 'he unpaid principill is known liS il "lull plcllaYIlH.'llI.' A prcpayrneHl of nnly pari of the unpaid pril\(;ipall~ known is a -Jllnla!, prtlpaymtlflt.' 1'~:SS"\'I,\'""'t,,. sn'OSIl 'IOMTIl.,m:. Ii'll) . H1lhlln\'d I~STMI'...n;"r nil( ftiO nO.I)....' Payments from 8 mos. at 1.ate charges [Other charges] 8/ 1/97 through $218,22/mo. 3/ 1/98 $ 1,745,76 34,88 $ 1,780,64 You may cure this default within THIRTY (3D) DAYS of this letter by paying to us the total amount noted above, plus any addi t ional monthly payment sand late charges (and other charges) WHICH MAY FAI,L DUE DURING THIS PERIOD, Your monthly payment is $218.22, Late charges .in the amount of $4,36 accrue after the fifteenth of each month. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102, If you do not cure the default with THIRTY (30) DAYS, we intend to exerc.ise our right to accelerate the mortgage payments, This means that whatever is owing on the original amount borrowed will be considered due immed.iately, and you may lose the chance to payoff the orig.inal mortgage in monthly installments, I f full payment of the amount of defaul t is not made within THIRTY (30) DAYS, we also intend to lnstruct our attorneys to start a lawsuit to foreclose your mortgaged property, If the mortgage is foreclosed, your mortgaged property will be sold by the Sher.iff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings aga.inst you, you will st.ill have to pay the reasonable attorney's fees actually incurred up to $50,00, However, if legal proceedings are started against you, you w.ill 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 to pay attorney's fees, Also, we may 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 pepiod, and foreclosure proceedings have begun, you will 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 any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage), It is estimated that the earliest date that such Sheriff's Sale could be held would be approximately THREE (3) MOIlTHS FROM THE DATE OF THIS LETTER, A notice of the date of Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the defaul t will increase the longer you wait, You may f.ind out at any t.ime exactly what the required payment will be by calling us at the following number: (717) 234-4178, Th.is payment must be in cash, cashier's check, certified check or money order and made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102, 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 Ii""" "" "~~\j?:::,'ti;\ Z 256 ).14 730 US Posla' Sorvleo Reoeipt for Certified Mall No Insuranca Covoraga Provided, Do not uao lor Inlornal"m!!M.all (Soo rovo'!!!l.. !lini~/a 1M. f:l'b/"'l,y I t t f) rix!. :4 p.... $ lJIIl? OlHCE'S PURCELL, KR lIe & HALLER 1719 NORTII FRONT STREET IIAI(RISIlLJIW, PENNSYLVANIA 1710J.2)9?, TELliPIIONE (717) 234.417H I'AX (717) 233,11'19 JOSllNI NISSlEY (191o.1Q8l1 ANnWNY OISANro C/p CmJNSn CsItifledFoo Spsda/ OtIIwry FH Rtlllictsd DtI"'Y F.. I Rstum RoctIpI_g 10 ~ Whom. Ooto Oo"'""d 'C! RoI..RocO\>l~IO_, it IIsl8 Uddr_._ 8" TOTAL Postogu Foo, $ ~ .'lmo"'., .,- 3-lq-~8" Ie t18nS.le:y 1099 OOVliRNOR Im"D f717i6JJ.J8J8 . ;6 114 730 ,EYS DRIVE, MECHANICSBURG, PA 1303088 ...--,S CONSUMER DISCOUNT COMPANY 17055-5833 TO: ANGELA M. ASHBY 301 COCKLEYS DRIVE MECHAN1CSBURG, PENNSYLVANIA 17055-5833 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IN THE FOREGOING PARAGRAPHS AND ANY INFORMATION OBTAINED FROM YOU WILL,BE USED FOR THlT PURPOSE, YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR A!n' PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS LETTER, THIS FIRM WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFIOATION THEREOF, OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, YOU MAY REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE. The MORTGAGE held by t.he above named MORTGAGEE (hereinaft.er referred to as we, us, or ours) is the holder of the first mort.gage on your property described above, The mortgage is in SERIOUS DEFAULT because you have not made the monthly payments of $218,22 for the months of 8/ 1/97 through 3/ 1/98, Late charges and other charges have also accrued to the above date in the amount of $34,88, THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEI<'AULl', OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, IS $1,780,64. NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penna. Act No. 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) .. '. Payments from 8 mOB, at Late charges [Other charges) 8/ 1/97 through $210,22/mo, 3/ 1/98 $ 1,745.76 34,88 $ 1,780,64 You may cure this default within THIR'j'Y (30) DAYS of this letter by paying to us the t.otal amount noted above, plus any additional mont.hly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD, Your monthly payment .is $218.22. Late charges in the amount of ~;4, 36 accrue after the fifteenth of each month. