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LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C.
By: Anthony R. Distasio, Esquire
Attorney J.D. No. 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, P A 19603-0461
(610) 374-7320
FIRST UNION NATIONAL BANK.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: CML ACTION - LAW
v.
: No. 01 - doJ>l
Co~l Y€'A.fl1
DARWIN GIRARD CHILCOTE and
JUDITH J. CHILCOTE
Mortgagors and Real Owners,
Defendants
: ACTION OF 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 are
served by entering a written appearance personally or by attorney and by filing in writing with the
Court your defenses or objections to the claims set forth against your. You are warned that if you fail
to do so the case may proceed with out 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 claims or relief
requested by the Plaintiff. You may lose money or property or their rights important you.
YOU SHOULD TAKE THIS PAPER TO YOlUR 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 HELP.
Lawyers Reference Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
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LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C.
By: Anthony R. Distasio, Esquire
Attorney I.D. No. 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, P A 19603-0461
(610) 374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 0 J~ 36fl CUx::.f-r~
DARWIN GIRARD CHILCOTE and
JUDITH J. CHILCOTE
Mortgagors and Real Owners,
Defendants
: ACTION OF MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, First Union National Bank, is a national bank organized under the laws of the
United States, with an office located at 123 South Broad Street, 7'"' Floor, Philadelphia, Pennsylvania
19109-1029.
2. Defendants, Darwin Chilcote and Judith Chilcote, mortgagors of the premises
hereinafter described, are adult individuals with a last known address of 219 N. 26'"' Street, Camp Hill,
Pennsylvania 17011.
3. On November 6, 1992, the Defendants made, executed and delivered to CoreStates
Hamilton Bank, a Mortgage upon the premises hereinafter described, which mortgage is recorded in
Mortgage Book Volume 1l00, Page 298, Cumberland County Records. A true and correct copy of the
mortgage is attached hereto as Exhibit "A".
4. First Union Bank is a successor by merger to CoreStates Hamilton Bank.
5. The Mortgage has not been assigned.
6. The premises subject to said Mortgage is described as follows:
ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill,
County of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit:
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BEGINNING at a point on the eastern line of North 26'" Street 280 feet north of the
northeast corner of Logan Street and North 26'" Street also being at the dividing line
between Lots Nos. 13 and 14, Section "CO in the hereinafter mentioned Plan of Lots;
thence North 0 degrees 30 minutes East along the eastern lone of North 26'" Street 40
feet to a point at the dividing line between Lots Nos. 15 and 16 on Section "CO on the
said Plan; thence South 89 degrees 30 minutes East along same 140 feet to a point on
the western line of King Alley; thence South 0 degrees 30 minutes West along same 40
feet to a point at the dividing line between Lots Nos. 13 and 14, Section "CO on said
Plan; thence North 89 degrees 30 minutes West along same 140 feet to a point, the
place of BEGINNING.
BEING Lots Nos. 13, 14, and 15, Section "CO on Plan of Lots laid out by Arthur R.
Rupley and Caleb S. Brinton which plan is recorded in the Cumberland County
Recorder~s Office in Deed Book 21-K, Page 293 on November 2, 1964 granted and
conveyed unto the Grantors herein.
HAVING thereon erected a two story frame dwelling known and numbered as 219
North 26th Street.
BEING the same premises which James H. Salmon and Ruth E. Salmon, his wife, by
their deed dated October 7, 1964 and recorded in the Cumberland County Recorder's
Office in Deed Book 21-K, Page 283 on November 1964 granted and conveyed unto
the Grantors herein.
7. The Plaintiff has complied with the provisions of Section 403 of Act No.6 of 1974, 41
P.S.~ 403 and Section 2 of Act 91 of 1983, 35P.S.~403(c) as evidenced by copies of the notices
required thereunder attached hereto, marked as Exhibit "B", made a part hereof, and sent to the
Defendants on November 13, 2000.
8. Said Mortgage is in default because the required installments of principal and interest
due July 20, 2000 and the 20th day of each month thereafter are due and have not been paid.
9. After demand by Plaintiff, Defendants have failed to pay said installments of principal
and interest and has to date failed to cure such default.
10. As per the terms of the Mortgage, upon default and failure to cure such default after
notice, the whole of the principal, interest and late charges due thereunder are collectable forthwith.
.
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11. The following amounts are due on said Mortgage:
Principal balance
$38,136.04
Interest as of 04/26/01 with a continuing
interest per diem amount of $10.91 as per
the terms of the Mortgage
635.38
Attorney Fees of 15 % as per Note
(only actual attorney fees not exceeding
15% will be collected at the time of
reinstatement/payoff)
5,815.71
TOTAL
$44,587.13
12. Plaintiff demands judgment for the amount due and for foreclosure and sale of the
mortgaged property.
WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the
Defendants for foreclosure and sale of the mortgaged property and in the amount of Forty Four
Thousand Five Hundred Eighty Seven Dollars and Thirteen Cents ($44,587.13) with interest
continuing from April 26, 2001 at the Contract per diem amount of $10.91, costs of suit and for any
and all other relief as the Court deems appropriate.
UNTON, DI ;rASIa, ADAMS & KAUFFMAN, P.C.
j
By: Anthony R. Distasi , Esquire
Attorney for Plaintiff
Pursuant to the Pair Debt Collection Practices Act, 15 D.S.C. ~1692 et seq. (1977), Defendant(s) may dispute the validity of
the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel
for Plaintiff will obtain and provide Defendant(s) with written verification thereof; olherwise, the debt will be assumed to be
valid by us. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send
Defendant(s) name and address of the original creditor if different from above.
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OPEN.END LINE. 'Oil' CREDIT MOKRiAGE
TI"\IS MOKI'GAGE SECURES BOTH PRI!SENT AND FU'riJRE ADVANCES WHICH TIlE MORTGAGEE
MAY MAKE ro THE MORTGAGOR. MORtGAGOR'S INTEREST RATE MAY VARY FROM LIME TO LIME.
This Mortgage made the 6th day of November 1992 by
DARWIN GIRARD CHILCOTE AND JUDITH J. CHILCOTE '
(whether one or more the "Mortgagorft) to Hamihon Dank, a banking corporation organized uQder the law of the Commonwealth of Pennsylvania
(thc ~Morr8agee"), with its main office at 100 North Queen Street, Lancaster, Pennsylvania 17.604.
1. PROPERTY MORTGAGED. Mortgagor hereby grants and conveys to Mortgagee: All the lot(s) or plece(s) of ground, situated in the County
of CUMBERLAND ,State of PENNSYLVANIA ,more specif1Cally described in Exhlbit "A~
attached hereto and made alan hereof (referred 10 as the "Property~). The Property includes: (a) the land, (b) all buildings or other structures
thai are now or later locate on the land, (e) all fixtures that are now or tater attached (0 the land or any building, (d) 1111 proceeds from the
condemnation (laking) of all or part of the Property, (e) any insurance proceeds (or damage 10 or destruction of the Property, and (0 all ocher
legal rights that Mortgagor has, or will have, as owner of the Property.
2. MORTGAGE LOAN AND FUTURE ADVANCES. This Mortgage sccures aU Mortgagor'S cbIlgatlons under a REVOLVING CREDIT
AGREEMENT dated November 6, ,19 92 (referred to as the "Agreement~). The Agreement's terms are incorporated
into this Mortgage. Under the AgreemelU, Mortgagee has agreed to make advances to Mortgagor from time to time up to a credit limit of
EIGHTY THOUSAND AND 00/100 ************************************ Drnfua($80.000.00 ).
This Mortgage secures all present and fUlure advances made by Mottgagee to Mortgagoe. The lien of fultJJe advances up'to the Mortgagor's oedil
limit shall relate hack to the date or this Mongage. Mortgagor and Mongagee agree that full repayment of sums outstanding at any time under
the Agreement shall not extinguish the Agreement or ,he security of this M.ortgage for future advances so long as Mortgagor is sill! entitled at
,he time of borrowing (0 such future advances. Should any advances hereunder be deemed to be non-obligatory such advance is stili to be deemed
[0 bc secured by this Mortgage. Upon O1ncellation .of the Agreement and the payment by Mortgagor of all amounts due, Mortgagee will terminate
and cancel this Mortgage at Mortgagor's expense
3. MORTGAGEE'S RIGHTS. By giving this Mortgage, Mortgagor gives to MOrtgagee all the rights set forth in this Mortgage and the Agreement,
along with any other rights which the Mortgagee has under law. If Mortgagor fails to carry out its obligations under (his Mortgage or Ihe Agreement,
or if any action is begun that materiaUr affects Mortgagee's 1meresl 1n the Property, Ihen Mortgagee may at Its oplion, with notice to Mortgagor,
make appearances. disburse; mOI\l.~y, 11ldUlliug reasonable attorney's fees, and take whatever action Is necessary to protect Mortgagee's JnCCrest
Any amounts spent by Mortgagee shall be added to Mortgagor's principal indebtedness secured by this Mortgage and interest shall be accrued
thereon. .
4, MORTGAGOR'S PROMISES, Until the earlier of eUher notice as prescribed by law front Mortgagor limiting Indebtedness hereunder and ~ng
Mortgagee from its obligation to make a.dvances or the Agreement is terminated as provided therein; and until the obligation and all other sums
secured by this Mortgage are paid In full, Mortgagor (and if more than one, jointly and severally) covenants and agrees with the Mortgagee as
follows;
a. Mortgage and Asree-m:ent. Mortgagor w\U a;>>nply with an the terms of this Mortgage and the A8~ including making aU payments
required by the Agreement, Ihis Mortgage and any other obligation of Mortgagor secured hereby.
b. Taxes and Other Charges. Mortgagor will pay all taxes, water, and sewer charges, assessments, and all other charges mlii:Ie against the Property
before interest begins to accrue thereon. Mortgagor will provide Mortgagee wlth satisfactory proof of payment upon request
c. Insurance. Mortgagor wlll maintain insurance on the Property. The type and amount of insurance, as well as the company, policy, and notice
and cancellation clauses must be acceptable to Mortgagee. Mortgagor will provide Mortgagee with certificates or $uch insurance, along with proof
that the premium has been paid. Mortgagor will immediately notify Mortgagee of any loss or damage to the Property, and Mortgagee may file
and senle the claim qn Mortgagor's behalf if Mortgagor does not do so promptly. All Insurance payments must be payable to the Mortgagee u~dcr
a "standard mortgage da.useft in the policies. Mortgagee may either (I) repair and restore the damage to the Property or (2) apply the proceeds.
to any amounts due under the Agreement and this Mortgage and pay any excess to Mortgagor. Mongagor must continue to make the payments
due under the Agreement and this Mongage following loss or damage to the Property. .
d. Repairs and Maintenance. Mortgagor will do all necessary repairs and maintenance (0 keqJ the Property in good- repair. Unless the prior
written consent of Mortgagee is obtained, Mortgagor will not abandon, alter, demolish, or add 10 the Pro~ny. Mortgagee may inspect the Property
:at all reasonable times.
e. Lawful Use. Mortgagor will nOI use the property in a way thai violates any law, ordinance, or other requJremenls of any govenunem
authority. .
f. Eminent Domain Mortgagor will promptly notify Mortgagee if Mortgago'r receives a notice of taking by eminent domain. If lhe laking
occurs, any compensation will be paid to Mortgagee, subject to the rights of any prior lenders. - .
