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HomeMy WebLinkAbout01-0288 FX ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. () I - ;)31> CL\) '\ l OLEN E. JUMPER Defendant CNIL ACTION ~ LAW MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 ~~ (717) 240~6200 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUlR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 ~~ (717) 240~6200 !'~~1'Il' . I" - ~" ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. OLEN E. JUMPER Defendant CNIL ACTION ~ LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg,PA 17102~2392 (717)234~4178 Attorney ID #15700 Attorney for Plaintiff ;""'lI'@~ . , ,< . , f- '~ ' , ,. -', F- '" ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL Y ANIA YS. NO. 6/-,2 rf ~ J,t.{A<- OLEN E. JUMPER Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Corporation with offices at 1111 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019~3931. 2. Defendant, OLEN E. JUMPER, is an adult individual whose last known residence is 230 WEST DAUPHIN STREET, ENOLA, P A 17025~2209. 3. On or about March 6, 1998, Defendant executed and delivered a Loan Agreement in the sum of $45,038.00 payable to ASSOCIATES CONSUMER DISCOUNT COMPANY. 4. Contemporaneously with and at the time of the execution of the aforesaid Loan Agreement, in order to secure payment ofthe same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office ofthe Recorder of Deeds in Mortgage Book Y20, page 737, conveying to the original Mortgagee the subject premises. Said Mortgage is attached hereto and marked Exhibit "A". 5. The land subject to the Mortgage is: 230 WEST DAUPHIN STREET, ENOLA, PA 17025~2209, and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. ".T,. . ~ -~ ' , ., < .' 1- ~ -0" . , 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May 15, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 45,038.77 (b) Interest at $12.33 per day from 5/15/00 to 1/15/01 (based on contract rate of 9.99%) 3,020.85 (c) 15% Attorney's commission 6,755.82 TOTAL $ 54,815.44* *Together with interest at the per diem rate noted in (b) above after January 15, 2001, and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy ofthe Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". I O. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. "~,-~, .i ..,_'. -~ ' '-1-- -p- ,'~ """ _..~ 11. Defendant is not a member ofthe Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.99% ($12.33 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. By eon P. Haller Attorney for Plaintiff 1. D. #15700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234~4178 C~"~_'1"_..' ., " ~ ~". .. , ~\141 r MORTGAGE This MOIIgage,enleredinto this..ldayof OLEN E. JUMPER MARCH an' ,~,belween ROMAINE M. JlJHPF.R (DECEASF.D) of EAST PENNSBORO m~rT~""'*) Commol1weallh of Pennsylvania, herein called "Morlgagors", and ASSOCIATES CONSUMER DISCOUNT COMPANY, Pennsylvania corporalion having an office and pl~e of business at 5080 C JONESTOWN RD, HARRISBURG Pennsylvania, herein called "Mor/gagee." ., WITNESSETH, that to secure payment by Mortgagors of a loan Agreement dated the same as this Mortgage In the sum of $ 45038.77 , together with interelilt at the rate stated In the Loan Agreamenl, Mortgagors do by these presents sell, grant and convey /0 Mor/gagea, ALL Ihe tOllowing described real eslate siluate in lhe TOWNSHIP of EAST PENNSOORO County of CUMBERLAND ,Commonwealth of Pennsylvania, described as follows: (Insell ~..etiptiotl oj morlgaga~ p;eml~es 1'''''' MOllllagors' OM~) <D ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE TOWNSHIP OF EAST PENNSBORO ImING__ KNOWN AS 230 DUAPHIN STREET AND BEING MORE FULLY DESCRIBED N DEED BOOK Y-20 ~GE,::-. 737 RECORDED ON 8/19/63 AMONG THE LAND RECORDS OF ~UMBERLAND COUNTY, PA, =: :_;,.: ~,-. , -n ::3 >-' '" >-' GO <",-, co '" Cr-' ~.:; ::,1 :.:' TOGETHER wilh al! !he bui!dirws and improvements Ihereon and addj~ons aml ailersticns lherelo, including a!i alleys, passageways, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereuntC!_ belonging, or apperlalning, herein calli!c1lne Mortgaged Premises, TO HAVE AND TO HOLD fhe Mar/gaged Premises hereby gr~nled and conveyed vnlo Morlgagee, to and lor 'the use and behoof of MOrlgagee, Its success ors and assigns, lorever. " "v Unle~S prohibited under I5tate law, as additional security, Mortgagors hereby give to and confer upon Morlga~\e the right, power, and Elu/hori/J', during /he -continuance 01 Ihis Mortgage, 10 co/leel the renls, issues, and pro!i!s, of said properly, reserving un/o Mortgagors the rigr.t prior 10 any qelaull by Mortgagors in payment 01 any Indebtedness secured hereby or In performance of any agr(!ement herounder, to colleo::l and retain such rents, Issues and profits as ttl/iy become due and payable, Upon any sucll de(aljlt, Morlgs-;ee, upon givilig wrltten no!iflcaUon 10 the Mortgagors or their successors, ete" may either in parson, by agent, or by a