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller. Esquire and forwarded to 1719 North Front Street. Harrisburg. PA 17102, If you do not cure the default with THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments, This means that whatever is owing on the or.iginal amount bon:owed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments, I f 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 begin legal proceedings against you, you will still have to pay the rea80nable attorney's fees actually incurred up to $50,00, However, if legal proceedings are started against you, you will have to pay the reasona9le attorney's fees even if they are over $50.00. Any attorney's fees w.ill be added to whatever you owe us, which may also .include our reasonable costs, If you cure the defaul t wi thin the thirty day period, you wi 11 not be required to pay attorney's fees, Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage, If YOll have not cured the default within the thirty day period, and foreclosure proceedings have begun, you will 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 any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage), It is estimated that the earliest date that such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER, A not.ice of the date of Sheriff's Sale will be sent to you before the sale. Of course, the amount needed co cure the default will .increase the longer you wait, You may f.ind out at any time exactly what the required payment will be by calling us at the following number: (717) 234-4178, This payment must be in cash, cashier's check, certified check or money order and made payable to Leon P. Haller. Esquire and forwarded t.o 1719 North Front Street, Harx'isburg, PA 17102, 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 'j," \,.'; SHER1~V'~ RETURN fiH,UI.Ali CA~:;E NOl 19~;IE\olb;:f:,~'-1 I' Cfl~INCINWI':AI.TII elF PENN~;YLVAN fA" C(JUNTY [IF' C:lJ~lHE:fILAN[J A ~:.::il!LLl\.II:;.~L~,Q to! ~iJ!.~IEn ILt ~,:I;,f-'\lNL, vr:, A ::l!1LY.nJitliWALL...t'.. JQL6,k, _/'!LCIIf\!;;lL 8~!ilLU:.lL__.... "-''''-~n-''-''''''-T' ~;h8X'iff Or Deput.y E;her-iff of CUMnEI/LAtoj(' Cqunty, l'E'tlrl2Jylvania, who ')~'in(] duly 8WDI'fJ ElcoCllcling tD taw, <'J'~ys, lhe' within ~:ml[,Ll\.J.!iI_=--tLPR.I~l']!BE:._"._._._..._._.__,.. Wi,,,,, SHv",d up c, n .. A SI.i!LY.._t\.li!]J;'L1LJ:L_____.__'..._.~_.._.._n.__.____..._.. '...'__'m__._m'.......,__.___,___ t he defendant. at _...,..LJ.!.0.2. HUUHEi, un the' i;7t.b. day of tt9,l....,_....c..,.._,_______.,__, 1 ');!.Q at ___J\2L.QOCI).L.E,li'_J' R LV_L.___~.. ..._____...,_..,..__,,_, ..-"---'----.-~,---._.__"_~.m.. tlEClf1\l!.J c: S Eltl R G. .J:.L.E. 0~'.::L2t\.;;I2...._~.__.___,_~_.__...__..,_...._..___,.___. ~;JltU!l~ R 1.1\ N [!...........,____. County, f'E'fJn,,'ylv'H1Ja, hi' hnnding 1.,:> ,IQl1f:L,l'lg[JCiNQILiltL_lfl.m:..ElUI'r,IQL..._______ a t.ruE' and attest"d copy uf the C0(1PLll.HlI____~1l()j1,J,__t.rlRE..,..______..__~___.__, and ati thE' S8ml:;> 'I,imp dir-ect.inO Hiq att(~'nti(.1n to the ('-tlnt.~~jnhs: thl?l~eClf. Sheriff's COBtel Dc:icketlng ServicE:"' Affidavi t, Surcharge E':~~ t:(J ;::~r.;:< ~.~~ 6: ~~ lr:--,!Ic."ii,ic: IITi-il(;"'~rTr---'----~" Sl"2~PUfiCEL.L'1 I"We; , f1/\I.U':I, , ,.,/'] 0ti/;'Ei/lJ~JL\~ /), ~/,. / / / -----) . by.,....,. , , _"~I' /..."~f;- ___ /,__ ,. r f,ul}--- ,:1,( r. . Sworn and SUbscribed to b0fOl-g Ine S "", . t.his _..::!~ day of -.fr.'::~'l---_---~m'~_.."." 19___1'..L A. D. "-- (} '-<V' 'n~~l' --~, --.._~,,,_ ~.,__._ ~/~O-l' 1ClrIO-L..i.:l1'Y ASSOCIATES CONSlIMHH DISCOUNT COMl'ANY 1'11lintJtf IN '1'1lI~ COlllt'l' (W COMMON l.'t,Il,^H ClIMllImlol\NIl COllN'l'Y, I'Il,NNHYlNI\Nll\ V8. NO. ?J )(/, 'J '/ (// (tiLj RANDALL D. ASHBY AND ANGELA M. ASHBY CIVIL AC'rION - r.AW IN MORTGAGE FORECLOSURE Defondants THIS LAW F'IRM IS A DEBT COLLF:CTOR AND WE ARE A'l'TEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT ICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take acticn 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 objecticns to the claIms set fort.h against you. You are warned that if you fail to do so the oase may prooeed without you and a judgment may be entered against you by the court without further nQtice for any money claimed in the complaint or for any other claim or reli~f requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Assooiation 2 Liberty Ave., Carlisle, PA 17013 717-249.,3166 Legal Services, Inc, B Irvine Row, carlisle, PA 17013 717-243-9400 A V ISO 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, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE, SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN 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 PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. I,LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LIoAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave" Carlisle, FA 17013 717-249-3166 Legal services, Inc. B Irvine Row, Carlisle, FA 17013 717-243-9400 ASSOC1ATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PI,EAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, RANDALL D. ASHBY AND ANGELA M. ASHBY CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants COM ~A I N T I. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Texas oorporation, with an address of 300 Decker Drive, Suite 300, Irving, Texas 75062. 2. Defendant, RANDALL D. ASHBY, is an adult individual whoSE! last known address is 301 COCKLEYS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055-5833. Defendant, ANGELA M. ASHBY, is an adult individual whose last known address is 301 COCKLEYS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055-5833. 