g. Other Mmtgages or Liens. Mongagor wilt make aU payments and perform all other obIiJ1atlons oonIatned in any other mortgage or lien
on the Property. Mortgagor wlll not change any term of any prior mortgage or other lien on die Property. Mortgagor, will nOI create or permit
creation of any additional mortgage, liens, or other Interesi in the Property wlthout the prior written consent of Mortgagee
h. AddItional Documents. Upon request, Mortgagor wlJl sign any documenlS or statements required by Mortgagee 10 protect Mongagee's \
interest under this MOrtgage. Mortgagor will pay the cost for recording or filing such documents. I:; ,
l Notlce of Default. If Mottgagor receives a notice from the holder or any other mortgage or fiert on the Property declaring that Mongagor
is in default, Mortgagor will promptly notify Mortgagee. ,
j. OWnership, Mortgagor wart.m\S title to the -Property. Mortgagor wU\ defertd the tide \0 the 1Jropeny against an claims. The Property is ! \
unencumbered, except for encumlmnces of record which have been disclosed to Mortgagee by Mortgagor. . -. )1..\
5. DEPAULT. Mortgagor will be in default of the Agreemenl and Ihill Mortgage if one'or more of tlle following occur: (a) Mortgagor commiued -
fraud at made any material misrepresentation to Mortgagee in Mortgagorll loan application or othermse; (b) Mortgagor does not make any required
payment under the Agreement; (c) Mortgagor acts or falls to act In such a way that adversely affects the Property or Mortgagee's rights under ,~: 1
this Mortgagei (d) Mortgagor cooveys tbe pro~ty without the prior wduen consent or Mortgagee wbich consent Mortgagee reserves the right \
to t~:~U'EJ~ ~JE ~~~fD~~m/b~~~ede~~U\~,eM^:~:rn~~~~~medlatelY pay an unpaid Prtnd~ Interear. ~Iher amciU~lIB'duC 'under the: ~,\,,'
Agreement and this Mortgage, and Mortgagee's costs of collection and reasonable attorney's fees. _ . ' . ' ; .~
7. RIGHTS UPON DEFAULT. Upon default, Mortgagee may do one or more of_the following: (a) Start It coUrt action, known as foreclosure. whiCh i I
wl1\ res\l\tln 11 sate of the Propeny to pay Mortgagor's olillgatlons under the Agreement and tbls Mortpse, (b) Thke possession or and manage I '\
the PropcrtYi (c) Sue Mort~gor for allY amount not paid to Mortgagee from the sale of the Property; or (d) Pursue any other rights available \
under ,his Mortgage or applicable law. I
8 NON-WAIVER, CUMULATIVI! RBMEDIES, Mongagee may exercIse one or more of Its remedies under lhe Agreement, this Mortgage. or 81 '
otherwise permitted by luw, Individually or at the same rime Mortgagcc's failure 10 enforce any rights or pursue any remedy avallilhle under j.
thc Agreemcnt or this Mortgage sh)lll not be considered a waiver of any of Mortgagee's rights or remedies at a lacer time . I
9 PARTIES BOUND The Agreement llnd this Mortgage are iegally binding upon the Mortgagor and any person who succeeds to the MortJllSOr's , ~
lellal fesjll.lfislbllilies. This Morlgage shalllnme to the benefit of Mongagcc, its ~fS and amgAs. I- 11\
tN WITNESS WHEREOF, Mortgagor,intcndlng to be Icg:lIly hound, has CJused this Murtgage to he duly executed Mortgagor acknowfedg(:B recetpt [
/'9" uuc cOl', uf !hl' Mo ga . ,;, 1;,'* , Ii;.,' ~iil!i~;iJ~I'" ;"1
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INDMDUALACKNOWLEDGMENT
COMMONWEALffi OF PENNSYLVANIA
COUNTY OF DA-<fl--l rJ '" J:
:-.. On '."tho (..~ d ,ho ~~<OL ,,~ . .,<
..lJ4.I.....ittJ, U::io)~ ~\~ Ii ~ '~1.t.,beforeme,lheunderslgnedoff1cer,personaUyappeared
known to me (or satisfactorily proven) tb'lk die personsl~e namer,lL.CflE.
subscribed 10 the wjt~in Mortgage and acknowledged that.....ltti.t ~ ~
the same for the purposes therein contained, and desire the s;ii1fe to tie recorded as such .
In'.l!:l~~-~~~'~7-~~' I hereunto $et my band and offldaJ seal.
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My commlsslOR exptres:
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MyCcmmi>oloo.,.....Aug.~ 1993
~,~1aAz::cdi?llonoll'l:1.at!93
CORPORATE ACKNOWLEDGMENT
darof
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, before me, the undeniIgned officer, pemonaIly appeared
who acknowledged htmself 10 be the
of , a corporation, and dtat he as such
:. . ' , being authorized to do so. executed the
foreg~ M()nga~r tbe purposes therein contained by signing the name of the corporation by himself as ;
~C~ . '
ll11tJL..Wl1tftess ii'tIereof, I hereunto set my hand and offldal seal .
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My commissIOn expires:
MORTGAGE
~iN G:.il2ALj) Chilc.o~ ~ ~"i.w...5:d-.il~
TO
HAMILTON BANK
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Amount ...".......1-....""."""...".....".............
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.;ECORDE[)on'th!s 1.0 . d1ty. of lJW':)~a ,19~~eOflk:eOftheRecorderofDeedatft~Cotp,l,d~..
in Mongage Book J \ l1.) vol - P.lge (7 i:l
Given under my ban ahQSeaI of office, the date above wri ten.. .
'herebyce<dfy ,.",he predoe ..-."nndcompl... PO"Off~':~~2i~""":"""""
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, ~ Attorney fur Mortpsee iL'" l Jj~J\' ~':~h~~~
BOOK1100'P^GE 299 ' '.. i ", ,"""'I.,""!!,,y-!
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. PAI32Y
Consumer Credit Department
PO Box 7558
Philadelphia, PA 19101.7558
800 444-4212
November 13, 2000
Darwin G Chilcote
219 N 26th Street
Camp Hi", PA 17011
4386 5422 1059 7586
ACT 91 NOTICE
TAKE ACTION TO SA VE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortaaae on your home is in default. and the lender
intends to foreclose. SDecific information about the nature of the default is Drovided in the
attached Daaes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
helD to save your home. This Notice eXDlains how the Droaram works.
To see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DA TE OF THIS NOTICE. Take this Notice with YOU
when YOU meet with the Counselina Aaencv.
The name. address and Dhone number of Consumer Credit Counselina Aaencies seNina
your County are listed at the end of this Notice. If YOU have any auestions. YOU may call the
Pennsvlvania Housina Finance Aaencv toll free at 1-800 342-2397. (Persons with imDaired
hearina can call (7171780-1869.
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 ta help you find a lawyer.
LA NOT/FICA CION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION
INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FIANANCE
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 SAL VA SU
CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA.
Act 91 200C1 front page.cbc
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Darwin G Chilcote November 13, 2000
HOMEOWNER'S NAME (S): Darwin G Chilcote
PROPER7Y ADDRESS: 219 N 26th Street
Camp Hill, PA 17011
LOAN ACCT. NO.#: 4386542210597586
ORIGINAL LENDER: FIRST UNION BANK
CURRENT LENDER/SERVICER: FIRST UNION BANK
EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM
YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PA YMENTS.
IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACr), YOU MA Y BE ELIGIBLE FOR EMERENCY MORTGAGE
ASSISTANCE:
. IF YOUR DEFAUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE
PA YMENTS AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STA Y OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face -ter face" meeting with one of the
customer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DA YS. IF YOU DO NOT APPL Y FOR
EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTHAGE UP
TO DA TE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAUL 7". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DA TE.
CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names. addresses and
te/eDhone numbers of desionated consumer credit counselino aaencies for the county in
which the oroDertv is located are set forth at the end of this Notice. It is only necessary to
schedule one face-terface meeting. Advise your lender immediatelv of your intentions.
Act 91 2000 input.r1oc
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43865422 10597586
November 13, 2000
APPUCATION FOR MORTGAGE ASS/STANCE-Yourmorlgage 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 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 fact-ta-face
meeting.
YOU MUST FILE YOUR APPL/CA TION PROMPTL Y. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR
APPL/CA TION 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 six (60) days to make a decision after it
receives your application. During that time, no foreclosure proceeding will be pursued
against you if you have met the time requirements set forlh 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 FlUNG OF A PETITION IN
BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMA TlON
PURPOSES ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Morlgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT fBrina it UD to date.)
NA TURE OF THE DEFAUL T: - The MORTGAGE debt held by the above lender on your
property located at: 219 N 26th Street Camp Hill, PA 17011
IS SERIOUSL Y IN DEFAUL T because;'
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A. YOU HA VE NOT MADE MONTHL Y MORTGAGE PA YMENTS for the following months
and the following amounts are now past due:
Other
$0.00
Charges
$2895.66
TOTAL
$3609.63 July 2000 Through October 2000
AMOUNT PAST
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DA YS of
the date of this notice BY PA YING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $2895.66, PLUS ANY MORTGAGE PA YMENT AND LA TE CHARGERS WHICH
BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Pavments must be made either
bv cash. cashiers check. certified check or monev order made oavable and sent to:
B. You can cure any other default by taken the following action within THIRTY (30) DA YS of
the date of this letter. (Do not use if not applicable.) N/A
IF YOU DO NOT CURE THE DEFAUL T-If you do not cure the default within THIRTY (30)
DA YS 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)
DA YS, the lender also intends to instruct its attomeys to start legal action to foreclose uoon
vour mortGaGed orooertv.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attomeys, but
you cure the delinquency before the lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney's fee 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.
Ad 91 2000 input.doc
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Any attorney's fee will be added to the amount you owe the lender, which may also include
other reasonable costs. If you cure the default within the THIRTY (30) DA Y Deriod. YOU will
not be reauired to Dav attomev's fees.
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid
principal balance aM all other sums due under the mortgage.
RIGHT TO CURE THE DEFAUL T PRIOR TO SHERIFF'S SALE-If you have not cured
the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun,
YOU still have the riaht to cure the default and Drevent the sale at any time UD to one hour
before Sheriff's Sale. You may do so bv Davina the total amount then Dast due. Dlus any
late or other charoes then due. reasonable attomev's fees and cost connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as sDecified in
writina bv the lender and bv oerformina any other reauirements under the mortaaae,
Curing your default in the manner set forth in this notice will restore your mortgage
to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DA TE-It is estimated that the earliest date that
such a Sheriff's Sale of th~ mortgaged property could be held would be approximately SIX
l!Lmonths from the date of this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale, Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what the required
payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
First Union National Bank
PA1327
Consumer Credit Department
123 South Broad Street
Philadelphia, PA 19109
1-800-444-4212 Ext. 3344
Address:
Phone Number:
Fax Number:
1-215-985-8291
Contact Person:
Walter J Hart
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 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 mayor _X_ may not (CHECK ONE) sell
or transfer your home to a buyer or transferee who will assume the mortgage debt, provided
that all the outstanding payments, charges and attorney's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied.
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YOU MA Y ALSO HA VE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE
DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y
OFF THIS DEBT.
· TO HA VE THIS DEFAUL T CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HA VE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO
DEFAUL T HAD OCCURRED, IF YOU CURE THE DEFAUL T. (HOWEVER, YOU DO
NOT HA VE THIS RIGTH TO CURE YOUR DEFAUL T MORE THAN THREE TIMES IN
ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAUL T IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HA VE TO SUCH
ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
rJJ/M~
Walter J Hart
CONSUMER CREDIT DEPARTMENT
1-B0D-444-4212 EXT. 3344
WJH/dyp
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Consumer Credit CounselinQ AQencv
Notification To:
Date:
Name of Mortgagee:
Address:
In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance
Program (Act 91 of 1983), we have been approached for moitgage counseling assistance by:
Name of Applicant:
Address
Telephone
Mortgage Loan Number
Address of property on which mortgage is in default
" different from above.
The counseling agency met with the above name applicant on
Date
Who have indicated that they are more than sixty (60 days delinquent on their mortgage payments
and have received notification to foreclose from
FIRST UNION NA TIONAL BANK
CONSUMER CREDIT DEPARTMENT
PA 1327
123 SOUTH BROAD STREET
PHILADELPHIA, PA 19109
In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you
that:
1. If the delinquency cannot be resolved within 30 days forbearance period as provided by law, the
applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. Bya copy of this Notice. we are notifying all other mortgagees, if any, which the applicant has
indicated as also having a mortgage on the property identified above.
3. It is our understanding that the 30 days forbearance period in which we are now in ends on
4. No legal action to enforce the mortgage may occur during this forbearance period. unless
procedural time limitS were not met by the homeowner.