receiv~r 10 00 appointed by a court, and without regard 10 the adequacy 01 any security for the indebtedness hereby secllrad, enter upon and lake possession of said property or any pari thereof, in his own name, sue lor or otherwise collect such renls, issues and prolils, including those past dUll and unpaid, and apply tnseame, less allowable expenses of collection of such renls, Issues and profits, and the application thereof aforesaid, shall not cure or waive any dsfault or nollce 01 default hereunder or invalidate any aCI i:lone pursuanl to such notice. THIS Mortgage is made subject to the foltowing conditions, and mortgagors agree: 1 Mortgagors will maKe all payments on Ihe dUEl date thereof an1:l perform all other obligations as required or provided herein andin.<;aidLoanAgreemenl. 2. Mortgagors will pay when due alllaxes and assessmenls levied or assessed agalnsl said premises or any part thereof, and wi!1 delIVer receipls !herefor to the Mor/gagee upon request :l. Mortgagors will keep lhe improvements now existing or hereinafter erected on the premises Insured against loss or damage by fire and olher hazards and perils included within the scope of 1:1 slandard exlended coverage endorsement, and such other hazards as Mortgagee may require, in such amounts and for such periOds as Mortgagee may require, and in an insurance company or insufano::e companies acceptabte to Mortgagee, Ail insurance policles and ranawats shall designate Mortgagee as mortgage loss payee and shall be in a form accept~ble to Mortgagee. Mortgagors hereby conlar full power on Mortgagee to saUle and compromise all loss, claims on aU such policies; to demand, receive, and receipt for all proceeds becoming payable thereunder; and, af Mortgagee's option, 10 apply same toward eilher Ihe resloration or repair 01 !he premises or lhe payment of the Loan Agreement, Any application of such proceeds toward payment of lhe Loan Agreemfml shall nol ex/end or poslpone Ihe due dale 01 monthly InslaUmen/s due under the toan Agreement The provisions appearing on page 2 (the "NarSe side of this Mortgage) are a part 01 this MC)rlgage, GI1~~21\E\', 4.07 RIGINAL(l} BORROWll:RCCPY!l) Rll:TE.NTtONCOPY(1) CC279A,o~ 8ovd4351AGf. .774 EX+ffEtl 7\'t "'- " Addltlonal provisions rltlltrrltd to on pogo 1 (thE! othQr sid It 01 this Mortgago) II Mortgagors 1ail to perlorm the covenants and agreements contained in this Mortgage; including, without limitation. covenants to pay laxes, procure insurance. and prolect against prior liens. Mortgagee may at its option, out shall not be required to. disburse such sums and take such acllons necessary 10 pay such lax&s, procure such insurance, or otherwise 10 prolect Mortgagee's interest Any amount dit.bursed by Mortgagee hereunder shall be an addlUonal obligation of Mortgagors secured by lhis Mortgage. Unless Mortgagors and Mortgagee agr&e otherwise, aU such amounts shall be payable immediately by Mortgagors upon nolice lrom MortgageE! \0 Mortgagors, and may bear interesl from the date of disbursement by Mortgagee al the !Feser of 1M Agreed Rate 01 Interest stated in the loan Agreement or lI1.e highest interest rate permissible by applicabte, law. Nothing contained in Ihis paragraph Shall require Mortgagee 10 Incur <lny expense or take any aclionwhatsoevar. 4. Marlgagors wiu neilhBr commit nor suffer eny Slrip, waste, impairmenl or de/erioralion 0/ Ihe mor/gaged premises, and wil! main/Olin lhe same in good otder and repair. 5. In the event lhe Mortgagors sell, agree t<:l seU, convey, assign or aRenate (he Mortgaged Premises, aU obligalions seoured by this Mortgage shalf become due anCl payable at \he option of the Marlgagee. 6 In Ihe eYefll the MOfIgagore de/aull in Ihe making of any payment due and payable under said Loan Agreement, or in Ihe keeping and performance by Mortgagors 01 any of the conditione or covenants otthie M<:lrtgage or said loan Agreement, Mortgagee may forthwith bring an Action of Mortgage Foreclosure hereon, or Institule olher foreclosure proceedings upon this Mortgage, and may proceed to judgment and execution to recover t1'le balance due on said loan Agreement and any other sums that may be due ther"under, inCluding a\lorney lees 0115% of thE! balance due and payable on said loan Agreement, costs 01 suit, and costs 01 sale together With inlerest alter judgmenl allhe rale charged under lhe lerms otlhe loan Agreemenl. BUT PROVIDED ALWAYS, thaj if Mortgagors do payor cause this Mortgage and (he debt hereby secured to be paid in lUll on the cay and in the manner provided in said loan Agraemenl, then lhis Mortgage and Ihe eslate hereby granted shall cease and determine and becotne void, anything herein fo the contrarY nolwilhslanding. The oovenanls herein COnlained .shall bind. and lhe bene/ils end aClvanlages shell inure 10 Ihe respeClive heir~, execulors, adminislra/ors, successors. and ilssi{}n$ ollhe pi!lrlie$ hereto. Whenever used, /he singular nl.Jmber shall include Ihe plura!, Ihe plural the .singular, and thEt use ot any gender shall be applicable le ali genders. Payment 01 this Mongage is subject to lhe terms and condilions 01 said Loan Agreement 01 even date between Morlgagors and Morlgagee. COMMONWEALTH OF' PENNSYLVANIA i'I"'c ..J",'" COUNTY OF l~..r 02 JUMPER lWMATNP M l ss mMPP~ (1wr.p.Ae::p.n) "",;:::};'''1:Li~:'>., al(sJ affixed, on Ihe dale fl4t.