3. On or about May 26, 1995, the said Defendants exeouted and delivered a Note in the sum of $15,000.00 payable to MONOGRAM HOME EQUITY CORPOPATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Note, i.n order to secure payment of the same, Defendants made, executsd and delivered to original Mortgagee, a certain real estate Mortgage which is reoorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1265, Page 87 conveying to Mortgagee the subject premises. Said Mortgage is incorporated herein by referenoe. The mortgage was subsequently assigned to ASSOCIATES CONSUMER DISCOUNT COMPANY and the Assignment sent for recording. I~ (} 5. The land subject to the Mortgage iSI 301 CaCKLEYS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055-5833 and 1s more particularly described in Exhibit. "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the inst.allment due on August I, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (al Unpaid principal balance $ Interest at $6.22 per day from 7/ 1/97 to 51 1/9B (based on contract rate of 15.BOO%) (c) 15% Attorney's Commission 14,359.0B (b) 1,890.BB 2,153.B5 $ IB,403.Bl *Together with interest at the per diem rate noted in (b) above after May I, 199B 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 enter.ed upon said Mortgage in any Jurisdiction. 9. Notioe of Intention to Foreclose has been sent to Defendants by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such notice attached hereto as Exhibit "C". )ifi!I.>illw;lIl''il!'~'1;: f"i1!.:c,)":!'f'-,;:t~i:'9.>~ , . . . . " [1<)/ld1r '.~ I' , l II,'",.,.,"." ::'! ',. \: ;~lIllllIN_~O'iil5.... , SICCON'JAKV MOKTGA!JE LOAN 'illS AmU;t:MI~NT IS SIJIUECT TO TilE I'HOYISIONS Of' TIV, SECONDAHV MORTGAGE LOAN A. NOTE (l'cllmyl\'lu,la) MAV 26 .__n_,!991l 101 ('QCKL~'iS-lJ~ l'roptffyArftlrf',u Mt'('Hl\tll..CSllURU........rA....l1.!I<;5 CIIY, S/lUt, li,1 Coil,' RMlflhLI, D ...ASilB.Ll\ttD-AlliJ~.!.A M ^'iHBY 8Iirfllwtr(f) norfllWI!'(~) {/(/(/rtJI If iI/lfefem fMIII (Jropmyaddrt.fJ ,MQlliX.lRtIl-LllOt1f: ..I:;OU ITY__CORi'IJ}:AU (jtLJi. rJ ~I .IWHLTQU _l'lhL.J..~_;;'Ul'u::-~.a-AJ...L~l1u.'1.M..-!'A_ill.O..L I.('mll'r r,'w/a m/i/rt'H ! rRIN(:II'AI.IIAI.ANO:' h llIlllllftt YOU ~orrll\"'d) U.5,$15,000.00 AGtU;r,1l RAn;lJt' ClI,,'Wt: IrlJllr hl'er~' .!!!&- 15,flOO MOI1lllly P'1mef\1I U,S. $ 218.22 rAnn:NT AMOUNTS AND T1:1oIFB our WQulhl fiflal P'ymenl IUi\219,n " fIn' r.ymenl 7/01/95 (laW 1'11\.11 r.ymcnli 0.1.1 6/01/10 tlncludes Ihe followIng credit in.iur,lll~e premiums: S. Life $ ~IA Accldenc/Heallh I. BORROWER'S PROMISE TO I'A V In recum for it IOilll thac I have received, I Jlrollll~c 10 pay the Principal Balance shown above (thl5 anlounl will be wled "rrlnclral"), plu.'i illlen:sl, to Ihe order of Lend!:r. I ulldclstand that Ihe Lender may llansfcr this Nole. The Lcoder or anyone who lakes Ihb NOle by trall,fer and who i~ entitled 10 reedv!! payments unllcr Ihis NOle willlxl called the 'NOIe ~lolder,. 2. INTEREST I will pay hllere.it at Ihe Agreed Rale of Charlie ~hnwll above, which Is a yearly rate, Inlcre~t will be chuged on unpaid principal IImillhe (\111 amourU of principal ha.'i been paid. I will also pay this nle on Ilnyjlldllmefll enlered onlhi.i NOIe. ), I'A VMENTS I will pay princip:Il and interesl hy making paymel\ls each month ill rhe Paymllnt Amounu. shown above, I wltt make my Ilaymenl!l on lhe same day n( each month bttlilllUflgllf1 lhe FiuI Paymcftl Olte shown lbove, I will make theSe payments e'my nWflth until I have paid all of the principal Ind interellt and any olher chafl~ described heluw,lhai I n1i1Y nwe IInder this Note. If. (In lhe Final Payment Date showlI above I still owe amounlS under Ihls Nole. I wUl pay all those amnulllS, ill fu1\, 011 that date. . I will nll'ke illY Il100lhly p.IYlllenl.~ it! the address of l.ender shown a~ove (II ~I I difterent place if required by the NOle Holder. Bach paymefll will be applied Iirst tll inlereSI 1;011l1lllted In thc ilillC of p:tyment wilh the rernalOllet .pJllied to the principal blltance, 4. BOHROWEH'S FAILURE TO I'A V AS REQUIREI) (A) I,ate Charwe for O~crd\le I'aymcnls If the Note Holder 11It.~ not receIved the full amount of .lllY Ilf my monthly paymcnlS by the end of --1.5.....-.. caendu day~ itfter Ihe date It Is due, I will pay a late charge to the Note iinldcr. The amount of the chatSc will Oe '00 " of my overdue pilymelll, hut not less thall U,S. LL_J.L...-.-~__ and 110{ lIIore than U.S. $-'. 16 I will pay llli!> laic charlle only ollee nn llny latc paYlllent. (8) Default If I do nOl\lay the full amount of each lIlomhly payment by liIe dille Slated In Section 3 Ilk1ve, I will be In default, Even If, III a time when I am in default, the Noh: Holder does not require me to pay ifllllledi,uely In full as described hetow,lhe Note Holder will still havr lhe right to do so if I am ill del'ault lit a \;tler time, (C) Notice f'ront Nott Holder If I alll In default, the NOle Holder llIay send me a wrlllen nnli~t: telling me lhat if I do not pay the overdue amount by It eerutin date the Nnlc Holder l1lay reijuire me tn pay immedialely the full 1l1llOUlll of principal which has not been paid and .n the Interest thai I owe on that amoun!. Thai dale must he !II h~"~1 30 days after tho date on wbich lhe nntil:e is mailed 10 me or, If h i:i lIot mailed, ~O days after Ihe dale 011 which ills uellven:d to lIle. (0) Paymenl of Holder', Cost and EXllfll1f'S If the Note Holder has required file 10 !l'lY immedialely in full as described ahove, the Nute Holder wlllbavll the rlghe ((I he paid h~ck for all of its costs and ClIpell'ieS 10 the ntelU filII l\((lhihil~d by i1l1plicahle law. TIlosc ~~IIC:I1.ieS includo, fO[ e-'ilmple, rellsonahle allorneys' fees, 5, TillS NOTE SI~C(JREO 1\\' 1\ MORTG,\GE III .\llllilloll 10 lhe pitller.:lioll given Illlhe Nole Illll,ter under lhii Note, J Mllflgagc, daled the d:ue (lflhls Note, prol.:ctJ Ihl! NOle ilnltler frpllI possihle Ins,es which rnil!ht result if I lit) lUll keep llle prllllllses which I nuke in this Nntc. Thlt Mon,ap ll~scrihes holY ,\lul unller wh:lI cnl\dili(\lI~ I lllilY he tclluiretl W Illilkc imlllcd(,uc pilymem III full of all amoulllS thai I owe under Ihis Nme, 6. 