PENNSYL VANIA BULLETIN VOL 29. NO.23 JUNE 5, 1999
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card to you.
C Attach this form to the front of the mailplece, or on the back if spavctS nol
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P A1327
Consumer Credit Department
PO Box 7558
Philadelphia, PA 19101-7558
800 444-4212
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November 13, 2000
Judith G Chilcote
219 N 26th Street
Camp Hill, PA 17011
4386 5422 1059 7586
ACT 91 NOTICE
TAKE ACTION TO SA VE YOUR
HOME FROM FORECLO,SURE
This is an official notice that the mortaaae on your home is in default. and the lender
intends to foreclose. Soecific information about the nature of the default is oravidad in the
attached oaaes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPJ may be able to
helD to save your home. This Notice exolains how the Droaram works.
. To see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDITCOUNSELlNG
AGENCY WITHIN 30 DAYS OF THE DA TE OF THIS NOTICE. Take this Notice with YOU
when YOU meet with the Counselina Aaencv.
The name. address and ohone number of Consumer Credit Counselinq Aaencies seNina
your County are listed at the end of this Notice. Ifvou have any aueStions. YOU may call the
Pennsvlvania Housina Finance Aaencv toll free at 1-800342-2397. (Persons with imoaired
hearina 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 (PENNSYL VANIA HOUSING FIANANCE
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 SALVA SU
CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA.
Act 912000 /h:mt page.doc
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Judith G Chilcote November 13,2000
HOMEOWNER'S NAME (S): Judith G Chilcote
PROPERTY ADDRESS: 219 N 26th Street
Camp Hill, PA 17011
LOAN ACCT. NO.#: 43865422 1059 7586
ORIGINAL LENDER: FIRST UNION BANK
CURRENT LENDER/SERVICER: FIRST UNION BANK
EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM
YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR
HOME FROM FORECLOSURE-AND HELP YOU MAkE FUTURE MORTGAGE
PA YMENTS.
IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MA Y BE ELIGIBLE FOR EMERENCY MORTGAGE
. ASSISTANCE:
. IF YOUR DEFAUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE
PA YMENTS AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STA Y OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
. During that time you must arrange and attend a "face -ta- face" meeting with one of the
customer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DA YS. IF YOU DO NOT APPL Y FOR
EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRfNGYOUR MaRTHAGE UP
TO DA TE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAUL 7". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DA TE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies fisted at the end of this notice, the fender may NOTtake action
against you for thirty (30) days after the date of this meeting. The names. addresses and
te/eahone numbers of desionated consumer credit counselino aoencies for the county in
which the orooertv is located are set forth at the end of this Notice. It is only necessary to
schedule one face-ta-face meeting. Advise your lender immediatelv of your intentions.
Ad 91 2000 input.dOC
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4386542210597586
November 13, 2000
APPLlCA TlONFOR MORTGAGE ASSISTANCE- Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific infonnation 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 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 fact-ta-face
meeting.
YOU MUST FILE YOUR APPLfCA TION PROMPTL Y. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR
APPLfCA TlON 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 six (60) days to make a decision after it
receives. your application. During that time, no foreclosure proceeding will be pursued
against you if you have met the time requirements set forth above. You wiff be notified
directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTL Y PROTECTED BY THE FILING OF A PETITION IN
BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORM A TlON
PURPOSES ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can stiff apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (arino it UD to date.'
NA TURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your
property located at: 219 N 26th Street Camp Hill, PA 17011
IS SERIOUSL Y IN DEFAULT because:
Act 912000 input.doc
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Judith G Chilcote
November 13, 2000
A. YOU HA VE NOT MADE MONTHL Y MORTGAGE PA YMENTS for the following months
and the following amounts are now past due:
Other
$0.00
Charges
$2895.66
TOTAL
$3609.63 July 2000 Through October 2000
AMOUNT PAST
YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAUL T - You may cure the default within THIRTY (30) DA YS of
the date of this notice BY PA Y1NG THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $2895.66, PLUS ANY MORTGAGE PA YMENT AND LATE CHARGERS WHICH
BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Pavments must be made either
bv cash. cashier's check. certified check or monev order made oavableand sent to:
B. You can cure any other default by taken the following action within THIRTY (30) DA YS of
the date of this letter. (Do not use if not applicable.) NIA
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30)
DA YS of the date of this Notice, the lender intends to exercise its riahtsto accelerate the
mortaaae 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)
DA YS, the lender also intends to instruct its attomeys to start legal action to foreclose uoon
your mortaaaed orooertv.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attomeys, but
you cure the delinquency before the lender begins legal proceedings against you, you will
still be required to pay the reasonable attomey's fee that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all
reasonable attomey's fees actually incurred by the lender even if they exceed $50.00.
Act 91 2000 input. dOC
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Any attomey's fee will be added to the amount you owe the lender, which may also include
other reasonaQle costs. If YOU cure the default within the THIRTY (30) DA Y Deriod. YOU will
not be reauired to Day attomey's fees.
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAUL T PRIOR TO SHERIFF'S SALE-If you have not cured
the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun,
vou still have.the riaht to cure the default and Drevent the sale at any time UD to one hour
before Sheriff's Sale. You may do so bv Davina the total amount then Dast due. Dlus any
late or other charaes then due. reasonable attomev's fees and cost connectBd with the
foreclosure sale and anv other costs !connected with the Sheriff's Sale as sDecified in
writina by the lender and by oerformina allY other reauirements under the mortaaae.
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 SHERIFPS SALE DA TE-It is estimated that the earliest date that
such a Sheriff's.Sale of the mortgaged property could be held would be approximately ~
{!lmonths from the date of this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what the required
payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Fax Number:
First Union National Bank
PA1327
Consumer Credit Department
123 South Broad Street
Philadelphia, PA 19109
1-800-444-4212 Ext. 3344
1-21fr98fr8291
Name of Lender:
Address:
Phone Number:
Contact Person:
Walter J Hart
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in
the property after the Sheriff's Sale, a lawsuit to remove you and your fumishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You mayor _X_ may not (CHECK ONE) sell
or transfer your home to a buyer or transferee who will assume the moifgage debt, provided
that all the outstanding payments, charges and attomey's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied.
Act912000input,doC
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Judith G Chilcote
November 13, 2000
YOU MA Y ALSO HA VE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE
DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y
OFF THIS DEBT.
. TO HA VE THIS DEFAUL T CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HA VE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO
DEFAUL T HAD OCCURRED. IF YOU CURE THE DEFAUL T. (HOWEVER, YOU DO
NOT HA VE THIS RIGTH TO CURE YOUR DEFAUL T 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 MA Y HA VE TO SUCH
ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
/J~,
Walter J Hart
CONSUMER CREDIT DEPARTMENT
1-800-444-4212 EXT. 3344
WJH/dyp
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Consumer Credit Counselino Aoencv
Notification To:
Date:
Name of Mortgagee:
Address:
In accordance with the Pennsylvania Ho'!'eowner's Emergency Mortgage Assistance
Program (Act 91 of 1983). we'have been approached for mortgage counseling assistance by:
Name of Applicant:
Address
Telephone
Mortgage Loan Number
Address of property on which mortgage is in default
If different from above.
The counseling agency met with the above name applicant on
Data
Who have indicated that they are more than sixty (60 days delinquent on their mortgage payments
and have received notification to foreclose from
FIRST UNION NA TIONAL BANK
CONSUMER CREDIT DEPARTMENT
PA 1327
123 SOUTH BROAD STREET
PHILADELPHIA, PA 19109
In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you
that:
1. If the delinquency cannot be resolved within 30 days forbearance period as provided by law, the
applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. Bya copy of this Notice. we are notifying alf other mortgagees, if any. which the applicant has
indicated es also having a mortgage on the property identified above.
3. It is our understanding that the 30 days forbearance period in which we are now in ends on
4. No legal action to enforce the mortgage may occur during this forbearance period. unless
procedural time limits were not met by the homeowner.
PENNSYLVANIA BULLETIN VOL 29. NO.23 JUNE 5.1999
At' " 2boo appendiuloc
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STA TEMENTS OF POLICY
Name of Counseling
Agency'
Signer and
Title
Telephone
Number
Address
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. Complete ~ems 1, 2, and 3. Also complete
- item 4 if Restricted Delivery Is desired. .
. Print your name and address on the reverne
SO that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
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Darwin G .Chilcote
119 N 26th Street
Camp Hill, PA 17011
.
~ndIl..l!Blf!lll'1lIi~.1I
3. Service Type
CJ Certified Mail CJ Express Mail .
CJ Registenld CJ Return RoceIpt for
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4. Restricted Delivery? (Extra Fee)
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· Somplete It~s 1, 2, and 3. Also complete
it~;ll 4 If Restncted Delivery is desired.
· Pnnt your name and address on the revB/Se
so that we can retum the can:! to you
· Attach this can:! to the back of the m~i1piece
or on the front if space permits. '
1. Anic/e Adciressed to:
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Judith G Chilcote
219 N 26th Street
Camp Hin,PA 17011
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ComllJete items 3. 4a, and 4b.
C Print your name and address on the reverse of this form so that we can return thIs
card to you. _ . ~
CJ Attach thIs form to the fronl of the mailpiece. or on the back if space does not
permit.
CJ Write 'Return Receipt Requested" on the mailpiece below the article number.
CJ The Relum Receipt will show to whom the article was delivered and the date
delivered.
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VERIFICATION
The undersigned, having read the attached, hereby verifies that the within pleading is based
upon information furnished to counsel, which information has been gathered by counsel in the course
in this lawsuit. The language of the pleading is that of counsel and not of the signer. The signer
verifies that she/he has read the within pleading and that it is true and correct to the best of the signer's
information and belief. To the extent that the contents of the pleading are that of counsel, the signer
has relied upon counsel in taking this Verification.
I, Patricia Kerrane, hereby verify that I am an Assistant Vice President of First Union
National Bank, that I am authorized to make this verification on its behalf and that the facts set forth in
the within Instrument are true and correct to the best of my knowledge, information and belief and that
the same are made subject to the penalties of 18 Pa.e.S.A. ~4904 relating to unsworn falsification to
authorities.
Date:
Re:
Darwin and Judith Chilcote
Loan No. 4386542210597586
";e
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SHERIFF'S RETURN - REGULAR
.
-CASE NO: 2001-03081 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS
CHILCOTE DARWIN GIRARD ET AL
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
CHILCOTE JUDITH J
the
DEFENDANT
, at 1841:00 HOURS, on the 23rd day of May
, 2001
at 219 NORTH 26TH STREET
CAMP HILL, PA 17011
by handing to
JUDITH J CHILCOTE
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
Service
Affidavit
Surcharge
6.00
9.30
.00
10.00
.00
25.30
So Answers:
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R. Thomas Kline
day of
07/02/2001
ADAMS & KAUFFMAN
By: (\ () 1/ ^
'\J o..uJl'"\ 0- 'M.QJl. ,
Deputy Sheriff
Sworn and Subscribed to before
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-03081 P
. COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS
CHILCOTE DARWIN GIRARD ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
CHILCOTE DARWIN GIRARD
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On July
2nd , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Deputize Dauphin
18.00
9.00
10.00
29.25
.00
66.25
07/02/2001
ADAMS & KAUFFMAN
S~_~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
of ,Tuly
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@ffitt of t4t ~4t:riff
William T. 'tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, peunsylvania 1710 1
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
FIRST UNION NATIONAL BANK
vs
County of Dauphin
CHILCOTE DARWIN GIRARD
Sheriff's Return
No. 1547-T - -2001
OTHER COUNTY NO. 2001-3081
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for CHILCOTE DARWIN GIRARD
the DEFENDANT named in the within NOTICE & COMPLAINT IN MORT FORECLOSURE
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, June 22, 2001
DEFENDANT REFUSED SERVICE PER HIS ATTORNEY STUART DONEGAL. COMPLAINT
EXPIRED ON 6-21-01.
Sworn and subscribed to
JR~
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Sheriff of Dauphin county, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $29.25 PD 06/07/2001
RCPT NO 150768
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In The Court of Common Pleas of Cumberland County, Pennsylvania
First Union National Bank
VS.
