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Home My WebLink About03-1512MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 M & T Mortgage Corporation s/b/m/t Keystone Financial Mortgage Corporation P.O. Box 1288 Buffalo, NY 14240 Plaintiff Vo William H. Beattie Joan M. Beattie 111 Clemson Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION . Cumberland County COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Mace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su. persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVEESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 742 Bloserville Road a/k/a 742-748 Bloserville Newville MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Frankford Township COUNTY: Cumberland DATE EXECUTED: 11/18/94 DATE RECORDED: 11/18/94 Book: 1242 Page: 197 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of (b) 4/1/03: principal and interest when due in the amounts indicated below; by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of Principal of debt due npaid ~nterest at 9.125% rom 1%/01/02 to 4/1/03 (the per diem interest accruing on this debt is $18.64 and that sum should be added each day after 4/1/03) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (Th9 monthly escrow on this account is $269.45 and that sum should be added on the first of each month after 4/1/03) Late Charges (monthly Sate charge of $32.75 should be added in accordance with the terms of the note each month after 4/1/03) NSF Charges Corporate Advance Attorneys Fees (anticipated and actual to 5% o~ principal) TOTAL $74,558.77 2,833.28 250.00 280.00 720.18 131.00 60.00 70.00 3,727.94 $82,631.17 7. The attorney's fee 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 in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $82,631.17 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Attorney I.D. No. 04302 ALL THAT CERTAIN TRACT OR LOT OF LAND SITUATE IN THE VILLAGE OF BLOSERVILLE, UPPER FRANKFOP~D TOWNSHIP, CUMBEP, LAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST SIDE OF THE ROAD LEADING FROM MCCLURE~S GAP TO NEWVILLE, AT ITS INTERSECTION WITH THE ROAD LEADING FROM CARLISLE TO DOUBLING GAP (PA. 944)~ THENCE BY THE MCCLURE'S GAP TO THE NEWVILLE ROAD, SOUTH 71 1/2 FEET MORE OR LESS TO A LOT NOW OR FORMERLY OF ISRAEL BUCKWALTER~ THENCE BY SAID LOT, WEST 198 FEET MORE OR LESS TO AN ALLEY~ THENCE BY SAID ALLEY, NORTH 54 1/2 FEET MORE OR LESS TO ROAD LEADING FROM CARLISLE TO DOUBLING GAP~ THENCE BY THE ROAD LEADING FROM CARLISLE TO DOUBLING GAP HAST 198 FEET MORE OR LESS TO THE PLACE OF BEGINNING. CONTAINING 36 PERCHES MORE OR LESS. HAVING THEREON ERECTED A DWELLING HOUSE ON THE COR1TERAND A GARAGE ON THE REAR. 'MaT MOrtgage Corporation 1-800-724-1633 F'ebruary 14, 2003 Joan M Beattie .742748 Bloserville Rd Newville, PA 17241 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: CURRENT LENDER/SERVICER: William H Beattie Joan M Beattie .742748 Bloserville Rd Newville, PA 17241 9508870 M&T Mortgage Corporation H'OMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMI~. FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TIlE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGA(~E ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY' BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CLRCUMSTANCES 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 an'ange 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 TI-I~. 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 (3 days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this EXHIBIT A M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 Mortgage Corporation 1-800-724-1633 _l'(otice -It is only necessary to schedule one face-to-face ~neeting. Advise your lender ~mmediatelyof your ihtentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage ~s 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 an~d 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 BANKRUP. TCY, 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: 742748 Bloserville Rd Newville, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the folloWmg,.months and the folloWing amounts are now past due: Regular monthly payments of $ 817.88 for the months of 12/01/2002 through today's date: Other charges: Accrued late charges Accrued other fees: TOTAL AMOUNT PAST DUE: $2,666.74 $163.75 $130:00 $2,960.49 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 ~q&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 Mortgage Corporation ?~ s~'he~. ~/,~'~' ~;~,' ~,~xi? ~'~?.~l,;. ( }:,er ~4~? ~';t ~:~ ~;¥' ]'.¥,~r.~';m;cc ,~-h?m., d ~ 4 1-800-724-1633 $~2,960.49, PLUS ANY MORTGAGE PAYMENTS ANI~ 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 Mortgage Corporation One Fountain Plaza / 7th Floor Attn: Payment Processing Buffalo, NY '14203 You can cure any other default by 'taking the following action within THIRTY (30) DAYS of the date of this letter: 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 ex ercise 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 withinTHIRTY (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. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,' which may also include other reasonable costs. If you cure the default ~vithin the THIRTY' (30)' DAY period, you will not be required to pay attorney's fees. OTHER LI~.NDER REMEDIES"-- The lender may also sue you personally for the tmpaid 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 forec}osure 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. You may do so by paying the iotal 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 defanlt 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 SA!,E DATE -- it is estimated that the earliest date that such a Sheriffs Saleof the mortgaged property could be held Would be approximately 10 months from 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 ma.y find out at any time exactly what the required payment or action wi 11 be by contacting the lender. HOW TO CONTACT THE LENDER: Name of ~,ender: M&T Mortgage Corporation Address: P.O. Box 840 Buffalo, NY 14240 Phone Number: (800) 724-1633 M&.T Mortgage Corporation · ~orrespondence · P.O. Box 840, Buffalo, New York 14240-0840 MeT iortg e Con. oration ,~. sl:[[s.l )I,.%n? i'.:.',~¢' M~['~t~,t,~'l~, ~ a,~7,r b,~; .cf~,~-'. f~f L.f;;~.?.;:.~ ,~-~- ,q~-?.~r.~~ !.5- i-800-724-1533 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the ~ortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or_.q_ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CUR_ED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION A S IFNO 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 kNY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY o~THER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Evelyn Wilson Enc: Act 91 Notice Consumer Credit Counseling Agencies Serving Your County M&T Nortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 1-800-724-1633 Date: February 14, 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 to help to save your home. This Notice explains hosv 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 ~vith the Counseling Agency The name, address and phone number of Consumer Credit Counseling Aiencies serving your County are listed at the end of this Notice. If you .have any questions, yon may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(PerSons with impaired hearing can call (717) 780-1869)'. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association . may be able to help you find a lawyer. ' - LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO AR~BA. 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 REDIM1R SU HIPOTECA. M&T ...... Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 Counseling Agencies LOAN NUMBER 9508870 Adams .County Housing Authority 139-143 Carliste St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Commnnity Action Commission of Captial Region 1514 Derry Street Harrisburg, PA I-/104 (717) 232-9757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, FA 17268 (717) ~62-3285 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Urban Leagne of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 in Cumberland County 1-800-724-1 ~33 February 14, 2003 William H Beattie 742748 Bloserville Rd Newville, PA 17241 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: CURRENT LENDER/SERVICER: William H Beattie Joan M Beattie 742748 Bloserville Rd Newville, PA 17241 9508870 M&T Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMlr. FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS · IF YOU COMPLY WITH'THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGA/~E ASSISTANCE' ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. 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 WITH-IN 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 acti on against you for thirty (30) days after the date ofthi s meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this M&T Mortgage Corporation · Correspondence. P.O. Box 840, Buffalo, New York 14240-0840 M age CorporatiOn .~, ~:~*.~ x.~.a¥ ,,-.~' ~,~t't~.m,: ~ (~.,,,:-r ~; if.;~'~ ::~ f'~':~,.'~':.:;,'r,'- )a-J,,~-:.~,.' ~".:~ 1-800-724-1633 Notice. It is only necessary to schedule one face-to-face ~neeting. Advise your lender immediatelyof your int.e[tions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in defauli 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 ~vith the lender, yoU have the 'right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you must fi 11 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 OTItER 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 Pdnnsylvania Housing Finance Agency has s~xty (60) days to make a dec isi on after it receives your applicati°n. 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 BANKRUP. TCY, 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 b~nkruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MOR~'GAGE debt held by the above lender on your pi-operty located at: 742748 Bloserville Rd Newville, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the folio.wing amounts are now Past due: Regular monthly payments of $ 817.88 for the months of 12/01/2002 through today's date: Other charges: Accrued late charges: Accrued other fees: TOTAL AMOUNT PAST DUE: $2,666.74 5; 163.75 $130.00 $2,960.49 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 M&T Mortgage 'Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 Mil' IVlo e 'Corporatiot: ' $2;960.49, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DU,~d-NG THE