1I0RHOWl:ll'S I'A VMENlS IIHORE TIlI:\' ,\Ill: IHIE I h"ve the ri~hl 10 nlOlk" paynlellli of princip:llllI ,my lime h~i'HC they Me due A pilymelll of I)rlr\cl('l;ll only Is known ,lS a "prepayment.' When I 1Il,Ike " prep,lymelll, 1 \\iIHell the NIll~ Hollier in a kUe! th,u I Jill dniuif so, A prepaymenl oral! ul'the unpaid prhlcip:11 is known :IS 1\ 'llIll prepaymclIl" ,\ prcp:lylllelll uf only IIMt (If the ntlll:lltl principal is known U I .partlal prep;tYIllCIlI,' ~ P... $ LA W OFFICES PURCELL, KRUG &. HALLER 1719 NORTH FRONT STREET IIARRISBURO, PENNSYLVANIA 17102.2392 TELllI'lfONE (717) 234,4178 FAX (717) 2)),1149 JOSliPU NISSl.EV (1010-19821 ANTHONY DISANTO OF COUNSEL Colllfttd FII St>edll OtIiYeI'l F.. Reololc:1ld OtiVOI'l F.o ll! AOI,m Roc.", SIlowln9lo ~ Whom & D,,, DoI"..d 'Ii -RecI\llSlowivj~W1"",. :(' 0I.1~_'1~'" g TOTAL POII.Off" f:ees S I PostmarJc Of Dalft ~ 3-lq~9? ~ Hll'~S~jHY i099 GOVElRNOR "DA.D (717)533.3636 6 114 729 IYIV.tt !'lif\'-il.:i~T'-" EYS DRIVE, MECHANICSBURG, PA 303088 Ag~UCIATES CONSUMER DISCOUNT COMPANY 17055-5833 TO: RANDALL D, ASHBY 301 COCKLEYS DRIVE MEC~~NICSBURG, PENNSYLVANIA 17055-5833 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IN THE FOREGOING PARAGRAPHS AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS LETTER, THIS FIRM WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, YOU MAY REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE, The MORTGAGE held by the clbove named MORTGAGEE (hereinafter referred to as we, us, or ours) is the holder of the first mortgage on your property described above, The mortgage is in SERIOUS DEI'AUIJ'l' because you have not made the monthly payments of $218,22 for the months of 8/ 1/97 through 3/ 1/98, Late charges and other charges have also accrued to the above date in the amount of $34,88. 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 $1,780,64. NOTICE OF INTENTION TO FORECLOSE MORTGAGE undel' Section 403 of Penna. Act No, 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) / .,\ "II L::~II.i' 17 c... Payments from 8 mos, at Late charges [Other charges] 0/ 1/97 through $218.22/lno, 3/ 1/98 $ 1,715.76 34,08 $--1; 780,61 You may cure this default within THIRTY (30) DAYS of this letter by paying to us the total amount noted above, plus any additional monthly payments and late charges (and other charges) WHICH MAY FALIJ DUE DURING 'rIHS PERIOD, Your monthly payment is $218.22. Late charges in the amount of $4.36 accrue after the fifteenth of each month. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Stx'eet, Harrisburg, PA 17102. If you do not cure the default with THIRTY (30) DAYS, we intend to exercise our right 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 begin legal proceedings aga.inst 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 to pay the reasonable attorney's fees even if they ax'e 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. Also, we may 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 will 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 any late charges, charges then due, o.s well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF' THIS LETTER, A notice of the date of Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the defaul t will increase the longer you wait, You may find out at any time exactly what the req;.lired payment will be by calling us at the following number: (717) 231-4178, This payment must be ill cash, cashi2r's check, certified check or money order and made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street,Harrisburg, PAl7102. You should real i ze that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it, If you continue to~ive "," z 2 S6 ]/]N"? 30 US PqalIIServtce ReceIpt for Certified Mall No llllUllII'lOe CovellQa Provtded, Do noI UN 101 Intematlonellilell (s.. 1.118,.. 'R", :2I"/...b t tOr' 1A..Ll?H: Pootego $ /'II\II'Ol-1'IC/:'S PURCELL, KRUG & HALLER 1719 NORTII FRONT STREET IIARRISBURO, I'I!NNSYL VANIA 17102..2.192 TELI!I'I/ONIi (71'/) 234-4178 PAX (717) 233,1149 JosaPIl NISSIOY ("'O.ID4l! ANTHONY OISANTO 011 COUNSel CortIhd F.. Spodll DtIIvo'Y FH ''''---- --. ~II!ASHh' 1090 OOVflRNOIl ROAD {117153,1.3830 11.lIl1ctod OeIve'Y Fee ~ Retum Recelp4 Showino 10 ... 'Mlom' Oil' OcU'tered 'l:Reun"""",Sl>>wI1gIO\\!<rn. ~Ottt'Adlt"""IAd<<M' 8' TOTAL POII.oe H... $ 1 Pos'm"'"O'I. :5 -I q, ~8" lr i6 114 730 J,~~YS DRIV8, 1303088 ...,.W CONSUMER MEC1'IANI cSBURG I PA 17055-5833 DISCOUNT COMPANY TO: ANGELA M, ASHBY 301 COCKLEYS DRIVE MECHANICSBURG, PENNSYLVANIA 17055-5833 THIS FIRM IS A DEBT COLLEC'rOR ATTEMPTING TO COLLllJCT A DEBT. 'I'HIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IN THE FOREGOING PARAGRAPHS AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, YOU MAY DISPUTE THE VALIDITY OF THE DEaT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS LETTER. THIS FIRM WIr.J. OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION THEREOF I OTHERWISE. THE DEBT WILL BE ASSUMED TO aE VALID. LIKEWISE, YOU MAY REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE, The MORTGAGE held by the above named MORTGAGEE (hereinafter referred to as we, us, or ours) is the holder of the ti rsL mortgage on your property described above. 1~e mortgage is in S~RIOUS DEFAULT because you have not made the monthly payments at $218,22 for the months at 8/ 1/91 through 3/ 1/98. Late chargf)s and other charges have also accrued to Lhe above date in the amount of $34,88, THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT I OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DA~'E OF THIS LETTER, IS $1,780,64. ~OTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penna, Act No. 