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HomeMy WebLinkAbout03-0954IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK Plaintiff VS. ROBERT E. RODGERS AND CATHY S. RODGERS Defendants COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF Plaimiff COUNSEL OF RECORD FOR THIS PARTY: CERTIFICATE OF ADDRESS: 22 WINDY HILL ROAD NORTH NEWTON TOWNSHIP PARCEL NO.#30-08-0593-003C LORI A. GIBSON, ESQ. PA I.D. #68013 JON A. MCKECHNIE, ESQ. PA I.D. #36268 MARLENE J. BERNSTEIN, ESQ. PA ID #43574 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. F0026994 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL PURPOSE. IS AN ATTEMPT TO BE USED FOR THAT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK Plaintiff VS. ROBERT E. RODGERS AND CATHY S. RODGERS Defendants No. NOTICE AND COMPLAINT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served upon you, by entering a written appearance personally or by attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court, without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 COMPLAINT 1. M & T Bank is a corporation with offices at 1100 Wehrle Drive, 2nd Floor, Williamsville, NY 14221 and is hereinafter referred to as "Plaintiff". 2. Defendants are adult individuals who reside at 22 Windy Hill Road, North Newton, Cumberland County, Pennsylvania 17241. 3. On or about March 2, 2001 Defendants execmed and delivered to Plaintiffa Mortgage on certain real property owned by Defendants. Said Mortgage was recorded in the Office of the Cumberland County Recorder of Deeds in Mortgage Book Volume 1676, Page 98. A copy of said Mortgage is attached hereto, marked Exhibit "1" and made a part hereof. 4. Of even date with said Mortgage, Defendants executed and delivered to Plaimiff a Note, a copy of which is attached hereto, marked Exhibit "2" and made a part hereof. 5. By the terms and conditions of the aforementioned Mortgage Defendants agreed to repay certain sums to Plaintiff and, in so doing, to make certain monthly payments to Plaintiff as is more specifically shown by said Mortgage. 6. On or about January 2, 2003, Notice of Homeowner's Emergency Act of 1983 were sent to Defendants in accordance with Act 91 of 1983(P.L.385, No. 91), as amended, and in accordance with Act 6 of 1974(P.L. 11, No. 6), as amended, and pursuant to 12 PA.Code Chapter 31, Subchapter B, Section 31.201 et seq., as amended, and that an action on said Mortgage may be commenced after 33 days from the postmark date of said Notice. Said Notice Further advised Defendants of Defendant's rights and obligations in accordance with said Acts. A copy of said Notices are attached hereto, collectively marked Exhibit "3", and made a part hereof. 7. Plaintiff avers that Defendant is in default of the terms and conditions of the aforementioned Mortgage by having not made payments as agreed, thereby rendering the entire balance immediately due and payable. 8. Plaintiff avers that the outstanding principal balance due is $68,635.67. 9. Plaintiff is entitled to interest at the rate of 8.79 percent per annum. 21, 2002 through and including February 28, 2003 amounts to $3,595.36 Interest due from July 10. Plaintiff is entitled to late charges of 3% of the monthly payment of principal and interest per month for a total of $168.24 as of February 28, 2003. 11. Pursuant to the terms and conditions of the aforementioned mortgage, Plaintiff, at its discretion, may do or pay whatever is necessary to protect the value of the property and Plaintiff's rights in the property. This sum is currently $1,642.92. 12. By the terms of the aforementioned mortgage, Defendants have agreed to pay reasonable attorney's fees in the amount of $950.00 and which will increase at the rate of $125.00 per hour depending on the extent of litigation required. 13. Although repeatedly requested to do so by Plaintiff; Defendants willfully failed and refused to pay the aforesaid balance, interest, escrow advances, late charges, attorney fees or any part thereof to Plaintiff. WHEREFORE, Plaimiff demands judgment in mortgage foreclosure against Defendants, jointly and severally, in the amount of $74,992.19 with continuing interest and late charges at the contract rate plus costs. BERNSTEIN LAW FIRM, P.C. Markffte J. Bemstein. ,~,~E~ squire Attorneys for Plaintif'f Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. F0026994 PAGE EXHIBIT / t MO~GAGE E RODGERS 3$ERS KO NE~V~LLE PA 1'72~1 of.MMl~l~gor(e) TO MOrtgagee Idlhula~t~Ji'~$ ahd 'r~ader$ Trust. ~c~ml~ny one. M&~ PI~i 8~f~&i0:' Nev~ 'York 14240 PAGE EXHIBIT / OF, , PA(~E$ CH Tm: D~;a~'O~ coUco ~ ii'wr~ JOSEPH J. BI='RNSTEIN (PA. FL) ROBERT S. BERNSTEIN (PA, FL, WV, NY) NICHuLAb U. K~AW;'-U U"A, ~L.., LORI A, E::!BEO.