THIRTY (30) DAY PERIOD. Pa)m-lents must be made either by cash, cashier's check, certified check or money order made payable and sent to: M&T Mortgage Corporation One Fountain Plaza / 7th Floor Attn: Payment Processing Buffalo, NY 14203 YOU can cure any other default by taking the following action within THIRTY (30) DAYS of the da're of this letter: 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 mortgage d property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal prOceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you o~ve the lender, which may also include other reasonable costs. If you cure the default within the THIRTY {30) DAY period, you will not be required to pay attorney's fees. OTHER LigNDER 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 SI-W~RIFF'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 timeup to one.hour before the Sheriffs Sale. You 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 SAI,E DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from 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-Mortgage Corporation Address: P.O. Box 840 Buffalo,'NY 14240 Phone Number: (800) 724-1633 M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 rvl CorporatiOn -1-800-724-1633 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mo .rt~aged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender'at any time. ASSUMPTION OF MORTGAGE -- You may or X. may not sell or transfer your hOme to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied'. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CUR.ED 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. (HOIIFEVEK YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES [iq 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. Sincerely, Evelyn Wilson Enc: Act 91 Notice Consumer Credit Counseling Agencies Serving Your County. t4&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 1-800-724-1633 Date: February 14, 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 to help to save your home. This NOtice explains how the program works. To see if HEMAP can help, you must MEET WITH A cONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your-County are listed at.the end of this Notice. If you have anY questions, ye- may call the Pennsylvania Housing FinanCe' Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also Want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU.DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO PeR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL' DERECHO A REDIMIR SU HIPOTECA. ..... Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New'York 14240-0840 CoUnseling Agencies in CUmberland County LOAN NUIVIBER 9508870 Adams County Housing Authority 139-143 Carlisle St. Gettysbu'rg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (7i 7) 232-9757 Financial CoUnseling Services of Franklin 31 West 3rd Street Waynesboro, P.A 17268 (717) 762-3285 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Urban Leagne of Metropolitan Hbg 2107 N. 6t~ Street Harrisburg, PA 7101 (717) 234-5925 1-800-724-1633 February 14, 2003 Joan M Beathe 111 Clemson Dr Carlisle, PA 17013 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: CURRENT LENDER/SERVICER: William H Beattie Joan M Beattie 742748 Bloserville Rd Newville, PA 17241 9508870 M&T Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGA(~E ASSISTANCE ACT OF 1.983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, A-ND 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 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. CONSUME R 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 agmnst you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agenmes for the county in which the property is located are set forth at the end of this ~4&m ...... Mortgage Corporation · Correspondence · P,O. Box 840, Buffalo, New York 14240-0840 1-800-724-1633 - Notice. It is only necessaW to schedule one face-to-face ~eeting. Advise your lender immediatelyofyour 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 ;VILL 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.TFi~ 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: 742748 Bloserville Rd Newville, 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: Regular monthly payments of $ 817.88 for the months of 12/01/2002 through today's date: Other charges: Accrued late charges: Accrued other fees: TOTAL AMOUNT PAST DUE: $2,666.74 $163.75 $130.00 $2,960.49 HOW TO CURE THE DEFAULT --You may cure the default ;vithin THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS M&T ...... Mortgage Corporation · Correspondence · P.O. Box 840, Buffato, New York 14240-0840 Mart Mortg e Corporation · 1-800-724-1633 $1t,960.49, 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 Mortgage Corporation One Fountain Plaza / 7th Floor Attn: Payment Processing Buffalo, NY 142D3 You can cure any other default by taking the following acnon within THIRTY (30) DAYS of the date of this letter: 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 0fthe total amount past due is not made within THIRTY (30) DAYS, the lender al so '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. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins lega! 