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) .-..n'....; Payments f rOIl1 o mos. <It Lato charges [Other charges] H/ 1/97 tlu'ollgh $210.22/1110, 3/ 1/98 $ 1,745,76 34,88 :$ -- 1,780,64 You may cure this default within THIRTY (30) DAYS of thIs letter by payIng to us the total amount noted above, plus any addi t ional 1I10nl:hly payments and late charges (and otllflr chargen) WHICH MAY FALL DUE DURING THIS PERIOD. Your monthly payment in $218.22. Late charges in the amount of $'1.36 accrue after the fifteenth of each month. Such payment nnlfJt be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller, ESquire and forwarded to 1719 North Front Stx'eet, Harl:isburg, PA 17102, If you do not cure the default with THIRTY (30) DAYS, we intenrl to exercise our right to accelerate the mortgage payments. 1~is 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 beg.in 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 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, wh.ich may also include our reasonable costs, It you cure the default within the thirty day period, you will not be required to pay attorney's fees, Also, we may 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 will still have the righc to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do 130 by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mOl'tgage), It is estimated that the earliest date that such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of 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, Yo\! may find out at any time exactly what the required payment will be by calling us at the follOWing number: (717) 234-4178, This payment must be in cash, cashier's check, certified check or money order and made payable to Leon p, Haller, Eequ.ire and forwarded to 1719 North Front Street, Harrisburg, PA 17J.02, You should realize that a Sheriff's Sale will end your ownership of the mortgaged proper~y and your right to remain in it, If you continue to l.ive t :.~."'Il..\'U' 11: -,. __ ,__~_?r:'- , ;-"Ji'- in the property after the Sheriff's Sale, ~ lawsuit could be started to evict you, Yall have adrUt.i.onlll dghts to help protect your interest in the propert~', YOU HAVE THE RIGHT TO SEL.L TIlE PROPl\lU'Y TO OBTAIN MONEY TO PAY Of'F TIm MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITU'l'lON TO PAY OFF THIS DEBT (YOU MAY HAVE THE HIGHT TO SET,!, OR TRANSlcER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUn;R OR TRANSI"EREE WHO ~IILL ASSUME nm MORTGAGE: DEBT, PROVID~;D THAT ALL, 1'1-18 OUTSTANDING PAYMI'NTS, CHARGES, AND ATTORNEY' S FE~;S AND COS~'S ARE PAID PRIOR TO, OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO Dl~Tm{MINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST,) YOU HAVE TIm RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUI< BEHAL!", 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, Very truly yours, By PURCELL, KRUG & HALLE:R ~ I! i~v(?~ Leon p, Haller Attorney for: ASSOCIATES FINANCIAL SERVICES COMPANY INC, I,D, #15700 1719 N, Front Street Harrisburg, Pa, 1'7102 (717) 234-4178 LPH/ CERTIFIED MAIL - RETURN RECEIPT REQUESTE:D , " (',,; !, .' ~,' . l.j -', \:.;-'-" ,\': h",i"(.ib'" ,:',..' :"'-; ;' "",,',":_'_Il\',!!,.!, i-"J-'~'.- tHiWi' b',. -',-,'\ ",' ,1/,1..,'11'1;', ~{'.I;~~"':~I-,"lhJ;~t ' \.,,-/ \fIllY ^'i! ':',\1 NJd ,,-t ' ~l ' 1 \ '\ ,~~~ ~ 'Lr ~},~ ~(t~, '&,t rO~ G~~ ~JI' :::.... ". @k) PfJ ~ ,f ("m /. ~" 'I:( n'.., ,: it ,--\~ .'. , ",(( Q ';;,... ~ I -.-1 ,. " m ." I'" r- ~~" .- " ~ ~ ~ ':",3 !~ ~..J RIll IW zt \ \ \ IlVM ,l,..' .1;',1:) d~i,\::H',; :1'01. N j:iiHO 1,. / ,I ASSOCIATES CONSUMER DISCOUNT COMPANY . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO . f 1 If r - ~ J.J) ~ 7 RANDALL D. ASHBY AND ANGELA M. ASHBY CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING '1'0 COLI,ECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE IlEElT. N01'ICE You have been sued in court. If you wish to defend against the olaims set forth in the following pages, you must take action within twenty (20) days aftet' the complaint and notice are served, by entering a written appearance personally or by attorney and HUng il1 writing with the court your defsnses or objections to the claims set forth against you. YoU are warned that if you fsil to do ao the oase may proceed without you and a judgment Rlay be entered against you by the court without further notice for any money olaimed 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 f.AWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar AssociatJ.on 2 Liberty Ave., carlisle, PA 11013 717-249-3166 Legal services, Inc. 9 Irvine RoW, carlisle, PA 17013 117-243-9400 A V I !! 0 LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QU<lJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE llSTED RESPONDA DENTRO DE 20 DIAB DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUAtQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE, SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON r.~ PROCESO SIN SU PARTICIPACION, ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEI, DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR HAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEI~NDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME At "LAWYER RE~'ERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-239-6300. Cumberland County Bar Assooiation 2 Liberty Ave" Carlisle, PA 11013 117-249-3166 TRUE fD1'( FROM REOOAD In T....1IlOI'IY whII1oC. I'*' untO""''' and of Coua at CaftIIII. ~'R' r ". . 