Darwin Girard Chilcote etal
lRVE: Daxwin Girard Chilcote No. 2001
3081 civil
Now May 30, 2001
,
, !, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of DA, ]pM i n
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~~/~
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made mown to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this day of , 20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C.
By: Anthony R. Distasio, Esquire
Attorney I.D. No. 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, P A 19603-0461
(610) 374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: CIVIL ACTION - LAW
DARWIN GIRARD CHILCOTE and
JUDITH J. CHILCOTE
Mortgagors and Real Owners,
Defendants
: No. DI- .JeJPf
Cu~L y~
v.
: ACTION OF 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 are
served by entering a written appearance personally or by attorney and by filing in writing with the
Court your defenses or objections to the claims set forth against your. You are warned that if you fail
to do so the case may proceed with out 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 claims or relief
requested by the Plaintiff. You may lose money or property or their rights important you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
Lawyers Reference Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
(800) 990-9108
TAlJECO .... .
In r__yw:,!:ROM RECORD
.h ., ft6". " here unto set my h~.....
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LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C.
By: Anthony R. Distasio, Esquire
Attorney I.D. No. 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, P A 19603-0461
(610) 374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: No.
DARWIN GIRARD CHILCOTE and
JUDITH J. CHILCOTE
Mortgagors and Real Owners,
Defendants
: ACTION OF MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, First Union National Bank, is a national bank organized under the laws of the
United States, with an office located at 123 South Broad Street, 7'" Floor, Philadelphia, Pennsylvania
19109-1029.
2. Defendants, Darwin Chilcote and Judith Chilcote, mortgagors of the premises
hereinafter described, are adult individuals with a last known address of 219 N. 26'" Street, Camp Hill,
Pennsylvania 17011.
3. On November 6, 1992, the Defendants made, executed and delivered to CoreStates
Hamilton Bank, a Mortgage upon the premises hereinafter described, which mortgage is recorded in
Mortgage Book Volume 1l00, Page 298, Cumberland County Records. A true and correct copy of the
mortgage is attached hereto as Exhibit "A".
4. First Union Bank is a successor by merger to CoreStates Hamilton Bank.
5. The Mortgage has not been assigned.
6. The premises subject to said Mortgage is described as follows:
ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill,
County of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit:
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BEGINNING at a point on the eastern line of North 26'" Street 280 feet north of .the
northeast corner of Logan Street and North 26'" Street also being at the dividing line
between Lots Nos. 13 and 14, Section "C" in the hereinafter mentioned Plan of Lots;
thence North 0 degrees 30 minutes East along the eastern lone of North 26th Street 40
feet to a point at the dividing line between Lots Nos. 15 and 16 on Section "C" on the
said Plan; thence South 89 degrees 30 minutes East along same 140 feet to a point on
the western line of King Alley; thence South 0 degrees 30 minutes West along same 40
feet to a point at the dividing line between Lots Nos. 13 and 14, Section "C" on said
Plan; thence North 89 degrees 30 minutes West along same 140 feet to a point, the
place of BEGINNING.
BEING Lots Nos. 13, 14, and 15, Section "C" on Plan of Lots laid out by Arthur R.
Rupley and Caleb S. Brinton which plan is recorded in the Cumberland County
Recorder's Office in Deed Book 21-K, Page 293 on November 2, 1964 granted and
conveyed unto the Grantors herein.
HAVING thereon erected a two story frame dwelling known and numbered as 219
North 26'" Street.
,
BEING the same premises which James H.Salmon and Ruth E. Salmon, his wife, by
their deed dated October 7, 1964 and recorded in the Cumberland County Recorder's
Office in Deed Book 21-K, Page 283 on November 1964 granted and conveyed unto
the Grantors herein.
7. The Plaintiff has complied with the provisions of Section 403 of Act No.6 of 1974, 41
P.S.~ 403 and Section 2 of Act 91 of 1983, 35P.S.~403(c) as evidenced by copies of the notices
required thereunder attached hereto, marked as Exhibit "B", made a part hereof, and sent to the
Defendants on November 13, 2000.
8. Said Mortgage is in default because the required installments of principal and interest
due July 20, 2000 and the 20th day of each month thereafter are due and have not been paid.
9. After demand by Plaintiff, Defendants have failed to pay said installments of principal
and interest and has to date failed to cure such default.
10. As per the terms of the Mortgage, upon default and failure to cure such default after
notice, the whole of the principal, interest and late charges due thereunder are collectable forthwith.
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11. The following amounts are due on said Mortgage:
Principal balance
$38,136.04
Interest as of 04/26/01 with a continuing
interest per diem amount of $10.91 as per
the terms of the Mortgage
635.38
Attorney Fees of 15% as per Note
(only actual attorney fees not exceeding
15% will be collected at the time of
reinstatement/payoff)
5,815.71
TOTAL
$44,587.13
12. Plaintiff demands judgment for the amount due and for foreclosure and sale of the
mortgaged property.
WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the
Defendants for foreclosure and sale of the mortgaged property and in the amount of Forty Four
Thousand Five Hundred Eighty Seven Dollars and Thirteen Cents ($44,587.13) with interest
continuing from April 26, 2001 at the Contract per diem amount of $10.91, costs of suit and for any
and all other relief as the Court deems appropriate.
LINTON, DI IfASIQ, ADAMS & KAUFFMAN, P.C.
j
By: Anthony R. Distasi , Esquire
Attorney for Plaintiff
Pursuant to Ihe Fair Debt Collection Practices Act, 15 U.S.C. ~1692 et seq. (1977), Defendant(s) may dispute Ihe validity of
Ihe debt or any portion Ihereof. lfDefeodaot(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel
for Plaintiff will obtain and provide Defendant(s) wilh written verification Ihereof: olherwise, Ihe debt will be assumed to be
valid by us. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send
Defendaot(s) name and address of Ihe original creditor if differeot from above.
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OPEN.END LINE OF CREDIT MORTGAGE
THIS MORTGAGE SECURES BOTH PR~SENT AND FUTURE ADVANCES WHICH mE MOIITGAGEE
MAY MAKE TO THE MORTGAGOR. MORTGAGOR'S INTEREST RATE MAY VARY FROM TIME TO TIME.
This Morrgage ma,de Ihe 6th day of November 1992, by
DARWIN GIRARD CHILCOTE AND JUDITH J. CHILCOTE '
(whelher one or more the .Mort8:1gor~) to Hamilton Dank, a banking corpomtlon organized un'der the law of the Commonwealth of Pennsylvama
(the "Mortgagee"), with Its main office atl0() North Queen Sired, Lancaster, Pennsylvania 17ti04.
1. PROPERTY MORTGAGED. Mortgagor hereby grants and conveys to Mortgagee: All the lot(s) or pfece(s) of ground, situated In the County
of CUMBERLAND ,S1:ale of PENNSYLVANIA ,more speclffcal1y described In Exhibit -A"
auactted hereto and made a part hereof (referred to as the "Property"). The Property Includes: (a) the land, (6) all buildings or other structures
that are now or later located on the land, (c) all fixtures that are now or later ~ttathed to the land or any building. (d) all proceeds from the
condemnatlon (taking) of all or part of the Property, (e) any insurant-e proceeds for damage to or destruction of the Property, and (f) ail other
legal rights that Mortgagor has. or will have, as owner of the Property.
2. MORTGAGE LOAN AND FUTURE ADVANCES. This Mortgage SCtLlTeS all Mortgagor's obligations under a REVOLVING CREDIT
AGREEMENT dated November 6, ,19 92 (referred to as the ~Agreement"). The Agreement's terms. are incorporated
In[O Ihis Mortgage. Under the Agreement, Mortgagee has agreed to make advances 10 Mortgagor from time (0 time up to a credit limit of
EIGHTY THOUSAND AND 00/100 ************************************ Dollars ($ 80,000.00 ).
This Morrg-dge secures all present and future lIdvances mal.le by Mortgagee to Mortgagor. The lien of future lldvances up to the Mortgagor's credit
limit shall relate back to Ihe date of this Mortgage. Mortgagor and Mortgagee agree that full re~yment of sums outstanding at any time under
the Agre,emenl shall not extinguish the Agreement or the security of Ihls Mortgage for future advances so long as Mortgagor ts stili entitled at
the time of borrowing to such future advances. Should any advances hereunder be deemed to be non.obllgatory such advance is stlll to be deemed
to be secuft.'d by this Mortgage Upon canceUatlon of the Agreement and the payment by Mortgagor of all amounts due, Mortgagee will terminate
and cancel this Mortgage at Mortgagor's expense.
3. MORTGAGEE'S RIGHTS. By giving thts Mongage, Mortgagor gives to Mortgagee aU the rights set forth in this Mongage and the Agreement,
along with any other rights which the Mortgagee has under law. If Mortgagor fails to carry out its obllgallons under this Mortg<age or the AgreelT!em,
or if any action is begun that materially affects Mortgagee's interest in the ProperlY, then Mongagee may at tts option, w\tb notke to MurtgagOf,
m:!ke appearances, disburse mOlley, induulllg reasonable attorney's fees, and take whatever action Is necessary (0 protect Mortsagee's Interest
Any amounts spent by Mortgagee shall be added to Mortgagor's prindpalindebredness secured by tlUs Mortgage and tntereSt shall be accrued
thereon.
4. MORTGAGOR'S PROMISES. Until the earlier of either notice as prescribed by law from Mortgagor limiting indebtedness hereunder and ~ng
Mortgagee from its obligation to make advances or the Agreement is terminaled as provided therein; and until the obligation and all other sums
secured by this Mortgage are paid in full, Mortgagor (and if more than one, jointly and severally) covenants and agrees with the Mortgagee as
follows:
a Mortgage and AgreemenL Mortgagor wlll comply with all the teoos of Ihls Mortgage and lite A~menr, including making all payments
required by the Agreement, this Mongage and any other obligation of Mortgagor secured hereby. .
b. Taxes and Other Charges. Mortgagor will pay all taxes, water, and sewer charges, assessments, and all other charges made against the Propeny
bt.'fore interest bt.'glns to aa:rue thereon. Mortgagor wiu provide Mortgagee witb satisfactory proof of payment upon requesL
c. Insurance. MOTlgagor will maintain insurance on the Property. The type and amouD( of insurance, <IS well as the company, pollcy,lUtd notice
and cancellation clauses must be acceptable to Mongagee Mortgag<):r will provide: Mongagee wi.th certificates of such Insurance, along wi.th pcoof
(hat the premium has been paid. Mortgagor will Immediately notify Mortgagee of any loss or damage to the Propeny, and Mortgagee may me
and seltte the claim Qn Mortgagor's behalf if MOTlgagor does not do so promptly. Atlinsurnnce payments must be payable to the Mortgagee utlder
a ws(and:!rd mortgage clause" in the policies. Mortgagee may eilher (1) repair and restore the ,damage to the Property or (2) apply the proceeds
to arty amounts due under the Agreement and this Morlgage and pay any excess to Mortgagor. Mongagor must continue to make the payments
due under [he A~reement and this Mortgage following toss or damage to the Property. .
d. Repairs ana Maintenance Mortgagor will do all necessary repairs and maintenance to keep the Property In good'repair. Unless the prior
written consenl of Mortgagee is obtained, Mortgagor will not abandon, alter, demolish, or add to the Prop::ny. Mortgagee may inspect tbe Property
at all reasonable times.
e. Lawful Use. Mong3gor will not. use the property In a way that violates any law, ordinance, or other requireinents of any government
authority, , _
f. Eminent Domain. Mortgagor wilt promptly notify Mortgagee If Mortgagor re<<ives a not_Ice of tllking by eminent domain. If the taking
occurs, any compensation wlll be paid to Mortgagee, subject to the rights of any prior lenders. .
g. Other Mortgages or Liens. Mortgagor will make all payments and perform all otlter obURatlons oonlained in any other mongage or tien
on the Property. Mortgagor will not change any term of any prior mortgage or other lien on t6e Property. Mortgagor .will not create or permit . !
creation of any additional mortgage, J1en~ or other Interest In the Property Without the prior written consem of Mortgagee. . i
h. AdJif10nal Documents. Upon request, Mortgagor will sign any documents or statements required by Mortg:agee to protect Mortgagee's \
Interest under thIs Mortgage. MOTlgagor will pay the cost (or recording or filing such documents. ,1''-
i. NOlice_of Defnult If Mortgagor receives a nOllee from Ihe holder of any other moTlgage or lien on the Property declaring that Mortgagor
is in dcf:Jult, Mortgagor will promptly notify MOTlgngee. .
j. Ownership. Mortgagor warrAnts title to tile 'Property. Murtga~or wlU defend the title to the 1'ropeny asa!nst aU claims. The Propeny is ) \
unencumbeieJ, except for encumbmnces of record which have been disclosed to Mortgagee by Mortgagor. . -. !\.. .\
5. DEFAULT. Mortgagor will be in defauk of tl;\e Agreement and tbIs ~rtgage If one'or more.of the followlRg occuc (,) Mortzazor oommittt:d -
fmud or made any material misrepresentation to Mortgagee in Mortgagor~ loan a.ppllcation or otherwise; (b) Mortgagor does not make any required
payment under the Agreement, (c) Mortgagor acts or fails to aClln such a way that adversely affects the Property or Mortgagee's rights under. ~. I
Ihis Mortgage; (d) Mortgagor conveys the property without the prior written consent of Mortgagee which consent Mortgagee reserves the right. '
to refuse; or (e) any event of default described In the Agreement occurs. . . _ l' .\,
6. PAYMENTS DUE UPON DEfAULT. Upon default, Mortgagor must tmmedlately pay all unpaid principal, lnrerest, ocher amOunts due 'under che :. ~
Agreement and this Mortgage. and Mortgagee's costs of collection and reasonable attorney's fees. _ . . -i'!