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) DAY period, you will not be required to pay attorney's tees. 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 fight to cure the'default and prevent the sale at any time up to one hOur before the Sheriff's Sale. You may do so by paying the total amount then past due, Plus any late or other charges then due, reasonable 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 SAI,E DATE -~ It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheri frs Sale will be sentto 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 Mortgage Corporation Address: P.O. Box 840 Buffalo, NY 14240 -' Phone Number: (800) 724-1633 MET Mortgage Corporation · Correspondence · P.O, Box 840, Buffalo, New York 14240-0840 M&T Mortgage Corporation A ~15~.~II.~;~,R:,~ O~; P,.I,~i'' ~%,~NI,; - (}~'~:r /~i,~ 'U-,, ,-. :~- ,~, - ........ , - ....... ~,~ .... /.-,,, a,m" ~'.~.~.,~:~ ~ '. 1-800-~24-1633 FiFFECT OF SH~FF'S S~E -- You should realize ~hat a Sheriffs Sale will end your o~ership of the mo~gaged prope~ and your right to occupy it. If you continue to live in ~e prope~ after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be staaed by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or ~ may not sell or ~ansfer your home to a buyer or transferee who will assume the mo~gage debt, provided that all the outst~ding payments, charges and attorney's fees ~d costs are paid prior to or ar the sale and that the other reqmrements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY'TO OBTAIN MONEY TO PAY OFF THE MORTGAGE. DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF 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. Sincerely, Evelyn Wilson Enc: Act 91 Notice Consumer Credit Counseling Agencies Serving You~ County rvl&T ...... Mortgage Corporation; Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 t-800-724-1633 Date: February 14, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YO.UR 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 (HEM_AP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, yon may call the PennsYlvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA 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 PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. M&T Mo[tgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 Counseling Agencies in C mberland IJOAN NUMBER 9508870 Adams County Housing Authority 139-143 Carlisle St.' . Gettysburg, PA 17~_5 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, P.~ 17268 (717) 762-3285 Loveship, Inc. 2320 North 5th Street Harrisburg~ PA 17110 (717) 232-2207 Urban League of Metropolitan Hbg 2107 N. 6th Street Han'isburg,?A 17101 (717} 234-5925 C'ounty .Mortg e Corporation' 1-800-724-1633 February 14, 2003 William H Beattie 111 Clemson Dr Carlisle, PA 17013 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: CURRENT LENDER/SERVICER: William H Beattie Joan M Beattie 742748 Bloserville Rd Newville, PA 17241 9508870 M&T Mortgage Corporation HOMEOWNER'S EIVIERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGA/~E ASSISTANCE ACT OF 1983 (THE "ACT".), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF.YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. 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 EMERGENCY MORTGAGE AS SISTANCE, 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 c~edit 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 c~unseling agencies for the county in which the property is located are set forth at the end of this IVl&T Mortgage Corporatio~ · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 MaT Mortgage Corporation · '~ :';i~l~-.%tl'~i,?~,.';;~¥ t'.~,' ;','1~[' ~L,~-;K · ( )':'~' ~:!(,~ ~;~c,~ ~./'~.?¥'~';:::~;4'~: ~i'~']~;~,q; ~ '~ 1-800-724-1633 Notice It is only necessary to schedule one face:to-face meeting. Advise your lender immediately0f 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 tn 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 fro-th 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 BANKRUP. TCY, THE FOLLO~VING 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 lende~ on your property located at: 742748 Bloserville Rd Newville, 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: Regular monthly payments of $ 817.88 for the months of 12/01/2002 through today's date: Other charges: Accrued late charges: Accrued other fees: TOTAL AMOUNT PAST DUE: $2,666.74 $163.75 $130.00 $2,960.49 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 MiT Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 1-800-724-1633 $,2,960.49, 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: MAT Mortgage Corporation One Fountain Plaza'/7th Floor Attn: Payment Processing Buffalo, NY 14203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: 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. If the l'ender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be ~-equired 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 al'so include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LI~NDER 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 peribd 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. You 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 yonr 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 10 months from 