1'7"""- Legal Services, Inc. 9 Irvine Row, Carlisle, PA 17013 117-243-9400 '. , ASSOC1ATES CONSUMER DISCOUNT COMPANY Plaintiff vs. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. I RANDALL D. ASHBY AND ANGELA M. ASHBY Defendants CIVIL ACTION - LAW I IN MORTGAGE FORECLOSURE C 0 M P L A I ~ 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Texas oorporation, with an address of 300 Decker Drive, SIJite 300, Irving, Texas 75062. 2. Defendant, RANDALL D. ASHBY, is an adult individual whoso last known address is 301 COCKLEYS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055-5833. Defendant, ANGELA M. ASHBY, is an adult individual whose last known address is 301 COCKLEYS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055-5833. 3. On or about May 26, 1995, the said Defendants executed and delivered a Note in the sum of $15,000.00 payable to MONOGRAM HOME EQUITY CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Note, in order to secure payment of the same, Defendants made, executed and delivered to original Mortgagee, a oertain real estate Mortgage whioh is reoorded in the Recorder of Deeds Office of the within COlJnty and Commonwealth in Mortgage Book 1265, Page 87 conveying to Mortgagee the subject premisBS. Said Mortgage is incorporated herein by reference. The mortgage was subsequently assigned to ASSOCIATES CONSUMER DISCOUNT COMPANY and the Assignment sent for recording. 5. The land subjeot to the Mortgage iSI 301 COCKLEYS D~IVE, HECHANICSBURG, PENNSYLVANIA 17055-5833 and is more particularly desoribed in Exhibit "8" attaohed hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in dafault due to the fact that Mortgagors have failed to pay the installment due on August 1, 1997 and all subsequent installments thereon, and the fOllowing amounts are due on the Mortgagel (II) Unpaid Principal balance $ 14,359.08 (b) Interest at $6.22 per day from 7/ 1/97 to 5/ 1/98 (based on oontract rate of 15.800%) 1,890.88 (0) 15% Attorney's Commission 2,153.85 $ 18,403.81 *Together with interest at the per diem rate noted in (b) above after May I, 1998 and other charges and oosts to date of Sheriff's Sale. The attorney's fees set forth above are in oonformity with the Mortgage documents and Pennsylvania law, and will be oollected 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 inourred by Plaintiff. 8. No jUdgment has been entered upon said Mortgage in any jurisdiotion. 9. Notice of Intention to Foreclose has been sent to Defendants by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of suoh notice attached hereto as Exhibit "C". . 'il~,','Jj ,~~~;I(ilr 10. Defendants are not members of the Armed Forces of the United States of Amerioa, nor engaged in any way which would bring them within the Soldiers and Sailors ReUef Aot of 1940, as amended. 11. Plaintiff has compUed with the prooedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitatJons as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. foreclosure "IN REM" for the aforementioned total amount due WHEREFORE, Plaintiff demands judgment in mortgage together with interest at the rate of 15.BOO% ($6.22 per diem), together. with other charges and costs inoluding escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL, KRUG & HALLER BY; Leon P. Haller Attorney for Plaintiff 1.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 ..,.. ';j . \~i :\~,~ \.'1, ,~~;. ',I'".,' ',." " '. . ~Ct)Utl( , III c;OH.lA..,l , SECONI>ARV MORTGAGE LOAN llllS AGREEMENT IS SUBJECT TO TIlE f'ROVISIONS OF TilE SECONDARY MORTGA(IE LOAN A, NOTE (l'enn.t)'I\"lnli' MAV 26 _.__.19CJIi lnl r.O(,KU=VC:-D.B.l.Y~ ,Proptrty Add"JJ -MlieJWi=I.l&L...!'A-11 U 5 5 Ciry. SltUt, lil' ('(HIe RANDAI,I. n Borrower(J) MIIRV Mom..A.Uat4.U MIIR'! 80""11'1((1) /Itfdrt.u if dllftftmj'rv"l ProfJtrtyaddrtJJ '--- " , 1!lCUOllJWUJQl1LEOUll.LCQIU'O!lAl'lOILi U2-IWIlLIOILlllUJ, ...SlllIUIl.ALUllIml/i.J<L1llU 1 /,tndu l.tflduOl/drtH I rRINCIP,UflAl.ANn. AGUto RA n; Of CJlAROE our 41 f't.U r I 15.800 Monthly flrm.nlt U,S., 218.22 'A\7IO:ST AMOllNTS M'D TIMIS o tbl . fl~1 "71N", Anl '.,l1lf.... bile fllIIl h",*" 0... U,5.1218,22 1/01/95 6/01/10 . - . U,S,SlS.000,OO r "A ,., ( :><101/(J 1/- /7 .Ir\l;lude~ the (ollowln.credh lnsur.nu prenllums: S Lire S.llA-. Accldcm/Hcllrh I, POIUIOWER'S PROMISE TO PAY In mum (or a lo.n thai I have received, I promise 10 pay che Principal Balance ~(\wn above (lhls amount will bet c.aUcd 'prlrn:ipill-),plus Inlercsl, 10 the order of lender. I untlenund thai Ihe Lendel may lransfer Ihb NOle. The Lender or uyorw who takes this NOle by lral~,fer and who Is enlitletJ 10 receive p,,)mICil(S undcr lhis NOll! will be called the .Nole Holder.