7. RIGHTS UPON DEFAULT. Upon default, Mortgagee may do one or more of.the followIng: (a) Start a cOlin action, known asforedosure,'whtth ' I
wUl result jn a sale o( the Property to pay Mortgagor's ol1llgaUons under the Agreement and this Mortsase; (b) Thke possession of and manage I '
the PmpcrtYi (c) Sue Mongagor fot any amount not paW to Mangagce from the sale of lhe propenYi or (d) Pursue any other rights avaUable . \
under this Mortgage or applicable law. f
tl NON- WAIVl!R, CUMULATIVE REMEDIES. Mortgagt.-'e may exercise one or more of Its remedies under the Agreement, Ihls Mongase. or as . '
otherwise permiUed hy law, indlvidu:i1ly or at the same time. Mortgagee's f::iilure to enforce any rights or pOfSue any remedy available under ).
thc A~rcen1ent or this Morrgage shall not be considered a waiver of any of Mortgagee's rights Qr remedies at a later time. . I
9 PARTiES BOUND The Agrccment and this MOTlgage arc legally binding upon the Mongagor and any person who succeeds 10 me Mottga}lor's , t
le~al responslhlihies. ThiS MOTlgagc shall Inure to the tleneflt of Mortgagee, its successors and assigns. .' ' ~'
1M WITNESS WI mREOF, Mungagor, !mern.Uflg to hI..' legally hound, has cOluscd this Murtgage to be duly eD:CUted. Mortpgor acknowledges RCelpt I
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COMMONWEALllf OF P$NNSYLVANIA
COUNTY OF ])A.<...ll "-' tJ '" J:
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-:"\.- On this, t~ "^" 6!&i ........_\day of I': ~,1' '1'2... before me, the undersigned offlca: personally appeared
J.)4l.W.,. .(p,_ <..-N ~ ~ .:J~..... ,,-. ChilG01E. .
known to me (or ,sati!!f"adoiily proven) tb"De ttie persons whose names ~
subscribed to the within Mortgage and acknowted~ that--r.w. ~ . executed
the same for the 'purposeS therein !:ontajned, and desire the Saiife to be recorded as such. .
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CORPORATE ACKNOWLEDGMENT
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who acknowledged himself to be the
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Consumer Credit Department
PO Box 7558
Philadelphia, PA 19101-7558
800444-4212
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November 13, 2000
Darwin G Chilcote
219 N 26th Street
f;amp Hill, PA 17011
4386542210597586
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortaaae on vour home is in default. and the lender
intends to foreclose. Soecific information about the nature of the default is orovided in the
attached oaaes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to
helD to save vour home. This Notice exolains how the oroaram works.
To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DA YS OF THE DA TE OF THIS NOTICE. Take this Notice with vou
when vou meet with the Counselina Aaencv.
The name. address and ohone number of Consumer Credit CounselinG AGencies servina
vour Countv are listed at the end of this Notice. If vou have anv Guestions. vou mav call the
Pennsvlvania Housina Finance Aaencv toll free at 1-800342-2397. {Persons with imoaired
hearina 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 maya/so want to contact an attorney in your area. The /ocal bar association may be
able to help you find a lawyer.
LA NOTIFICAC/ON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENOE EL
CONTENIDO DE ESTA NOTIFICAC/ON OBTENGA UNA TRADUCC/ON
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FIANANCE
AGENCY) SIN CARGOS AL NUMERO MENC/ONADO ARRIBA. PUEDES SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SAL VA SU
CASA DE LA PERDIDA DE DERECHO A REDIM/R SU HIPOTECA.
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Darwin G Chilcote
November1~ 2000
HoMEOWNER'S NAME (S):
PROPERTY ADDRESS:
Darwin G Chilcote
LOAN ACCT. NO.#:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
219 N 26th Street
Camp Hill, PA 17011
43865422 1059 7586
FIRST UNION BANK
FIRST UNION BANK
EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM
YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR
HOME FROM FOReCLOSURE AND HELP YOU MAKE FUTURE MORTGAGE .
PA YMENTS.
IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE 'ACrj, YOU MA Y BE ELIGIBLE FOR EMERENCY MORTGAGE
ASSISTANCE:
. IF YOUR DEFAUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE
PA YMENTS AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYL VANIA HOUSING FINANCE AGENCY.
TEMPORARY STA Y OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay offoreclosure 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
customer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DA YS. IF YOU DONOT APPLY FOR
EMeRGENCY MORTGAGE ASSISTANCE. YOUMUSTBRING YOUR MORTHAGE UP
TO DATE THE PART OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE
DEFAUL 7". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DA TE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names. addresses and
teleohone numbers of desionated consumer credit counselino aoencies for the countv in
which the orooertv 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.
Act 91 2000 input.doc
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APPLICA TION 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 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 fact-ta-face
meeting.
YOU MUST FILE YOUR APPLlCA TION PROMPTL Y. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR
APPLlCA TION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACnON - 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 six (60) days to make a decision after it
receives your application. During that time, no foreclosure proceeding 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 CURRENTL Y PROTECTED BY THE FlUNG OF A PEnTION IN
BLANKRUPTCY, THE FOLLOWING PART OF THIS NOnCE IS FOR INFORMA nON
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A TTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAUL T (Brinq it UD to date.)
NA TURE OF THE DEFAUL T: - The MORTGAGE debt held by the above lender on your
property located at: 219 N 26th Street Camp Hill, PA 17011
IS SERIOUSL Y IN DEFAUL T because:
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Darwin G Chilcote
November 13, 2000
A. YOU HA VE NOT MADE MONTHL Y MORTGAGE PA YMENTS for the following months
and the following amounts are now past due:
Other
$0.00
Charges
$289~.66
TOTAL
$3609.63 July 2000 Through October 2000
AMOUNT PAST
YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAUL T - You may cure the default within THIRTY (30) DA YS of
the date of this notice BY PA YING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $2895.66, PLUS ANY MORTGAGE PA YMENT AND LA TE CHARGERS WHICH
BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Pavments must be made either
bv cash. cashier's check. certified check or money order made Davable and sent to:
B. You can cure any other default by taken the following action within THIRTY (30) DA YS of
the date of this letter. (Do not use if not applicable.) NIA
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30)
DA YS of the date of this Notice, the lender intends to exercise its naMs to accelerate the
mortaaae debt. This means that the entire outstanding balance of this debt will be
considere.d due immediately and you may lose the chance to pay the mortgage in monthly
installments, If full payment ofthe total amount past due is not made within THIRTY (30)
DA YS, the lender also intends to instruct its attomeys to start legal action to foreclose UDon
vour mortaaaed DroDertv.
IF THE MORTGAGE IS FORECLOSED UPON- 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 lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney's fee 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.
Ad 91 2000 input.doc
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November 13, 2000
Any attorney's fee will be addedto the amount you owe the lender, which may also include
other reasonable costs. If yOU cure the default within the THIRTY (30) DA Y Deriod. YOU will
not be reauired to Dav attomev's fees.
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAUL T PRIOR TO SHERIFF'S SALE-If you have not cured
the default within the THIRTY (30) OA Y period and foreclosure proceedings have begun,
yOU still havetheriaht to cure the default and Drevent the sale at any time UD to one hour
before Sheriffs Sale.. You may do so bv Davina the total amount then Dast due. alus anv
late or othercharoes then due. reasonable attomev's fees and cost connected with the .
foreclosure sale andanv other CliJsts connected with the Sheriff's Sale as saecified in
writina bv the lender andbv aet1iJrroinaanvotliler reauirements under the mortaaae. .
Curing your default in the man,ner set forth in this notice will restore your mortgage
to the same position as if you had never defaulted.
EARUEST POSSIBLE SHERIFF'S SALE DA TE-It is estimated that the earliest date that
such a Sheriffs Saleotthe mortgaged property could be held would be approximately SIX
{lLmonths from the date of this Notice. A notice ofthe 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:
First Union National Bank
PA1327
Consumer Credit Department
123 South Broad Street
Philadelphia, PA 19109
1-800-444-4212 Ext. 3344
Address:
Phone Number:
Fax Number:
1-215-985-8291
Contact Person:
Walter J Hart
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in
the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You mayor _X_ may not (CHECK ONE) sell
or transfer your home to a buyer or transferee who will assume the mortgage debt, provided
that all the outstanding payments, charges and attorney's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied. .
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November 13, 2000
YOU MA Y ALSO HA VE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE
DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y
OFF THIS DEBT.
· TO HA VE THIS DEFAUL T CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HA VE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO
DEFAUL T HAD OCCURRED, IF YOU CURE THE DEFAUL T. (HOWEVER. YOU DO
NOT HA VE THIS RIGTH TO CURE YOUR DEFAUL T 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 MA Y HA VE TO SUCH
ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
tJJko~
Walter J Hart
CONSUMER CREDIT DEPARTMENT
1-800-444-4212 EXT. 3344
WJH/dyp
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Consumer Credit Counselinct Actencv
Notification To:
Date:
Name of Mortgagee:
Address:
In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance
Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by:
Name of Applicant:
Address
Telephone
Mortgage Loan Number
Address of property on which mortgage is in default
If different from above.
The counseling agency met with the above name applicant on
Date
Who have indicated that they are more than sixty (60 days delinquent on their mortgage payments
and have received notification to foreclose from
FIRST UNION NA T10NAL BANK
CONSUMER CREDIT DEPARTMENT
PA 1327
123 SOUTH BROAD STREET
PHILADELPHIA. PA 19109
In accordance with the Homeowner's Emergency Mortgage Assistance Program. this is to inform you
that:
1. If the delinquency cannot be resolved within 30 days forbearance period as provided by law. the
applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's .
Emergency Mortgage Assistance.
2. Bya copy of this Notice. we are notifying all other mortgagees, if any. which the applicant has
indicated as also having a mortgage on the property identified above.
3. It is our understanding that the 30 days forbearance period in which we are now in ends on
4. No legal action to enforce the mortgage may occur during this forbearance period, unless
procedural time limits were not met by the homeowner.
PENNSYLVANIA BULLETIN VOL 29. NO.23 JUNE 5,1999
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Judith G Chi/cote
219 N 26th Street
Camp Hill, PA 17011
4386542210597586
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortaaae on your home is in default. and the lender
intends to foreclose. SDecific information about the nature of the default is Dravided in the
attached Daaes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM {HEMAP} may be able to
helD to save your home. This Notice eXDlains how the Draaram works.