~B~e~;C" " ~..... ....~...: -"'/.',:. -;;. i;_t\> /~~:.($EALJ ~ ''5 -'.' _l~EAt) ;; '''1< ' ~;iE'" ~.t";:.,".".I,:.. '>[';":1.sQI~''L) '''"V_}~''::.:;..'.'':'l.'',..~ ""'",! 'y~l "1,'~",. "",,,,,,,,,,, 1998 . belorE! me, a Nolary Public, came ,Mortgagor's) above named, and acknowledged Ihe within Mortgage to be HTe:: li'IH,P \: act and deed, and desired the same to be recorded as such. WITNESS my hand and seallhe day and yesr aforesaid. On/hi$ OLEN E, "1,\ day 0' MARCH Notarial Seal Laura M.leed, Notill'l Public Harrl50ufg.0alJp1lInCO!NII)' My CommissIon E~plres March 10. 2001 ~,iI~, /-w'llll;vl~anl.l Assnc!allim oJ NDtailOD CERTIFICATE OF RESIDE E Sl~te 01 F'ennSI'JVflllia, 1 KALLEEN CAPARElLA 01 AssoofEia;srt&fi~lifHe}lWIJi:ib'(iht cJlK~any, Mortgagee Dllmea flr;ctlT led.1 fhe a/!ica lor /he recardinifof Q(,1.'J4;}" in the foregoing Mortgage, hereby certify that the address of said MorlgageefGI [jll [- ':" mberllmd Count\" f'.> .1. ~, 0,: , in o. l"'a'l~ 5080 C JONBSTQWN RD witn eat of of . HARRISBURG , PennsYlvania. " WITNESS my hand, /his....3- day or MARCH Gr'SS2 ! w~ '~ ~, -,' " ~ .C~..' < ~. ALL TI~T CERTAIN lot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Penn- sylvania, bounded and described as follows, to wit: ' BEGrimING at a point in the southern line of Dauphin street at or opposite the center of the partition wall dividing properties knowo.as No. 230 and 232 Dauphin Street, said point being two hundred twenty-nine and three hundred eighty-nine one-thousands (229.38~~) feet east of the southeast corner of ,;~' Brick Church. Road and Dauphin Str"et; thence along the southern line of Dauphin . Street, North 79 degree! 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred fiye one-thousandths (117;505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partition wall divi(ling properties known as No. 230 and 232 Dauphin street; thence North 10 dee;rees 20 minutes Hest through the center of the partition wall dividing propertie~ known as No. 230 and.No. 232 Dauphin Street and be- yond one hundred seventeen and five hundred five one-thousandths (117.505) feet to a point, at the.place of BEGlmlING. HA VING thereon erected the eastern one-half' of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania. I 1 j , i I I i I I I EK j-/- {B I r /(6\\ .~~-" ,. '.' Re: Associates vs. JUMPER Act 6/91 Notice U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Fo~ 3817) ,Received from: Purcell, Krug & Hall~r 1719 North Front Street Harrisburg, PA 17102 "~~ne piece of ordinary mail addressed to: Olen Jumper 230 W. Dauphin Street Enola, PA 17025-2209 '~, ~--< -I - Postage: Postmark: Ex: H 116 /1 I(C-.\l ACT 9 1 NOT ICE 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 na~ure of the default is provided in the attached pages. . The HOMEOWNER'S MORTGAGE >"'8ble to help save your home. program works. ASSISTANCE PROGRAM (REMAP) may be This Notice explains how the .To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TRE 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 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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO 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. ~ ,,-",,~ '" YJ__~ ,_~ , October 9, 2000 To: Olen Jumper 230 W. Dauphin Street Enola, PA 17025-2209 Re: Loan No. 013703360208597 Property: 230 W. Dauphin Street, Enola, PA 17025 CURRENT LENDER/SERVICER: Associates Financial Services Co., , '1111 Northpoint Drive, Building 4, 100, Coppell, Texas 75019-3931 Inc. , Suite ,'~ ~ HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ! IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL ! IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND ! IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE X 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 a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY 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. ""'P.,,="-. '" _" "-- ,__,~" ~..'r., , t. CONSUMER CREDIT COUNSELING AGENCY X If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGEiASSISTANCE - 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 ~~he 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.) ',~~. '<', "-,r-- '., .", . ~ '- HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT X The MORTGAGE debt held by the above creditor on your property located at: 230 W. Dauphin Street, Enola, PA 17025 IS IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The ,following amounts are now past due: Delinquent payments (5 @ $533.65) Payment due du~ing cure period $2,668.25 533.65 Total amount due $3,201.90 3: -:/ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT X 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 plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Associates Financial Serives Co., Inc. 1111 Northpoint Drive, Building 4, Suite 100 Coppell, Texas 75019-3931 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT X If you do not cure the default within THIRTY (30) DAYS of the aate of this Notice, the creditor intends to exercise its rights to accelerate the mortgage debt. Thls 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 lS not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortgaged property. <"~~rlPIl{r.!li ~ - . -~ . .",. -".., - IF THE MORTGAGE IS FORECLOSED UPON X The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you wlII 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 wlII 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 requlred to pay attorney's tees. OTHER LENDER REMEDIES X 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 X If you have j@ot 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 tlme up to one nour betore tne ~nerltt's ~ale. You may dO so b& paYlng tne tOtal amoupt plUS any late or otnercnar~es tnen ue, reasonable attorney's tees and costs connecte wltn tne toreClosure sale and any otner costs connected wltn tne ~nerltt's ~ale and by pertormlng any otner requlrements under tne mortgage. EARLIEST POSSIBLE SHERIFF'S SALE DATE X It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately FOUR months from the date of this Notice. A notice of the actuar-aate 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. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER Associates Financial Services Co., Inc. 1111 Northpoint Drive, Building 4, Suite 100 Coppell, Texas 75019-3931 (800)438-0263 EFFECT OF SHERIFF'S SALE X You should realize that a Sheriff's S~le will end your ownership of the mortgaged property and your rlght to occuPy it. If you continue to live in the property after the Sherlff's Sale, a lawsuit to remove you and your furnishi~gs and other belongings could be started by the lender at any tlme. OTHER RIGHTS THAT YOU HAVE X You have additional rights to help protect your interest in the property: 11", ~ -~ -.-".- ~ <. ~ ,,~, -.' r t~,",_~= ~ CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) ,~'-"1 _ . , CUMBERLAND COUNTY CCCS of Western PA, Inc. 2000 Linglestown Rd. Harrisburg, PA 17102 (717)541-1757 Urban Leg. of Metro. Hbg ,North 6th Street Harrisburg, PA 17101 (717)234-5925 FAX#(717)234-9459 Community Act. Commision of the Capital Region ~q514 Derry Street ,7 Harrisburg, PA 17104 (717)232-9757 FAX#(717) 234-2227 Financial Counseling Services of Franklin 31 W. 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlise 301 G. Street Carlisle, PA 17013 (717)243-3818 FAX#(717)731-9589 lJ-, . ,,'. .,..,... ,-., " ,,-I."""""'--~ .-, COMPANY NAME: ASSOCIATES CONSUMER DISCOUNT COMPANY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subj ect to the pellalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: '11-;/6/ By Title A'b'i,' 1 a~ ~ Q. ~,,",Q"( p.-.::-~~ ,~- , T" ~, - , "~ -\ SHERIFF'S RETURN - NOT FOUND ,- CASE NO: 2001-00288 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT C VS JUMPER OLEN E R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT JUMPER OLEN E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , JUMPER OLEN E DEFENDANT STILL RESIDES AT ADDRESS STATED AS PER P.O., SEE ATTACHED, 14 ATTEMPTS MADE, EXPIRED. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 39.68 5.00 10.00 .00 72.68 s~ R. Thomas Kl ine. . Sheriff of Cumberland County PURCELL, KRUG & HALLER 02/20/2001 Sworn and subscribed to before me this .....- .J./, - day of Jd,.....) ;l(,o/ A.D. prrJ:t;~~e:}:,-~u,- {~ ,"FJWlf - . . J ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 0/- J?58 C,Ot I OLEN E. JUMPER Defendant CIVIL ACTION ~ LAW MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and obj€ctions must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 ~- (717) 240~6200 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en cpntra de su peFsona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiedades 0 OtrOS derechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO IMMEDIAT AMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUlR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse al IE'''''''ov FROMREOORO Carlisle, Pa. 17013 ~~ (717) 240~6200 1"" ~ lhef8untO~.18IO '~"ilmonYof)sald~' ..at~~', :' ~:J~'JA ......~.................. .. ~- ~-~ , Prothot'l.ry~' :''1!"''WI'. '. . -"--'-1 ;,,,," 1 ' , "~ I' '. ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. OLEN E. JUMPER Defendant CIVIL ACTION ~ LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE ;f" FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersign~d attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attornt':Y shall obtain written verification of the said debt from the Plair).tiffand mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURC~LL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA l7102~2392 (7l7)234~4178 Attorney ill #15700 Attorney for Plaintiff :-;pu_ _ "' i' -!