~! SUITE 2200 GULF TOWER. PITTSBURGH, PENNSYLVANIA 15219-1900 4B0(~927- WWW.BERNSTEINLAW.COM BERNSTEIN LAW FIRM, P.C. TRADITION ' TECHNOLOGY ' TALENT 3197 412~56~1 O0 FAX 412~9,5~8135 MARLENE J. BERNSTEIN (PA, FL) CHARLES E. BOBINIS (PA, WV) JON A. MCKECHNIE (PA) EDWARD G. WEHRENBERG (PA) KIRK B. BURKLEY (PA) (STATES OF ADMISSION) MAIL@BER NSTEIN LAW.CO m Robert E. Rodgers 22 Windy Hill Road North Newton, PA 17241 January 2, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able m help to save your home. This Nodce 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 County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency [oll flee at 1-800-342.-2397. (Persons with impaired hearing can call (717) 780- I869). EXHIBIT PAGE_ /., 0F. ~/, ,.. PAGES This Nodce 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 AD]UNTO ES DE SUHA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAHENTE 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 PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Robert E. Rodgers PROPERTY ADDRESS: 22 Windy Hill Road, North Newton, PA 17241 LOAN ACCT. NO. 57950660001 ORIGINAL LENDER Manufacturers and Traders Trust Company CURRENT LENDER/SERVICER H~T Bank HOMEOWNER'S EHERGENCY MORTGAGE ASSISTANCE PROGRAH YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COHPLY WITH THE PROVISIONS OF THE MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), EMERGENCY MORTGAGE ASSISTANCE: HOMEOWNER'S EMERGENCY YOU MAY BE ELIGIBLE FOR IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entided 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 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 agency 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 desi~ated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) if you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 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: 22 Windy Hill Road, North Newton, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July, August, September, October, November, December of 2002 and January of 2003 at $4,206.78 and interest at $3,041.52 and late charges at $150.00 for a total of $7,398.30. Other charges (explain/itemize): Title Search $150.00 Attorney fee $ 50.00 TOTAL AMOUNT PAST DUE: $7,548.28 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,548.28, 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: M~T Bank, 11 O0 Wehrle Drive, 2nd Floor, Williamsville, NY 14221 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 Drooerty. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. [f 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) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALF~--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 Sheriffs Sale. Yoll may do so by paying the total amount then past due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs 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 had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months after 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 contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: F,18~T Bank Address: 1100 Wehfle Drive, 2nd Floor, Williamsville, NY 14221 Phone Number: 716-630-4912 Contact Person: Alicia Oliver EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any dine. ASSUMPTION OF MORTGAGE--You ~ may or X may not (CHECK ONE) 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 TINES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND iS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR A COPY OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO, UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CREDITOR NAMED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TO DO SO. Very truly yours, BERNSTEIN LAW FIRM, P.C. DIRECT DIAL: 412-456-81 19 BERNSTEI~ FILE NO F0026994 JOSEPH J. BERNSTEIN (PA, FL) MARLENE J. BERNSTEIN (PA, FL) ROBERT S. BERNSTEIN (PA, FL. WV, NY) BE~RNSTi~! N CHARLES E. BOBINIS (PA, WV) NICHOL.A~ ~, r.,.l~AWe_',... (P'A, r',lC.,, UH) JON A. McKECHNIE (PA) LORI .