To see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DA YS OF THE DA TE OF THIS NOTICE. Take this Notice with YOU
when YOU meet with the Counselina Aaencv.
The name. address and ohone number of Consumer Credit Counselina Aaencies seNina
your County are listed at the end of this Notice. If you have any ouestions. YOU may call the
Pennsvlvania Housina Finance Aoencvtoll free at 1-800 342-2397. {Persons with imoaired
hearinocan 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 attomey 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 CONTlNUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL
CONTENJDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FIANANCE
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 SALVA SU
CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA.
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Judith G Chilcote November 13, 2000
HOMEOWNER'S NAME (S): Judith G Chilcote
PROPERTY ADDRESS: 219 N 26th Street
Camp Hill, PA 17011
LOAN ACCT. NO.#: 4386542210597586
ORIGINAL LENDER: FIRST UNION BANK
CURRENT LENDER/SERVICER: FIRST UNION BANK
EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM
YOUMA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PA YMENTS.
IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MA Y BE ELIGIBLE FOR EMERENCY MORTGAGE
. ASSISTANCE:
. IF YOUR DEFAUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE
PA YMENTS AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STA Y OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
. During that time you must arrange and attend a "face -ta- face' meeting with one of the
customer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THENEXT (30) DA YS. IF YOU DONOT APPL Y FOR
EMERGENCYMORtGA.GE ASSISTANCE. YOU MUST BRINf'; Y(f)lJRMlfJRTHAGE UP
TO DA TE THE PART OF THISNOTlCE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAUL T".EXPLAINS HOW TOBRJNG YOUR MORtGAGE UP TO DA te.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names. addresses and
teleohone numbers of desionated consumer credit counselino aaencies far the county in
which the orooertv is located are set faith at the end of this Notice. It is only necessary to
schedule one face-ta-face meeting. Advise your lender immediatelv of your intentions.
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APPLlCA TlONFOR MORTGAGE ASSISTANCE- Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific infonnation 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 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 fact-tOoface
meeting.
YOU MUST FILE YOUR APPLlCA TION PROMPTL Y. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR
APPLlCA nON 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 six (60) days to make a decision after it
receives your application. During thaftime, no foreclosure proceeding 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 CURRENTL Y PROTECTED BY THE FILING OF A PETITION IN
BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMA TlON
PURPOSES ONL Y AND SHOULD NOT BE CONSIDERED AS AN A TTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brino it UD to date.!
NATURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your
property located at: 219 N 26th Street Camp Hill, PA 17011
IS SERIOUSLY IN DEFAULT because:
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November 13, 2000
A. YOU HA VE NOT MADE MONTHL Y MORTGAGE PA YMENTS for the following months
and the following amounts are now past due:
Other
$0.00
Charges
$2895.66
TOTAL
$3609.63 July 2000 Through October 2000
AMOUNT PAST
YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use;f not apPlicable):
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DA YS of
the date of this notice BY PA YtNG THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $2895.66, PLUS ANY MORTGAGE PA YMENT AND LATE CHARGERS WHICH
BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Payments must be made either
bv cash. cashier's check. certified check or money order made oavable and sent to:
B. You can cure any other default by taken the following action within THIRTY (30) DA YS of
the date of this letter: (Do not use if not applicable.) N/A
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30)
DA YS of the date of this Notice, the lender intends to exercise its riahts to accelerate the
mortaaae 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)
DA YS, the lender also intends to instruct its attomeys to start legal action to foreclose UDon
your mortaaaed orooertv.
IF THE MORTGAGE IS FORECLOSED UPON-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 lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney's fee 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.
AI::l91 2000 input.doC
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Any attomey's fee will be added to the amount you owe the lender, which may also include
other reasonable costs. If yOU cure the default within the THIRTY (30) DA Y Deriod. YOU will
not be reauired to Dav attomev's fees.
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured
the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun,
YOU still have the riaht to cure the default and Drevent the sale at any time UD to one hour
before Sheriffs Sale. You may do so bv Davina the total amount then Dast due. alus any
late or other charaes then due. reasonable attomev's fees and cost conneoted with the
foreclosurce sale and any other costs connected with the Sheriffs Sale. as sDecified in
writina bv the lender and bv Derformina any other reauirements under the mortaaae. .
Curing your default in .the mannetset forth in this notice will restore your mortgage
to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFPS .SALE DA TE-It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX
@.monthsfrom 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:
First Union National Bank
PA1327
Consumer Credit Department
123 South Broad Street
Philadelphia, PA 19109
1-800-444-4212 Ext. 3344
Address:
Phone Number:
Fax Number:
1-215-985-8291
Contact Person:
Walter J Hart
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 co?ti".ue to live in
the property after the Sheriff's Sale, a lawsuit to remove you and your fumlshmgs and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You mayor _X_ may not (CHECK ONE) sell
or transfer your home to a buyer or transferee who will assume the mortgage debt, provided
that all the outstanding payments. charges and attomey's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied.
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YOU MA Y ALSO HA VE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE
DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y
OFF THIS DEBT.
. TO HA VE THIS DEFAUL T CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HA VE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HA VE THIS RIGTH TO CURE YOUR DEFAUL T 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 MA Y HA VE TO SUCH
ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
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Walter J Hart
CONSUMER CREDIT DEPARTMENT
1-800-444-4212 EXT, 3344
WJH/dyp
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Notification To:
Date:
Name of Mortgagee:
Address:
In accordance with the Pennsylvania Homeowner's Emel'j;Jency Mongage Assistance
Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by:
Name of Applicant:
Address
Telephone
Mongage Loan HiJmber
Address of property on which mortgage is in default
If different from above.
The counseling agency met with the above name applicant on
Date
Who have indicated that they are mare than sixty (60 days delinquent on their mortgage payments
and have received notification to foreclose from
FIRST UNION NA TlONAL BANK
CONSUM~R CREDIT D~PARTMENT
PA 1327
123 SOUTH BROAD STREET
PHILADELPHIA, PA 19109
In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you
that:
1. If the delinquency cannot be resolved within 30 days forbearance period as provided by law, the
applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has
indicated as also having a mortgage on the property identified above.
3. It is our understanding that the 30 days forbearance period in which we are now in ends on
4. No legal action to enforce the mortgage may occur during this forbearance period, unless
procedural time limits were not met by the homeowner.
PENNSYLVANIA BULLETIN VOL 29. NO.23 JUNE 5,1999
Act" 2000 .PlMftaix.dOC
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1. Article Addressed to:
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Darwin G .Chilcote
219 N 26th Street
Camp Hill, P A 17011
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1. Article Addressed to:
Judith G Chilcote
219 N 26th Street
Camp Hin, PA 17011
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VERIFICATION
The undersigned, having read the attached, hereby verifies that the within pleading is based
upon information furnished to counsel, which information has been gathered by counsel in the COurse
in this lawsuit. The language of the pleading is that of counsel and not of the signer. Thesigner
verifies that she/he has read the within pleading and that it is true and correct to the best of the signer's
information and belief. To the extent that the contents of the pleading are that of counsel, the signer
has relied upon counsel in taking this Verification.
I, Patricia Kemme, hereby verify that I am an Assistant Vice President of First Union
National Bank, that I am authorized to make this verification on its behalf and that the facts set forth in
the within Instrument are true and correct to the best of my knowledge, information and belief and that
the same are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to
authorities.
Date:
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Re: Darwin and Judith Chilcote
Loan No. 4386542210597586
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LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C.
By: Anthony R. Distasio, Esquire
Attorney I.D. No. 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, PA 19603-0461
(610) 374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: No. 01-3081 Civil Term
DARWIN GIRARD CHILCOTE and
JUDITH J. CHILCOTE
Mortgagors and Real Owners,
Defendants
: ACTION OF MORTGAGE FORECLOSURE
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROmONOTARY:
Please withdraw the Complaint in the above-captioned matter.
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S & KAUFFMAN, P.C.
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By: Anthony R. Distasio, Esquire
Attorney I.D. No. 46890
17241 Mineral Spring Road, P.O. Box 461
Reading, P A 19603-0461
(610) 374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 01- JOPL clo~l'-r~
DARWIN GIRARD CHILCOTE and
JUDrrHJ.CHILCOTE
Mortgagors and Real Owners,
Defendants
: ACTION OF 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 are
served by entering a written appearance personally or by attorney and by filing in writing with the
Court your defenses or objections to the claims set forth against your. You are warned that if you fail
to do so the case may proceed with out 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 claims or relief
requested by the Plaintiff. You may lose money or property or their rights important you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
Lawyers Reference Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
(800) 990-9108
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LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C.
By: Anthony R. Distasio, Esquire
Attorney I.D. No. 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, P A 19603-0461
(610) 374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: CML ACTION - LAW
v.
: No.
DARWIN GIRARD CHILCOTE and
JUDITH J. CIDLCOTE
Mortgagors and Real Owners,
Defendants
: ACTION OF MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, First Union National Bank, is a national bank organized under the laws of the
United States, with an office located at 123 South Broad Street, 7" Floor, Philadelphia, Pennsylvania
19109-1029.
2. Defendants, Darwin Chilcote and Judith Chilcote, mortgagors of the premises
hereinafter described, are adult individuals with a last known address of219 N. 26'" Street, Camp Hill,
Pennsylvania 17011.
3. On November 6, 1992, the Defendants made, executed and delivered to CoreStates
Hamilton Bank, a Mortgage upon the premises hereinafter described, which mortgage is recorded in
Mortgage Book Volume 1100, Page 298, Cumberland County Records. A true and correct copy of the
mortgage is attached hereto as Exhibit . A " .
4. First Union Bank is a successor by merger to CoreStates Hamilton Bank.
5. The Mortgage has not been assigned.
6. The premises subject to said Mortgage is described as follows:
ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill,
County of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit:
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BEGINNING at a point on the eastern line of North 26'" Street 280 feet north of .the
northeast corner of Logan Street and North 26'" Street also being at the dividing line
between Lots Nos. 13 and 14, Section "CO in the hereinafter mentioned Plan of Lots.
thence North 0 degrees 30 minutes East along the eastern lone of North 26th Street 40
feet to a point at the dividing line between Lots Nos. 15 and 16 on Section "CO on the
said Plan; thence South 89 degrees 30 minutes East along same 140 feet to a point on
the western line of King Alley; thence South 0 degrees 30 minutes West along same 40
feet to a point at the dividing line between Lots Nos. 13 and 14, Section "CO on said
Plan; thence North 89 degrees 30 minutes West along same 140 feet to a point, the
place of BEGINNING.
BEING Lots Nos. 13, 14, and 15, Section "CO on Plan of Lots laid out by Arthur R.
Rupley and Caleb S. Brinton which plan is recorded in the Cumberland County
Recorder's Office in Deed Book 21-K, Page 293 on November 2, 1964 granted and
conveyed unto the Grantors herein.
HAVING thereon erected a two story frame dwelling known and numbered as 219
North 26'" Street.
BEING the same premises which James H. Salmon and Ruth E. Salmon, his wife, by
their deed dated October 7, 1964 and recorded in the Cumberland County Recorder's
Office in Deed Book 21-K, Page 283 on November 1964 granted and conveyed unto
the Grantors herein.
7. The Plaintiff has complied with the provisions of Section 403 of Act No.6 of 1974, 41
P.S.~ 403 and Section 2 of Act 91 of 1983, 35P.S.~403(c) as evidenced by copies of the notices
required thereunder attached hereto, marked as Exhibit "B", made a part hereof, and sent to the
Defendants on November 13, 2000.
8. Said Mortgage is in default because the required installments of principal and interest
due July 20, 2000 and the 20th day of each month thereafter are due and have not been paid.
9. After demand by Plaintiff, Defendants have failed to pay said installments of principal
and interest and has to date failed to cure such default.
10. As per the terms of the Mortgage, upon default and failure to cure such default after
notice, the whole of the principal, interest and late charges due thereunder are collectable forthwith.