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 CONTACTTHE LENDER: Name of Lender: MAT Mortgage Corporation Address: P.O, Box 840 Buffalo, NY 14240 Phone Number[ (800) 724-1633 M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 1-800-724-1633 'EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheri fPs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You __ may or_g_ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL 'THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CUR_ED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAvE THE MORTGAGE RESTORI~D TO THE SAME POSITION AS. IF NO 13 EFAULT 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 PROCEEDt-NG 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. Sincerely, Evelyn Wilson Enc: Act 91 Notice Consumer Credit Counseliiag Agencies Serving YoUr County M&T .... Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 1-800-724-1633 Date: Februaryt4, 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 to help to save your home. This Notice explains how the program works. TO see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notide 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, yon may call the Pennsylvania Housing Finance Agency toll free at 1-800,342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If You have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LANOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA' AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO. ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. M&T Mortgage Corporation · CorresPondence · P.O. Box 840, Buffalo, New York 14240-0840 : = eling Agencies in CUmberland County LOAN NUMBER 9508870 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS 'of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (7t 7) 232-9757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PJh 17268 (717) 762-3285 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 4904 relating Pa.C.S. Section authorities. to unsworn falsification to . n, ESQUIRE RK J ASSOCIATES SHERIFF'S RETURN - REGULAR C~SE NO: 2003-01512 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T MORTGAGE CORPORATION VS BEATTIE WILLIAM H 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 BEATTIE WILLIAM H the DEFENDkNT , at 1456:00 HOURS, on the at 111 CLEMSON DRIVE 4th day of April , 2003 CARLISLE, PA 17013 WILLIAM BEATTIE by handing to 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 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /3 ~ day of ~ A.D. rothonota~y ' So Answers: R. Thomas Kline " 04/07/2003 MARK UDREN By: ~ p ty Sheriff SHERIFF'S RETURN - REGULAR C~SE NO: 2003-01512 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T MORTGAGE CORPORATION VS BEATTIE WILLIAM H 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 BEATTIE JOAN M the DEFENDANT , at 2100:00 HOURS, on the at 75 PARTRIDGE CIRCLE 4th day of April , 2003 CARLISLE, PA 17013 JOAN BEATTIE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. NOT AT 111 CLEMSON DRIVE CARLISLE, PA Sheriff.s Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this /~ ~ day of ~2~o3 A.D. f ~rothonotary So Answers: R. Thomas Kline 04/07/2003 MARK UDREN By: -- ~eputy Sheriff SHERIFF'S RETURN - REGULAR C~SE NO: 2003-01512 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T MORTGAGE CORPORATION VS BEATTIE WILLIAM H 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 BEATTIE WILLIAM H the DEFENDANT · at 1456:00 HOURS, on the at 111 CLEMSON DRIVE 4th day of April , 2003 CARLISLE, PA 17013 WILLIAM BEATTIE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing ~is attention to the contents thereof. NOT AT 742 BLOSERVILLE ROAD NEWVILLE, PA Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /0 ~ ~ day of · ~ ~Z~ A.D. 'P~othonot ary So Answers: R. Thomas Kline 04/07/2003 MARK UDREN uty Sheriff SHERIFF'S RETURN - REGULAR C~SE NO: 2003-01512 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T MORTGAGE CORPORATION VS BEATTIE WILLIAM H 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 BEATTIE JOAN M the DEFENDANT , at 2100:00 HOURS, on the at 75 PARTRIDGE CIRCLE 4th day of April , 2003 CARLISLE, PA 17013 JOAN BEATTIE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing He___r attention to the contents thereof. NOT AT 742 BLOSERVILLE ROAD NEWVILLE, PA Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~ day of ~ ~,.} A.D. ~rdthonotary ~ ~- So Answers: R. Thomas Kline 04/07/2003 MARK UDREN By: uty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01512 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T MORTGAGE CORPORATION VS BEATTIE WILLIAM H 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 BEATTIE JOAN M the DEFENDANT , at 2100:00 HOURS, on the at 75 PARTRIDGE CIRCLE 4th day of April , 2003 CARLISLE, PA 17013 JOAN BEATTIE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~) ~ day of ~/~ J~ A.n. So Answers: R. Th'omas Kline 04/07/2003 MARK UDREN By: t~ Sheriff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 M & T Mortgage Corporation s/b/m/t Keystone Financial Mortgage Corporation Plaintiff William H. Beattie Joan M. Beattie Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County NO. 03-1512 Civil Team PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES Attorney for Plaintiff DATED:May 13~ 2003