- ~~,.~ ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. OLEN E. JUMPER Defendant CNlL ACTION ~ LAW MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Corporation with offices a~'1'l1l Northpoint Drive, Building 4, Suite 100, Coppell, Texas 750l9~3931. 2. Defendant, OLEN E. JUMPER, is an adult individual whose last known residence is 230 WEST DAUPHIN STREET, ENOLA, P A 17025~2209. 3. On or about March 6, 1998, Defendant executed and delivered a Loan Agreement in the sum of $45,038.00 payable to ASSOCIATES CONSUMER DISCOUNT COMPANY. 4. Contemporaneously with and at the time ofthe execution of the aforesaid Loan Agreement, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book Y20, page 737, conveying to the original Mortgagee the subject premises. Said Mortgage is attached hereto and marked Exhibit "An. 5. The land subject to the Mortgage is: 230 WEST DAUPHlN STREET, ENOLA, P A 17025~2209, and is more particularly described in Exhibit "Bn attached hereto. 6. The said Defendant is the real owner ofthe land subject to the Mortgage. ~, , " ,~ " ~tt;;P..i::.~ 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May 15, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 45,038.77 (b) Interest at $12.33 per day from 5/15/00 to 1/15/01 (based on contract rate of 9.99%) 3,020.85 (c) 15% Attorney's commission 6.755.82 ~< -:,/ TOTAL $ 54,815.44* *Together with interest at the per diem rate noted in (b) above after January 15, 2001, and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. lfthe Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiffhas complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "Cn. 1 O. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. - ',C'_' ~~, <, _" _-.' ,~ i_:@t!it,,1:;;~, 11. Defendant is not a member ofthe Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.99% ($12.33 per diem), . together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale ofthe property within described. PURCELL, KRUG eon P. Haller Attorney for Plaintiff 1. D. #15700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234~4l78 '" , By ';~~ -" " ({'/qlr MORTGAGE ThisMongage,enleradinlolhis--L..deyol DLEN E. JUMPER MARCH and . 1998, between ROMAINE M. JUl'JPER (DEr-EASED) Of EAST PENNSBORO mmeWR:x,own.nIP) Commonwealth of Pennsylvania. herein called "Mortgagors", Bod ASSOCIATES CONSUMER DISCOUNT COMPANY, a Pennsylvania corporation having an oHice and pl~e 01 business at 5080 C JQNESTOWN RD. HARRISBURG Pennsylvania. herein called "Mortgagee." " WITNESSETH, that to secure payment by Mortgagors 01 a loan Agreement daled the same as Ihis Mortgage in Ihe sum of $ 45038.77 ,together with interest allhe rate staled in Ihe loan Agreement, Mortgagors do by these presenfs seff, gran! and convey 10 Mengagee, ALL Ihe following described real estate siluale in Ihe TOWNSHIP of EAST PENNSBORO County ot CUNBERLAND , COfhmanweallh 01 Pennsylvania, described &S follows: (In$9<1 de~",iption 01 motlgeged pt""'i.el ~am MCNtgegals' Dud) <4i .-/ <D ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE tOWNSHIP OF EAST PENNSBORO ImJ:NG KNOWN AS 230 DUAPHIN STREET AND BEING MORE FULLY DESCRIBED N DEED BOOK Y-20 ~GE 737 RECORDED ON '8/19/63 AMONG THE LAND RECORDS OF CUMBERLAND COUNTY, PA. ::: U 3 ~ '" ~ GO g :,~ c C" ;:~ p, . -, TOGETHER with all the buildif1Qs and improvaments Ihereon and additions and ,alterations thereto. including all alleys, passageways, Ilghls, libenies, privHeges, heredilamenls and appurlenances whatsoever Jherelmlo, belonging, or apperla)mng, herein calli:!d Ih.;! Mcrlgaged Premises. TO HAVE AND TO HOLD the Mortgaged Premises hereby granied and conveyed Ullto !v1orlgagee, 10 and forlhe use and behoof of Morlgagee, its success ors and assigns,lorever. ' , Unless prohibiled under stale law, as additional security, Mortgagdrs hereby give to and conler upon Mortga~\e the right, pOWer, and authority, during the' continuance or this Mortgage, \0 co!lectlha rants, issuas, and profits,of said properly, reserving unto Mortgagors the rigl11 prior 10 any default by Mortgagors in payment or any indebledness secured hereby or in performance 01 any allrl:!en1enl hereur,der, to cotleel and relain such rents, issues and profits as they become due and payable. Upon any such defa41t. Me>rtga:;ee, upon g:ving wrillen nolilication to the MQrlgagors or their succeSSQrs, ete.. may either in person, by agent, or by a recei'J~r to I:>> appointed by a court, and withoul regard 10 the adequacy of any security for Ihe indebtedness hereby secured, enter upon and talte possession 01 said property or any part thereof, in his own name, sue lor or otherwise collecl such rents, issues and prolils, including those pa~t due and unpaid, and apply the same, less allowable expenses 01 collection 01 such renls, issues and profits. and the application thereofaforesaict, shaU nol cure or waive any default or nolice oldelault hereunder or invalidate any act ctone pursuanl to such notice. THIS Mortgage is made subjecl to the following conditions, and mortgagors agree: 1 Mortgagors will make all payments on the due date thereof arfd perform all other obligations as required or prOVided herein and in said Loan Agreemenl. 