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11. The following amounts are due on said Mortgage:
Principal balance
$38,136.04
Interest as of 04/26/01 with a continuing
interest per diem amount of $10.91 as per
the terms of the Mortgage
635.38
Attorney Fees of 15% as per Note
(only actual attorney fees not exceeding
15% will be collected at the time of
reinstatement/payoff)
5,815.71
TOTAL
$44,587.13
12. Plaintiff demands judgment for the amount due and for foreclosure and sale of the
mortgaged property.
WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the
Defendants for foreclosure and sale of the mortgaged property and in the amount of Forty Four
Thousand Five Hundred Eighty Seven Dollars and Thirteen Cents ($44,587.13) with interest
continuing from Apri126, 2001 at the Contract per diem amount of $10.91, costs of suit and for any
and all other relief as the Court deems appropriate.
LINTON, DI :rASIa, ADAMS & KAUFFMAN, P.C.
j
By: Anthony R. Distasi
Attorney for Plaintiff
Pursuant to the Fair Debt Collection Practices Act, 15 V.S.C. ~1692 et seq. (1977), Defeodant(s) may dispute the validity of
the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel
for Plaintiff will obtain aod provide Defendant(s) with written verification thereof: otherwise, the debt will be asswned to be
valid by us. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will seud
Defendant(s) came and address of the original creditor if different from above.
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OPEN-END LINE Of CREDIt' MOR1GAGE
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THrs MORTGAGE SECURES BOTH PRl!SENT AND FUTURS ADVANCES WHlCH ntE MORTGAGER
MAY MAKE TO THE MORTGAGOR. MORTGAGOR'S INTEREST RATE MAY VARY FROM TIME TO TIME:
This Mongage made the - 6th d,!yof November 1992. by
DARWIN GIRARD CHILCOTE AND JUDITH J. CHILCOTE .
(whether one or more the ~Mongagor") to Hamilton Bank, a banking corporation organiled u~r the law of the Commonwealth or Pennsylwnb
(thc "Morlg.1geen), with its main office at 100 NOTlh Queen Street, Lancaster, Pennsylvania 17Ji04.
1. PROPERTY MORTGAGE.D. Mongagor hereby grants and conveys to Mongagee: AU the lot(s) or p~s) of g~nd, situated in the County
of CUMBERLAND , State of PENNSYL VANIA , more specifically descdbed in Exhibit" A"
anached hereto and made a part hereof (referred to as the "Properry"). The Pmpeny Includes: (a) the land. (b) all buildtngs or other structUres
that are now or later located on the land, (c) alt fixtures that are now or l:uer attached to the land or -any building. (d) aU proceeds flOm the
condemnation (taking) of all or part of the Property, (e) any insurance proceeds for damage [0 or destruction of the ProperlY, and (f) aU other
legal rights that Mortgagor has, or will h:tve, as owner of the Property.
2. MORTGAGE LOAN AND FUTURE ADVANCES. This Mortgage secures all Mortgagor's obligations uader a REVOLVING CREDIT
AGREEMENT dated November 6, )9 92 (referred to as the ~Agreement"). The Agreement's terms are Incorponated
Into this MOrigage. Under the Agreement, Mortgagee has 3gieed to make advances to Mortgagor from time 10 time up to a credit limit of
EIGHTY TIlOUSAND AND 00/100 ************************************ Dollars ($ 80,000.00 ).
This Morfgage seCUres all present and (ulure advances made by Mortgagee 10 Mortgagor. The lien of furore advances up-to the Mortgagor's credtt
limit shall relate back to the date of this Mortgage. Mortgagor and Mortgagee agree that full repayment of sums outStanding at any time under
the Agreement shall not extinguish the Agreement or the security of this Mortgage for future advances $0 long as Mongagor is still entitled at
the time of borrowing to such future advances. Shouk! any advances hereunder be deemed to be non-obligalory such advam:e is sulllo be deemed
10 be secured by this Mortgage. Upon cancellation of [he Agreement and the payment by Mortgagor of all amount$ due, Mortgagee will terminate
aod cancel this Mortgage lit Mongagor's expense.
3. MORTGAGEE'S RiGHTS. By giving this Mortgage, Mortgagor gives to Mongagee all the rights set fonh in this Mongage and the Agreement.
along with any other rights which the Mortllagee has under law. If Mortgagor fails to carry out Its obligations under this Mortgage or the Agreement,
ot if any action is begun that ma[erlally affects Mortgagee's interest in the Property, then Mongagee may ;It its option, with notice to Mortgagor,
make appea\'3nce~ disburse. 1\1UI~Y, Il\dudlllg re:asollahle attorney's fees, and lake whatever action Is necessary to proteCt Mortgagee's interest
Any amounts spent by Mortgagee shall be added to Mortgagor's principal Indebtedness secured by this Mortgage and interest shall be accrued
thereon.
4. MOIrrGAGOR'S PROMISES. Until the earlier of either notice as prescribed by taw front Mortg:JgOr Ilmltlng k1debtedness hereunder and ~
Mortgagee from lis obliga[ion to make advances or the Agreement is terminated as provided therein; and until the obligation and all other sums
secured by this Mortgage are paid in full, Mongagor (and if more rhan one, Jointly and severnlly) covenants and agrees with the Mongagee as
follows:
a Mortgage and Agreement Mongagor will comply with 311 the terms of this Mongage and the Ag~t, Including making all payrnenrs
required by tbe Agreement, thls Mortgage and any other obligation of Mortgagor secured hereby. .
b. Taxes and Other Charges. Mortgagor will pay all taxes, water, and sewer charges. assessments, and all other charges made against the Property
before interest begins to accrue thereon. Mortgagor wilt provide Mortgagee with satisfactory proof of payment upon request
c. Insurance. Mortgagor will maintain lnsurnnce on lhe propeny. The type and amount of insurance, as well as the company, poIfcy. and ootlce
and cancellation clauses musl be acceptable to Mortgagee. Mortgagor will provide Mongagee with certifiCates of such insurnnce, along with proof
that the premium has been paid Mongagor wll1lmmedlatcly notify Mortgagee of any loss or damage to the Propert}', and Mongagee may file
and seltle the claim qn Mortgagor's behalf If Mongagor does not do so promptly. Allinsurnnce payments must be payable to Ihe Mortgagee under
a ~standard mongage clause- in the policies. Mortgagee may either (1) repair and restore the damage to the Property or (2) apply the proceeds
to any amounts due under the Agreement and this Mortgage and pay any excess to Mortgagor. Mortgager must continue to make the payments
due under the Agreement and this Mortgage following loss or damage to the Property. .
d. Repairs and Maintenance. Mortgagor wlll do all necessary repairs and maintenance to keep the Property in good. repair. Unless the prior
written consent of Mortgagee Is obtained, Mortgagor will not abandon, alter, demolish, or add to the Pro~tty. Mongagee may inspect the Property
:It all reasonable rimes.
e. lawful Use. Mongagor will not use Ihe property II) a way that violates any law, ordinance, or other requirements of any government
authority. _ ,
f. Eminent Domain. Mortgagor will promptly notify Mortgagee if Mortgagor re<:eives a notice of taking by elOinent domain. If the taking
occurs. any compensation will be paid to Mortgagee. subject to the rights of any prior lenders. . ,
g. Olher Mortgages or Liens. Mortgagor w:lll make all paymenrs and perform all other obligations contllned in any other lOortgage or lien
on Ihe Property. Mongagor will not change any term of any prior mortgage or other lien on the Property. Mortgagor .will nOI create or perrnJt
creation of any additional mortgage, liens, or otlter interest In the Property wtthouc: the pr{or written consent of Mortgagee. ._ \
h. Additional Documents. Upon request, Mortgagor will sign any documents or statements required by Mortgagee to protecJ: Mortgagee'1i \
Imerest under this Mortgage. Monlfolgor win pay the cost fOf recording Of nUng such documents. I.....'
i. NOIice of Defaulr. If Mortgagor receives II nOllce from the holder of any other mortgage or lien on the propeny declaring thaI Mortgagor
Is in default, Mortgagor will promptly notify Mortgagee. .
j. Ownership. Mmtgago( warr-J.nts tllle to the Property. Mongagor wUl defend the title to the Propert"1 agatnst all claims. The Property Is \ \
unencumbered, excepl for encumbnances of record which have been disclosed 10 Mortgagee by Mortgagor. . -. \ \
5. DEFAULT. Mortgagor win be In defauh of the Agreement and this ~Ortgage if one. or more.of the following ClCCtlr: (1) Mortgagor commiued - I.
fraud or made any material misrepresentation to Mortgagee in Mortgagor~ loan application or otherwise; (b) Mortgagor does not make any required
paymem under 'he Agreement; (c) Mortgagor acts or fails '0 ac,ln such a way that adversely affects rhe Property or Mortgagee's rights under .. \ I
this Mortgage; (d) Mortgagor conveys tire p~rty without the prior written consent of Mortgagee which consent Mortpgee reserves the tight i' 'I
to 6.e~l~~o:J~ ~~ e~~JfD~~~~T~~~~~de~~U~~e:!~::::~~~~~med1alelY pay an unP2ld prlnd~ interest, ~her am~ts due.under the "!-
Agreement and this Mortgage, and Mongagcc's costs of coltection and reasonable attomey's fees. , ' . '.)
7. RIGHTS UPON DEFAULT, Upon default, Mortgagee lOay do one or more of.the follow:lng: (a) Stan a coiln action, known as roreclosure. whiCh.. .;, i
will f\.'Sl.'Ilt in a sale of tbe Piopeny 10 )YAy Mortgagor's ohligaUons under the Agreement and this Mortpge, (b) 13ke possession or and manage ." \
the Property; (c) Sue Mortg..gor fur any amount not paid 10 MonSllBce from the sale of Ihe PropertYi or (d) Pursue any other righrs available. !.' \
under Ihis MOT[gugc or :lpplkahle law. I
8. NON-WAIVER. CUMULATIVE REMEDIES. Mor1g3gt."C may exercise one or more of tcs remedtes under che Agreement. chis Mortga~.or as. 'i':
otherwise permlued hy Jaw, Individually or al ,he same lime. Mortgagee's failure 10 enforce any righls or pursue any remedy availahle under "._
the A.~recR\el\t or this Mortgage shall not be considered a w;uver of any of Mortgagee's rights qr remedies at a later time. . ,. l "
9. PARTiES BOUND. The Agreement and rhls Mongage are legally binding upon the Mongagor and any person who succeeds to the Mort83kOr's . ': t
legal rcsponsihilities. This Mnrlgagc shall Inure to the benefit of Mong:iC~ its successors and assigns. , ~ \ 1\
IN WITNESS WllEREOF, Mon8:lgor, intending to be legally hound, h:Js C-JUSl.'lIlbis Mongagc to be duly executed. Mortgagor ac:knowIedges receipt ! ~
tJ;::lfUC CJ:::ZPy' of ,this Mo g~. . '1f2 . ~. > 11"'," > l1:1\' ~' /~' ,
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DAAwIN GIRARD CHILCOTE JUDITH . CHILCOTE . '1. ,.;':' I'
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INDIVIDUAL ACKNOWLI!DGMENT
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COMMONWEALTI-l OF PENNSYLVANIA
COUN1Y OF DA<f"-'.J "';.
~ On ~hfs, Ih~ .. n . .. je,~_._ \fffl,\.;dar of ~o~, I' '\i:., before me, the ~:~gned offker, personally appeared
,~IN {g,.~ '-^' :t .::Ju.i>1na. A-.CnIILG1E.
known to me (or sall$faC1o,",ly proven I die persons whose names.44li;
subscribed 10 the within Mortgage and acknowledged that -ts.t,..l..te, . , executed
the same for the ptlfposes Iherein contained. and desire the Sa:i1fe to 6e recorded as such.