- l. INTEREST I will pay Inlerul II the Aareed Rale of ChuW'c shown above. which 15 a yearly raCe. Inleru! will be chu,ed on ullpald principal until the fulllOloum 01 prh\Cipal hI! been pald. I will also pay lhJs ralll OQ Any judllmem elllered on Ibis NOle. ), PA I'MENTS I will pay princlpallnd IntllruI by makinll pilymencs each mClnth in !he Paymenl Amol.lnt:l shown above. I will make my paymenlJ OD Ihe $ame day of each momh bClflnninll on the FiuI PaymeRI Date ,howa above. I wlllmake chese paymenls every monlh until (hilve p~it.l allnf the princlpalaoo Inlerese aad any other char,a described below, that I may owe under this Nole. If. onlhe Fin.al Paymcm Dale ~hown above f stili owe amounts under this NOle, I will pay alllhosc amOUIll~, In full. onlhal dolle. . J will make my monthly paymellls al rhe address of Lender shown above or al .I dllfereru place if required by !be Noco Holder. Bach payment willbe applied t1ullolmere51 computed co the dale olpaymcnt wilhthr. remaJnder applied 10 tho principal balance, 4. PORROIYER'S FAILURE TO PAY AS REQUIRED (A) Lnlc Char,e ror Ov~rdue Payments If the NOle Holder tw not '''o:elved the full amount of any of my monthly paymcQt! by the cod (If --1..5_ ~cDdu days arter the dale h is due, J will pay. laic cbu,e fo the NOle Holdct. The arnoUQI of lbe ctw,e will be _-l....WL_" of my overdue payment, but DOt less Ihan U.S. Sj....li... __ and nol more than U.S, S .. )Ii I wilt PlllY Ihis laic charic only OIlCC on any lafc payment IP) O.t..11 If Ilia nol pay Ihe full amount of each monlhly paymenc by the dale ~tlled In Sectlon J above. I wlll be In dolauh. Eva If, III lime whcn I am In clefaull. Ihe NOle Holder doe~ nol require me 10 pay lnuntdialcly In fullu described below,lhe Note Holder will stll! have Ihe n,ht 10 do ~o If I am in defaula at a laler IImc, (C) Nollu From Nole Holder If ( 1111 In defaull. llle NOlO' Holder may $eoo me a wrluen notice Icllloll me chat II I do DOt pay Ihe overdue amowK lr1 a ecruln dale Ihe Nole Holder ""y require mc lQ pay immedialely the full amounl of princlpIJ which has: noc beta paid ud aD Ihe Interest lhal I owe on thai amounl. Thai dale nlust be II ICISI )0 days after tbe dale on which the notice is mailed 10 IDI or, if ills nol mailed. )0 days afler che dalC on which h Is dclivered to me. (0) Payment of flolder's Cost and E.I(pl.ft.u.\t If the Note Holder hat required me 10 pay hnmcdlatllly In full &.'i described above. the NOle HoltJer wUl ~v. the ". 10 ~ paid back for all 01 iu CO~li and C'-:Jl(n-ies to Ih~ utcm 1\01 prohibited by .prllc1blc law. Those uptnses Include, l'ot e~llllple, 'ea~unahle .llllflleyf fees. I, TIllS NOTE SECURED PI' A MORTOAG!~ In ~t1dhlon 10lhe plOl<<cion Ifivct, 10 thc Note Uolder under chis NOle, a Monlla,e. dlled lIIe d;lle of this NOle, procecct thc NOlc Holder from pos5ible IOHC5 which might ruull if I do nOI kec:p the proOli~CJ which 1mb In chis NOle. Tb.a. Mon.... lIc:scrlhc:l/; how ,mil IHltlc:r wh:u CllntJlti!lll, I may tit' te1lulrcd 10 lII:tke jrnml:di~tt paymenl In Ml of III M!ounu dial I owe uader Ihli NOlO. 6. PORROIYER'S PAYMENTS PEFORE nmy ARE DUE I have Ihe righl III make paymcnL'l of principal al any lime bl:fore Ihey are due. ^ paymeol Ilf princlpaJ oDl, 11 kDowa as a .prepayment" When I nJ<1Ib a prepaymem. I will leU the NOle Holder in a Icller lb'l I am dololllo. A. tJrcp.aymelll ohD uf the unrald princip;11 is known l.i iI '''ullprepolymllnl.' A prepayOlem uf only pan of lhe unpaid pnrw;lpaJ Is UoWft U l"paniaI prepayment.' : '1 Ii \ ,I " 'I I.. i ~ . ....." ." '''''''''' . ".~~.. . ..... ,'f' . ""'_..,.,,, '''" n;.,. ~4^.,Ilfl..I"~1 " '{'~~1: 1.~'.L"'I'i. ',' ,~I,_:\,'Ui;f~V~', '. '..~.'- ; , .". . ',( ,!"J "', M/i ~;}y "I.,.., l,...,..,'.," ,10 .'-' "r '," ,-, ". , I miy make. full pr"pay",'", llf. pulll' Ilre:pilYlllcnl within;, p;tyj"ll allY (lCl\illcy, TIll! NUle tllllder wllll.:}I all of my prepirlll.rlls to reduce the amount ofprlfll:lltld lh~ll owe under lhl' NOle, If I mike I plul.1 fuclllymellt, Iher. wlllbr. no delaYI In tho dUll <laCCI or chan,e. In tho &nWUOlS (If "Iy mOllthly JUlYlllenu un/m lhe Nole ftoldn ",eu In wfllilllll" Ihu'le del.y. Of chan,.s. I may mAke. full pr'plIyment I' Illy 1I1111l, 7, GIVING OF NOTICES Any notlu Ultl must be Ilvtn 10 "" under lhh Nole will he liven hy dell.....rin, It or by mallin, II by c,nJned mati addressed 10 me Illhe Propen., ^dt.lrcu .~m, ^ oOlice will b< dlllpmed or m.i1etl 10 me I' . different addreu If I ,lve &be Not.' Holder I OOlite of nly dlll.rem addrClH. AllY nollee thaI musl be liven 10 the NOle Holder under Ihli NUle will he IIlven by nuilllla h by cc:nlflcd nUllllo Itle NO\t Holder Illhe addrus u.ted In Sectloo J lIh()v~, A flolice will hI! mailed ltllh~ N(lte Holder 111 dlllerellC adoJreu If I am ,InD I'notlce o( WII dlllorent Iddress I, RESPONSIDILlTVOF PERSONS UNDER TIllS NOTE If mllre thIn one person sl'f\'Ilhi~ NOle, each o( u~ I~ fully .nd pel:iOlully obli,aled 10 pay the full.mount owed and 10 keep .11 o( Ihe promises mlde In this NOle. Any fUar'1I1or. surtly. or endi~fleI o( lhiJ NOle iubo abll,_It'd 10 do lhfll dU",., TIle Nole "older m.y en(ore/! ItS ri,hu under thll NOle 'lI.hUI neh of U$ IndividUAlly Of a,alMI all U( U$ together. Thb mMQI Ihll Iny OliO o( us may be lequlred 10 pay .11 of the amounlS owcd unde' lhis NOle, Any person who Likes l)ver my It,DII or ohll,llloM ullder this Note wlllbave III o( my dShlS and mUlt bep III O( my prombcs nude In Ihll Note. ADY pellOIl woo taka over thll rlghu or obll,IlloN of;t fUolllmor, ,urelY, or ",douer of {lIh NUle Is aim obli'lued to keep .11 o( me ptomllCl made In this NOle. 9. GOYERNING LA IV If this Nole conllhu I balloon p~Yll1elll, Ihh Nole Is aovemed hy Title VIII of we Dam-SI, Gennalll ~hory In.tlhutlOM Act of 1982 and other .ppllcable federal law.lnd th~ c:t.lulnr taw! o( mc Conunooweahh o( PCIUl$ylvaw.. . '... 't: .:' /' j/( .P RAND1J.,L D. .'/' .' '. . ;,--- A,SH8y . ,or, I.... (Soil) ,( .b(1PTriwir .. C /'. ~ ' .___..v ..~ ,r:: illlOEI,lI M. JI) I, 0-:~---- ASHBY', (SoIl) .8orrowa (SoIl)!" ,ti' .'O~;,i. .,~~~ (SoIl) ',~ -JhJm1Wtt'A -.'_.: :-i ., 'OR VALl/Am C)"IICIRI,'r,O>I. THE UNDtRllOllIC CO/OOtlHtRIBV "UION All RIClHT, 'TIll!; I,:;: l:-'Twur IN AND TO THAT CIRfAIN Noll. CAno 0\/26/9\ t::<liCU1W BY, RANDALL O. ,.NO. ,\NGELA ~l, ASHBY TO THf. M$'lr)\'!'r.!\ fl~WiCI,\I. SCRVICES COM'ANV O' CALlfO.