2 Morlgagars will pay When due aU laxes and assessmenls levied or assessed against said premises or any parI ther&ol, and will deliver receipts therefor to the Mortgagee upon request 3. Mortgagors will keep the improvemenls now existing or hereinaller erecled on lhe premises insured against loss or damage by fire and other hazards and perils included within Ihe scope 01 a standard extended coverage endorsement, <.ind such othar hazards as Mortgagee may require, in such amounls and for such periods as Morlgagee may require. and in an insurance company or insuran.:e companies acceptable 10 Mortgagee. AU insuram;e pOlicies and reneWals shall designate Mortgagea as mortgage Joss payee and shall be in a form acceple,ble 10 Mortgagee. Mortgagors hereby conler lull power on Morlgagee to sellle al1d compromise ali Joss. claims on ail such pOli9ies: to demand, receive, and receipl for all proceeds becommg payable thereunder; and, al Mortgagee's option, to apply same toward either lhe resloration or repair 01 the premises or the payment of the Loan Agreement. Any applicallon of such proceeds loward payment 01 the Loan Agreemp.-11! shall not extend or postpone Ihe due dale of monlhJy installments due under Ilie loan Agreement. The provisions appearing on page 2 {Ihe reverse side 01 Ihis Mortgaga} sra It part 01 Ih/9 Mortgage. 61 1". !'\EV."Q7 RIGINAl(l) 1iI0RAOWER COPY II} RETENnOfiCOPY (11 Bocd135rAGE. ;774 0027QA,OJ EX +1 (61 7 If r - , ~ ....- .., """ .~;$F ,/ Addllional provwions rllferrod 10 on fllIge 1 line. olher side oj Inis Morlgago} It Morlgagars lail 10 perlorm Ihe covenanls and agreements contained in Irns Mar/gage,- im;ll./dmg, without ilfniJallOlJ, covananlS 10 pay laxe<>, procure mSlIrarn;e, and prefecl agaihSl prier liens, Marlgagee may 091 Us oplicn. bul shaH no! be requIred 10, disbur$e SUt/) Sllln$ and lake -:ruc/) aCIJons necessary 10 pay SlJCn la'll8S, procure such )nsl.mmce, or 0lherwJS6 \0 prolecl Mortgagee's mleres!. Ally amDl.ln1 disbursed by Mortgagee hereunder shaJI be an addilionaJ obhgahon of MOrlgagors secured by !his Morlftage. Unless Morlgagors and Morlgagee agree otherwise, al) such amounts shall be payable immediately by Mortgagors upon notice !rom Morlgagee \0 Morlgagors, and may bear mlerestlrom the dale 01 disbursemenl by M(lrtgagee al lhe lesser 01 lhe Agreed Rate 01 Inlerest slated in the loan Agreement or the highest interest rate permissible by appl1eabtll law. Nolhin!;l contall'1ed in this paragraph sl1all require Morlgagee 10 Incur any expenSe or lake any action whatsoever. 4. Morlgagors wi" neilher commil nor suffer any strip, wasle, impairmant or delerioraljon of the mortgaged premises, and will maintain the same in ~od order and rep'alr. 5. In the event lhe Mortgagors sell, agreEjlo sell, convey, assign or alienate the Mortgaged Premises, alt obligalions secured by this Mortgage !ilhaU become due an~ payable at lhe option of the Mortgage$. 6. In me evenll!19 Morlgagors de/ault in me making of any paymenl due ami payable under said Loan Agreemenl. or in lhe keepirlg and perlormance by MOrlgagDrs of any of me <<Indiliorur. or covenants of lllis Mortgage or said loan AgrE!emenl. Mortgagee may lorthwi!h bring an Action of Mortgage Forectoswre hereon, or instilule Olher foreclosure proceedIngs UpM this Mortgage, and may proceed 10 ;udgmefll and execuJion 10 recover !he balance due on said loan Agreement and any olher sums that may be due thereunder, irlcluding ailornel' lees of 15% 01 lhe balElnce due and payable on said loan Agreement, costa of suit, and costs 01 sale together with intere:;;1 aller judgment at 1M rale charged under the terms oj Ihe l..oanAgreemenl. aur PROVIDED ALWAYS. that il MOl'Igagors do payor cause lhis MOr/gage and the debt heraoy secured to be pOlid m lull on the day and in lOe manner provk/ed in said Loan Agreemenl, then this Mortgage and the es/ale hereby granted shall cease and delermine and become void, anylhing herein to the con/rary notwithslanding. The QOvenanls herein conlained shall bind, and 11]1;) bene/ils and adVantages :i/laJI inure 10 Ihe respeclive helf~, execulofs, administrators, successors, and assigns of me p<lllies hereto. Whenever used, the singular number sha!! include lhe plura!, Ihe plural the S!I1gular, and the use of any gender shill! be appJieable 10 alJ genders. Payment of this MOrlgage is .;ubjeet to the terms afla condlli6ns or s<l,id Loan Agreement of even dale belween Mortgagor:;; and Mortgagee. COMMONWEALTH OF PENNSYLVANJA "" _1.