^.. ~_,~c~, to^~ EDWARD G. WEHRENBERG (PA) ............ LAW FI RM, P.e. KIRKB. BURKLEY(PA) TRADITION · TECHNOLOGY - TALENT (STATES OF ADMISSION) SUITE 2200 GULF TOWER. PITTSBURGH, PENNSYLVANIA 1521 91900 -80(~927-3197 4! 2-456-8100 FAX 412-456~135 WWW.BERNSTEINLAW.COM MAI L@SER N STEIN LAW.COM Cathy S. Rodgers 22 Windy Hill Road North Newton, PA 17241 January 2, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S f4ORTGAGE 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 IHEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN :30 DAYS OF THE DATE OF THIS NOTICE. Take this Nodce with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. if you have any questions, you may call the Pennsylvania Housin~ Finance Agency toll free at 1-800-:342-2397. (Persons with impaired hearing can call (717) 780- 1869). PAGE EXHIBIT t OF <~ PAGES This Nodce 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 AD]UNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO 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. PROPERTY ADDRESS: LOAN ACCT. NO. ORIGINAL LENDER HOMEOWNER'S NAME(S): Cathy S. Rodgers 22 Windy Hill Road, North Newton, PA 17241 57950660001 Manufacturers and Traders Trust Company CURRENT LENDER/SERVICER M~T Bank 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 MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), EMERGENCY MORTGAGE ASSISTANCE: HOMEOWNER'S EMERGENCY YOU MAY BE ELIGIBLE FOR IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled .to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EI~IERGENCY 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 agency 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 counselin~ a~encies for the country 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.) [f you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 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: 22 Windy Hill Road, North Newton, PA ! 7241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July, August, September, October, November, December of 2002 and January of 2003 at $4,206.78 and interest at $3,041.52 and late charges at $150.00 for a total of $7,398.30. Other charges (explain/itemize): Tide Search $150.00 Attorney fee $ 50.00 TOTAL AMOUNT PAST DUE: $7,548.28 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,548.28, 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, cerdfied check or money order made payable and sent to: M~T Bank, 1100 Wehrle Drive, 2nd Floor, Williamsville, NY 14221 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 Sheriff to pay off the mortgage debt. [f 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) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any rime up to one hour before the Sheriff's Sale. Yoll may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other cosr~ connected with the Sheriff's Sale as specified in wridng 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 had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months after the date of this Notice. A notice of the actual date of The Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M~T Bank Address: 1100 Wehrle Drive, 2nd Floor, Williamsviile, NY 14221 Phone Number: 716-630-4912 Contact Person: Alicia Oliver EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. if you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or X may not (CHECK ONE) 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 HORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX #(717). 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR A COPY OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO, UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CREDITOR NAMED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TO DO SO. Very truly yours, BERNSTEIN LAW FIRM, P.C. ~~aralegal DIRECT DIAL: 412-456-81 BERNSTEIN FILE NO F0026994 p age 8 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that heXshe is the Banking Officer for the Plaintiff herein, that heXshe is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his~her knowledge, information and belief. '-'-"~-~'~-P~ P~I ~ C - F L IH AI~ BANKING OFFICER SHERIFF'S RETURN - REGULAR CASE NO: 2003-00954 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS RODGERS ROBERT E ET AL JASON