~":I,' we WIlHOU\ ",COUIj;Q. /. ( ,/'1_ c.JVt"^ .. \ \.?t.-V'!>.;r. l'fWO, OFFlCt ~, r,,. if/v.,~'f" {, '3 1,,- , OV, I oM D.'.TE - i . i.if~l\~4' ? 2 9 U8 p~ 8tMC. Receipt for Certified Mall No 1_ Coverlgo Provtdld. 00 UII101 lnllflllllonll Mill IS.. IIV'''. to All (J.:.. ArL.~y- I~.I; &i' A nOS.\" :\!~"" '::~,m~~(, " ....1Igo $ fA IV OFFICES PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 1'1102.2392 TELEPHONE (717) 234-4178 flAX (717) 233.1149 JOSElPti NISSley CII10.III2) ANTHONY OISANTO orr COUNSEL Cot1NIod F.. lI9odolDoilYoryFH AN~1c111d OoI..ry FH ~ IIotumAocolt>l!ll1owln91o - _ IDol' Doi....d , ';"""'AocI\l45hoolv,)kl_, ~1loIo'1llI'_"IllI'''' 8' TOTAL FoI1Igo' F... $ ~ '-OfItml Of .1. ! Z-lCJ-9? Ie HI!A!lHI!Y 1099 GOVERNOR ROAD (1' 1) 533.3836 6 114 729 EYS DRIVE, 303088 l'IIJIUUJ\'tilSeT' ~~ t\Sb'UCIA'fi:S CONSUMER MECHANICSBURG, PA DISCOUNT COMPANY 17055-5833 TO: RANDALL D, ASHBY 301 COCKLEYS DRIVE MECHANICSBURG, PENNSYLVANIA 17055-5833 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IN THE FOREGOING PARAGRAPHS AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS LETTER, THIS FIRM WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, YOU MAY REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE. NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penna, Act No. 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) The MORTGAGE held by the above named MORTGAGEE (hereinafter referred to as we, us, or ours) is the holder of the first mortgage on your property described above, The mortgage is in SERIOUS DEFAULT because you have not made the monthly payments of $218.22 for the months of 8/ 1/97 through 3/ 1/98, Late charges and other charges have also accrued to the above date in the amount of $34,88, 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 $1,780,64, I::~/';' 1:7 . 'c... " , ,." --,'~1'1\\'~'~\4'\'. \:' '/.: . . ., _1~Jtit'~';C "":' I.' fj~"',~':\ 'IrV~"t\ !,~- ...~~ '1..,. ~,\ _ t., I \(! . , " '. .- ";' \"'., !~I:I ''!It'/(.;''i;~W_'' Payments from 8 mos, at Late charges [Other charges] 8/ 1/97 through $218,22/mo, 3/ 1/98 $ 1,745,76 34,88 $ 1,780,64 You may cure this default within THIRTY (30) DAYS of this letter by paying to us the total amount noted above, plus any additional monthly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD, Your monthly payment is $218,22. Late charges in the amount of $4,36 accrue after the fifteenth of each month, Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payabl.e to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. If YOll do not cure the default with THIRTY (30) DAYS, we intend to exercise our right 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 w.ithin 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 mot.tgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable at torney's fees actually incurred up to $50" 00, However, if legal proceedings are started against you, you will have to pay the reasonable tIt torney' 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 to pay attorney's fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage, If you have not cured the default w.ithin the thirty day period, and foreclosure proceedings have begun, you w.ill 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 any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such Sherif f' s Sale could be held would be approximately THREE: (3) MONTHS FROM THE DATE OF THIS LETTER, A notice of the date of Sheriff's Sale will be sent to you before the sal~. 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: (717) 234-4178, This payment must be in cash, cash.ier's check, certified check or money order and made payable to Leon P. Haller, Esqu.ire and forwarded to 1719 North Front Street, Harrisburg, PA 1'7102, 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 ;", " .,.; " ,- " , .. .-:' . .'~I, .. r(~\-f:; (,(~rll~H Payments from 8 mos. at Late charges [Other charges] 8/ 1/97 through $218.22/mo. 3/ 1/98 $ 1,745.76 34.88 $---1,780.64 You may cure this default within THIRTY (30) DAYS of this letter by paying to us the total amount noted above, plus any addit.ional mont.hly payment.s and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD. Your monthly payment is $218.22. I,ate charges in the amount of $4.36 accrue after the. fifteenth of: each month. Such payment must be made eit.her by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller, Esquire and forwarded t.o 1719 North Ft'ont Street, Harrisburg, PA 17102. If you do not. cure the default with THIRTY (30) DAYS, we intend to exercise our t'ight 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 mort.gage 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 begin 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 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 CORtS. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Also, we may 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 t.hirty day period, and foreclosure proceedings have begun, you will 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 t.he total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earl iest da te that sLlch Sherif f' s Sale could be held would be approximately THREE (3) MONTHS FROt<1 THE DATE or THIS LETTER. A notice of the date of 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 will be by calling us at the following number: (717) 234-4178. This payment must be in cash, cashier's check, certified ch~ck or money order and made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. 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 ,.