\.,',\ COUNTY OF l ~ 02 JUMPER RnMATNP M } SS ",..~'rr):~~~>" ailS} affixed. on the dale II~<a~~J?'M-T')le~;<>. ,/i :,_:::.V' "~~~~'r~~~~ "- ,., L "~~e") \':~:~:~:S+~:\~~~fL) Tl1I>lPVR (n~rPA<::.pn) day 01 HAReR , 1998. before me. a Notary Public, came , MOr/gagor(s) above named, and acknowledged lhe wifhin Morlgage 10 be Hr.::: FRRF '-: act and deecl, and desired the same to be recordecl as SUCh. . .. / WITNeSS my","d ,ed "oIlh.d,y""dy." "o",,'d. ~ cA. ,d No~rial !Sea! ,g ,IIW~Y />utili. Laula M. Leed,Notar;, Public i7 Hant:;;burQ.OauphinCoUn\y CERT11=lCATE OF RE;SIDE e: My commission Expires MarCil 10. ZOOt SUlI" of f}ennsvlvllni;:l) _ r"IJCI ~enl1syt~anlaA\soclattun 01 NOlarlM KALLEEN" CAPARELLA 01 Assocf;:iIe.!ftbfi&Gri\erlmi~ct:lJnl c6IKpany, Mongage!'lllamed fl"corl(~d'l the amelI for the recon!1ny ul Q~:)~Y in the foregoing Morlgage, hereby certify Ihat the address of said Mongagee~S'\' und f ~ rnberl'lnd Co~ni\', ?-, r:.1 ~, 0,. , In. Q. ,I"'~'" 5080 C JONESTOWN RD Will) eal of 01 1 ~ Onlhis OLEN E, HARRISBURG ,Pennsylvania. WITNESS my hand, this 2- day of MARCH el '5S~ 't _L ~ _ 00"";01]", ~~B ox1435/AGE. 775 , '" ::.~ ALL TllijT CEJn'AIN lot or pieCB of land with buildings and improvements t,hereon erected situate in East Pennsboro TqWJ1ship, Cumberland County, Penn- sylvania, bounded and described as follows, to wit: . BEr.IHNING at a point in thi! southern line of Dauphin street at or opposite the center of the partition wall dividing properties known. as No. 230 and 232 Dauphin Street, said point being two hlmdred twenty-nine and three hundred eighty-nine one-thousands (229.389) feet east of the southeast corner of Brick Church Road and Dauphin Stl13et; thence along the southern line of Dauphin Street, North 79 degreee 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred fiye one-thousandths (117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partitiqn wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes Hest through the center of the partition wall dividing prc'perties known as No. 230 and .No. 232 Dauphin Street and be- yond one hundred seventeen and five hundred five one-thousandths (117.505) fe,et to a point, at the place of BEGINl/ING. HA VING thereon erected the eastern one-half of a two story dwelling known as No. 230 Dauphin Street, Enola. Pennsylvania. ".t_". I j i j ; , ,I I j j \ I 1 J \ I I '. \, !(I/"~." EK ~.(6(T LJ ~.M t. ~ , , ~ - Re: Associates vs. JUMPER Act 6/91 Notice U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service FODm 3817) 'Received from: Purcell, Krug & Hall~r 1719 North Front Street Harrisburg, PA 17102 Postage: ,~ne piece of ordinary mail addressed to: Postmark: Olen Jumper 230 W. Dauphin Street Enola, PA 17025-2209 ExHfb17 1{(,\l '-- -c;';:]1'I1 .,> """-'''''~-~ "" ,., d ACT 9 1 NOT ICE 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 ,,~ble to help save your home. program works. ASSISTANCE PROGRAM (HEMAP) may be This Notice explains how the . <-.\ "To see if HEMAP can help, you must MEET WITH A CONSUMER CREOIT 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 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 exp1airt it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO 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. ';.:",-. , '"'" -'.<-. -'j". . October 9, 2000 To: Olen Jumper 230 W. Dauphin Street Enola, PA 17025-2209 Re: Loan No. 013703360208597 Property: 230 W. Dauphin Street, Enola, PA 17025 CURRENT LENDER/SERVICER: Associates Financial Services Co., i1111 Northpoint Drive, Building 4, 100, Coppell, Texas 75019-3931 Inc. , Sui te ,,;j!f HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF '1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ! IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL ! IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND ! IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE X Under the Act, you are entitled toa 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 a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY 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. ,Wl" - " " - ~--." ,,", " '-, ".~- r I CONSUMER CREDIT COUNSELING AGENCY X If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE/ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default) . If you have tried and are unable to resolve this problem with ,#{he 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 ~otified directly by the Pennsylvania Housing Finance Agency of ~ts 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.) -~t~v. '.' . "... ",-" 1 ~ ., - ~ . -~- ~ , -~,- . ' HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT X The MORTGAGE debt held by the above creditor on your property located at: 230 W. Dauphin Street, Enola, PA 17025 IS IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The "following amounts are now past due: Delinquent payments (5 @ $533.65) Payment due dur~ng cure period $2,668.25 533.65 Total amount due $3,201. 