VIOPJIL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RODGERS ROBERT E the DEFENDANT at 22 WINDY HILL ROAD , at 1520:00 HOURS, on the llth day of March , 2003 NEWVILLE, PA 17241 by handing to ROBERT RODGERS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /7'1~ day of ~ J Prot ~orTot ary So Answers: R. Thomas Kline 03/12/2003 BERNSTEIN LAW FIRM By: De~ y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00954 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS RODGERS ROBERT E ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the RODGERS CATHY S DEFENDANT at 22 WINDY HILL ROAD , at 1520:00 HOURS, on the llth day of March , 2003 NEWVILLE, PA 17241 by handing to ROBERT RODGERS, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His 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 /7~ day of ~ %~/L~ ~. A00~ A.D. ] p/~,O ~/no~ot ary /~ So Answers: R. Thomas Kline 03/12/2003 BERNSTEIN LAW FIRM By: ~ty Sheri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK VS. Plaintiff No. 03-954-CIVILTE ROBERT E RODGERS AND CATHY S RODGERS Defendants PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PA ID#36268 MARLENE J. BERNSTEIN, ESQUIRE PA ID #43574 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. F0026994 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK Plaintiff VS. ROBERT E RODGERS AND CATHY S RODGERS Defendants To the Prothonotary: Civil Action No. 03-954-CIVILTE PRAECIPE FOR JUDGMENT Kindly enter Judgment against the defendant above named and in favor of the Plaintiff, in the default of an Answer, in the amount of $75,575.24, plus continuing late charges and interest at the rate of 8.79% per month on the declining balance computed as follows: Amount claimed in Complaint Interest from 3/1/03 through 4/16/03 Late charges from 3/1/03 through 4/16/03 $74,992.19 $ 562.02 $ 21.03 TOTAL $75,575.24 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. BERNSTEIN LAW FIRM, P.C. Atto~{y for Pla~tiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 Plaintiff: c/o Bemstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219 Defendant: 22 Windy Hill Road North Newton, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK Plaintiff VS. ROBERT E RODGERS AND CATHY S RODGERS Defendants ROBERT E. RODGERS 22 WINDY HILL ROAD NORTH NEWTON, PA 17241 Civil Action No. 03-954-CIVILTE NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee Your are hereby notified that the following Order or Judgment was entered against you on ~na.~. !t'_5 , .TO~ (xxii) ' ~ Assumpslt Judgment in the amount (xxiii) () () (xx) of $75,575.24 plus costs. Trespass Judgment in the amount of $ plus costs. If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (X) Default ( ) Verdict ( ) Arbitration Award Prothonotary - ROT::ONOTA y (OR DEPI{TTy) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK Plaintiff VS. ROBERT E RODGERS AND CATHY S RODGERS Defendants CATHY S.. RODGERS 22 WINDY HILL ROAD NORTH NEWTON, PA 17241 Civil Action No. 03-954-CIVILTE NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee Your are hereby notified that the following Order or Judgment was entered against you on ~a.t~ 10 t 2~(a,~ (xx) Assumpsit Judg~neht in the amount (xxi) of $75,575.24 plus costs. () () (xx) Trespass Judgment in the amount of $ plus costs. If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (X) Default ( ) Verdict ( ) Arbitration Award Prothonotary ............ ARY (OR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK Plaintiff VS. Civil Action No. 03-954-CIVILTE ROBERT E RODGERS AND CATHY S RODGERS Defendants IMPORTANT NOTICE TO: ROBERT E RODGERS 22 Windy Hill Road North Newton, PA 17241 Date of Notice: April 3, 2003 YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 Bernstein Law Firm, P.C. By:/s/Marlene J. Bernstein, Esquire Marlene J. Bernstein Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK Plaintiff VS. Civil Action No. 03-954-CIVILTE ROBERT E RODGERS AND CATHY S RODGERS Defendants IMPORTANT NOTICE TO: CATHY S. RODGERS 22 Windy Hill Road North Newton, PA 17241 Date of Notice: April 3, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAR1NG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 Bernstein Law Firm, P.C. By:/s/Marlene J. Bernstein, Esquire Marlene J. Bemstein Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non- military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others.