90 ",: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT X You may cure the default within THIRTY (30) ..bAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST nUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made ' payable and sent to: Associates Financial Serives Co., Inc. 1111 Northpoint Drive, Building 4, Suite 100 Coppell, Texas 75019-3931 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE If YQU DO NOT CURE THE DEFAULT X If you do not ~ure the default wlthln THIRTY (30) DAYS of the Gate of this Notlce, the creditor intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this oebt 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 lS not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortgaged property. :!%! '-, ,-- ". - . , IF THE MORTGAGE IS FORECLOSED UPON X The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If tne lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you wllI 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 wllI 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 requlred to pay attorney's tees. OTHER LENDER REMEDIES X 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 X If you have ~ot cured the default within the THIRTY (30) DAY period and '''''foreclosure proceedings have begun, you still have the right to / cure the default and ~revent the sale at any tlme up to one hour betore the Bherltt's ale. You may dO so b~ paYlng the total amount plus any late or othercharaes then ue, reasonable attorney's tees and costs connecte Wlth the toreClosure sale and any other costs connected Wlth the Bherltt's Bale and by pertormlng any other requlrements under the mortgage. EARLIEST POSSIBLE SHERIFF'S SALE DATE X It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately FOUR months from the date of this Notice. A notice of the actuaTUate 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. If money is due, such payment must be in cash, casnier's check, certifiea check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER Associates Financial Services Co., Inc. 1111 Northpoint Drive, Building 4, Suite 100 Coppell, Texas 75019-3931 (800)438-0263 EFFECT OF SHERIFF'S SALE X You should realize that a Sheriff's S~le will end your ownership of the mortgaged property and your rlght to occupy it. If you continue to live in the property after the Sherlff's Sale, a lawsuit to remove you and your furnishi~gs and other belongings could be started by the lender at any tlme. OTHER RIGHTS THAT YOU HAVE X You have additional rights to help protect your interest in the property: ~~" ~ " ,~. "'~ ,,,,. "~ ~ - I I. '. YOU MAY ALSO HAVE THE RIGHT: I 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. 1 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 :YACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) ",!,)l'.8! J.. ~ . .'--'"'' " ,. ~, -, , ".' .. . '. CUMBERLAND COUNTY CCCS of Western PA, Inc. 2000 Linglestawn Rd. Harrisburg, PA 17102 (717)541-1757 Urban Leg. of Metro. Hbg ',. North 6th StrE!et Harrisburg, PA 17101 (717)234-5925 FAX#(717) 234-9459 Community Act, Commision ~1514 Derry Street .... Harrisburg, PA 17104 ~. (717) 232-9757 FAX~(717)234-2227 of the Capital Region ..<<'i. Financial Counseling Services of Franklin 31 W. 3rd Street Waynesboro, PA 17268 (717)762-3285 YMCA ofCarlise 301 G. Street Carlisle, PA 17013 (717)243-3818 FAX#(717) 731-9589 '. -~~ "!""'''f'r._.'f_ -~j , "~",.... . < '- COMPANY NAME: ASSOCIATES CONSUMER DISCOUNT COMPANY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. ;>"1 understand that false statements herein are made subject .to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 1//;;;;/6 / By Title Ae~' 1 ,:~-<" ,,-,- '-'>-~"-,"'''- . "~F__"'O_ ~ q' o~ ~ Q. ~"Lq -r ~:'--~ . ~ ~ ,,~ \(;$\\ ,_ d' ~ ~ -,- ~_ _, "0 _ " _ ~ -~r' ~ ~ ~ -, -~, ~""'.. -< - -~ -- - -.~ - .,':~- -.,.,- 0_,. _ _. "_~'. 'C' c,~ ,.,_"_ _ __~__._"' ;~3:a -.\s~ \w~ t-- \I;'t\~ \) .' ~ -s-,C \" ~\ \1: ~\st \ .."" . j \ . \ n,,. \ -,.,......:s, U. ",~ ',-; . \ , ""'" '. ," '3. _'~.h'1V __o_,~ ~ .~ ~" I ~-- ..'111,...., ~ r.nnJ ~ ces fiI!iii:1 ~'~!I., , ~W~J~~1,'Ij'~;'_,___"_'."_1 -,~ilJi!MtJqIl'l'l'~~<rn~_e,~..,"l\fiW!-WII""~-"(;;p1"'''';j;;t,\''"''';:'H~ -,'_.~,~ ASSOCIATES CONSUMER DISCOUNT COMPANY PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 01-288 CNIL OLEN E. JUMPER DEFENDANT : CNIL ACTION - LAW ~ : IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & By: Leon P. Haller Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234~4l78 DATE: Mav 21,2001 '''h - 1m 'I' ~,~f_ ~:-''-' - __ I _,f' _, "l ~'!'!!l ~ ]ltQ1!\!11'm"" ~ B., ,",~,il,l1~j_I\'IIlW~~~ _~,"-!iI ",.__~l~ o ~ .~< ~,,- '.11"") ::@~_";~"!,,")I:IL,>,l'0lo-'h~:'~(,,~""!l-''1f-W!!IiJlW,~_~,v, .~j;,,__"''''''''''l_'i'lf!I';;&;-''If'~~~li~jill!if''jlf''''liE!j;lmjr~- 0 C} C 7~. -t:) -' ~.- _.-- G'-'J "'--"y' rn rr, " Z ::J.-' :::::: C" t\,) en f'.-~) ~~ !.._-"" )> c ::::~ C ~J )> c:: r:? :z: :J'1 ::s,; -j ::0 --. <=> -.<