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My commission expires:
N_Se8l I'Ll>lD
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H_'o~.""231!l93
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M_I'er1nS'JiVMaI'.",oo.u<>ncl'!o'at'S3
roaPORATE ACKNOWLEDGMENT
day of
~ 19
. before me, the undetsIgned offJcer, pet.SOf1llIJy appeared
who acknowledged himself to be the
or
. a corporation, and that he as such
.ct _ . being authorized to do so. execuled Ihe
foregoly ~nga~f the purposes therein conlalned by signing the name of the corporation by himself as
0-::0>-
UJ ImJI'Itftes.s Wflereof, I hereunto set my hand and offldal seal
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MORTGAGE,
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HAMILTON BANK
11-6.J12..
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LVANI~ . . ,..'
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..... ;ECOR"D~[r'~; this I () day of ~W ':1 ' 19 ~~ Jhe Offke of Ibe Recorder of DeedJ in and f'or aaJd County,
In Mon.... _k I \ "" Vol - .... (7<l/S
Given under .ny band aheTicaI of office, the date above wrlhen. . .
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BooK1100 'PAGE 239
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. PA132)'
Consumer Credit Department
PO Box 7558
Philadelphia, PA 19101-7558
800444-4212
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November 13, 2000
Darwin G Chilcote
219 N 26th Street
c;:amp Hill, PA 17011
4386542210597586
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is.an official notice that the mortaaae on your home is in default. and the lender
intends to foreclose. Soecific information about the nature of the default is orovided in the
attached oaaes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to
helD to save your home. This Notice exolains how the oroaram works.
To see if HEMAP can helD. yOU must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DA YS OF THEDA TE OF THIS NOTICE Take this Notice with you
when you meet with the Counselina Aaency.
The name. address and ohone number of Consumer Credit Counselina Aaencies seN/na
your County are listed at the end of this Notice. If you have any auestions. you may call the
Pennsylvania Housina Finance Aaencv toll free at 1-800342-2397. (Persons with imoaired
hearino 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
CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FIANANCE
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 SAL VA SU
CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA.
Ad. 912000 front page.doc
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Darwin G Chilcote November 13, 2000
HOMEOWNER'S NAME (S): Darwin G Chilcote
PROPERTY ADDRESS: 219 N 26th Street
Camp Hill, PA 17011
LOAN ACCT. NO.#: 43865422 1059 7586
ORIGINAL LENDER: FIRST UNION BANK
CURRENT LENDER/SERVICER: FIRST UNION BANK
EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM
YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PA YMENTS.
IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MA Y BE ELIGIBLE FOR EMERENCY MORTGAGE
ASSISTANCE:
. IF YOUR DEFAUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE
PA YMENTS AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STA Y OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face -to- face" meeting with one of the
customer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DA YS. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTHAGE UP
TO DATE THE PART OF THIS NOTlCI!E CALLED "HOW TO CURE YOUR MORTGAGE
DEFAUL T". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names. addresses and
teleohone numbers of desianated consumer credit counselina aaencies for the county in
which the orooertv 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 immediatelv of your intentions.
Act 91 2000 input.doc
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November 13, 2000
APPUCA TION 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 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 fact-to-face
meeting.
YOU MUST FILE YOUR APPLlCA TION PROMPTL Y. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR.
APPLlCA TION 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 six (60) days to make a decision after it
receives your application. During that time, no foreclosure proceeding 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 CURRENTL Y PROTECTED BY THE FlUNG OF A PETITION IN
BLANKRUPTCY, 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 DEFAUL T fBrina it UD to date.J
NA TURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your
property located at: 219 N 26th Street Camp Hill, PA 17011
IS SERIOUSLY IN DEFAUL T because:
Ad 91 2000 input.doc
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November 13,2000.
A. yOU HA VE NOT MADE MONTHL Y MORTGAGE PA YMENTS for the following months
and the following amounts are now past due:
Other
$0.00
Charges
$2895.66
TOTAL
$3609.63 July 2000 Through October 2000
AMOUNT PAST
yOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAUL T - You may cure the default within THIRTY (30) DA YS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $2895.66, PLUS ANY MORTGAGE PA YMENT AND LATE CHARGERS WHICH
BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Pavments must be made either
bv cash. cashiers check. certified check or monev order made Davable and sent to:
B. You can cure any other default by taken the following action within THIRTY (30) DA YS of
the date of this letter. (Do not use if not applicable.) N/A
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30)
DA YS of the date of this Notice, the lender intends to exercise its riGhts to accelerate the
mortGaae 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)
DA YS, the lender also intends to instruct its attorneys to start legal action to foreclose UDon
vour mortGaGed DroDertv.
IF THE MORTGAGE IS FORECLOSED UPON- 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 lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney's fee 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 $50.00.
Ad 91 2000,nput.doc
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Any attorney's fee will be added to the amount you owe the lender, which may also include
other r$asonable costs. If vou cure the default within the THIRTY (30) DA Y Deriod. YOU will
not be reauired to Dav attomev's fees.
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THEDEFAUL T PRIOR TO SHERIFF'S SALE-If you have not cured
the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun,
yOU still have the riaht to cure the default and Drevent the sale at any time UD to one hour
before Sheriff's Sale. You may do so bv Davina the total amount then Dast due. alus any
late or other charoes then due. reasonable attomev's fees and cost connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as sDecified in
writina bv the lender and bv Derforrnina any other, reauirememts under the mortaaCle.
Curing your default in the manner set forth in this notice will restore your mortgage
to the same position as if you hatJ never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DA TE-It is estimated that the earliest date that
such a Sheriff's Sale ofthe mortgaged property could be held would be approximately SIX
@Lmonths from the date of this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what the required
payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
First Union National Bank
PA1327
Consumer Credit Department
123 South Broad Street
Philadelphia, PA 19109
1-800-444-4212 Ext. 3344
Address:
Phone Number:
Fax Number:
1-215-985-8291
Contact Person:
Walter J Hart
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in
the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE. You mayor _X_ may not {CHECK ONE) ~ell
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.
Act 91 2000 input. doc
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Darwin G Chilcote
November 13, 2000
YOU MA Y ALSO HA VE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE
DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y
OFF THIS DEBT
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
· TO HA VE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO
DEFAUL T HAD OCCURRED, IF YOU CURE THE DEFAUL T (HOWEVER, YOU DO
NOT HAVE THIS RIGTH 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 MA Y HA VETO SUCH
ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
rJ~~
Walter J Hart
CONSUMER CREDIT DEPARTMENT
1-800-444-4212 EXT. 3344
WJH/dyp
Act 91 2000 jnput.~
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Consumer Credit Counselino Aoencv
Notification To:
Date:
Name of Mortgagee:
Address:
In accordance with the Pennsylvania Homeowners Emergency Mortgage Assistance
Program (Act 91 of 1983). we have been approached for mortgage counseling assistance by:
Name of Applicant:
Address
Telephone
Mortgage Loan Number
Address of property on which mortgage is in default
If different from above.
The counseling agency met with the above name applicant on
Date
WIlo have indicated that they are more than sixty (60 days delinquent on their mortgage payments
and have received notification to foreclose from
FIRST UNION NA T10NAL BANK
CONSUMER CREDIT DEPARTMENT
PA 1327
123 SOUTH BROAD STREET
PHILADELPHIA, PA 19109
In accordance with the Homeowner's Emergency Mortgage Assistance Program. this is to inform you
that:
1. If the delinquency cannot be resolved within 30 days forbearance period as provided by law. the
applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. By a copy of this Notice, we are notifying all other mortgagees, if any. which the applicant has
indicated as also having a mortgage on the property identified above.
3. It is our understanding that the 30 days forbearance period in which we are now in ends on
4. No legal action to enforce the mortgage may occur during this forbearance period, unless
procedural time limits were not met by the homeowner.
PENNSYL VANIA BULLETIN VOL. 29. NO.23 JUNE 5, 1999
At'f 91 2000 .ppendix.t1oc
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C Complete items 1 and/or 2 for additional &a1ViC8S.
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C Print yout name and address on the reverse of this form so that we can relum this
card to you. ,
C Attach this form to the front of the mailpiece. or on the back if SP8CE:;dS not
permit, -- -",
C Write 'Retum Receipt Requested' on the maitpleC8 below the article humber.
C The Return Receipt will show to whom the article was delivered and the dale
delivered.
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Philadelphia, PA 19101-7558
800 444-4212
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November 13, 2000
Judith G Chilcote
219 N 26th Street
Camp Hill, PA 17011
4386542210597586
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortaaae on your home is in default. and the lender
intends to foreclose. SDecific information about the nature orthe default is erovided in the
attached Daaes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPJ may be able to
he/e to save your home. This Notice exe/ains how the eroaram works.
To see if HEMAP can helD. 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 Counselina Aaencv.
The name. address and Dhone number of Consumer Credit Counselina Aaencies seNina
your County are listed at the end of this Notice. If YOU haveanv auestions, yOU may call the
Pennsylvania Housina Finance Aaency toll free at 1-800 342-2397. (Persons with imDaired
hearina 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 attomey in your area. The local bar association may be
able to help you find a lawyer.
LA NOTlFICACION 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 (PENNSYL VANIA HOUSING FIANANCE
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 SAL VA SU
CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA.
Act 912000 frtInt page.ctoc:
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November 13, 2000
HOMEOWNER'S NAME (S):
PROPERTY ADDRESS:
Judith G Chi/cote
LOAN ACCT. NO.#:
219 N 26th Street
Camp Hill, PA 17011
43865422 1059 7586
ORIGINAL LENDER:
FIRST UNION BANK
CURRENT LENDER/SERVICER:
FIRST UNION BANK
EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM
YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PA YMENTS.
IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MA Y BE ELIGIBLE FOR EMERENCY MORTGAGE
ASSISTANCE:
e IF YOUR DEFAUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
e IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE
PA YMENTS AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STA Y OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
. During that time you must arrange and attend a "face -to- face" meeting with one of the
customer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DA YS. IF YOU DO NOT APPL Y FOR
EMERGENCY MORtGAGE ASSISTANCE. . YOU MUST BRINGYOURMDRTHAGE UP
TO DATE THE PART OF THIS NOTICE CALLED "HOWTO CURE YOUR MORTGAGE
DEFAUL 1"'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DA TE.
CONSUMER CREDIT COUNSELING A.GENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names. addresses and
teleahone numbers of desionated consumer credit counsel/no acencies for the county in
which the orooertv 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 immediatelv of your intentions.
Act 91 2000 input.doc
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4386542210597586
November 13,2000
APPLlCA TION 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 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 fact-ta-face
meeting.
YOU MUST FILE YOUR APPLlCA TION PROMPTL Y. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR
APPLlCA TlON 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 six (60) days to make a decision after it
receives your application. During that time, no foreclosure proceeding 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
BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORM A TlON
PURPOSES ONL Y 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 (Brina it UD to date.)
NA TURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your
property located at: 219 N 26th Street Camp Hill, PA 17011
IS SERIOUSL Y IN DEFAULT because:
Act 91 2000 input. doc
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Judith G Chilcote
November 13, 2000
A. YOU HA VE NOT MADE MONTHL Y MORTGAGE PA YMENTS for the following months
and the following amounts are now past due:
Other
$0.00
Charges
$2895.66
TOTAL
$3609.63 July 2000 Through October 2000
AMOUNT PAST
YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DA YS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE tENDER,
WHICH IS $2895.66, PLUS ANY MORTGAGE PA YMENT AND LATE CHARGERS WHICH
BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Payments must. be made either
bv cash. cashier's check. certified check or money order made oavable and sent to:
B. You can cure any other default by taken the following action within THIRTY (30) DA YS of
the date of this letter: (Do not use if not applicable.) N/A
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30)
DA YS of the date of this Notice, the lender intends to exercise its riahts to accelerate the
mortaaae 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)
DA YS, the lender also intends to instruct its attorneys to start legal action to foreclose uoon
vour mortaaaed orooertv.
IF THE MORTGAGE IS FORECLOSED UPON-. 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 lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney's fee 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.
Ad 91 2000 input. dOc
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November 13, 2000
Any attorney's fee will be added to the amount you owe the lender, which may also include
other reasonable costs. If vou cure the default within the THIRTY (30) DA Y Deriod, vou will
not be reauired to Dav attorney's fees.
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured
the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun,
YOU still have the riaht to cure the default and orevent the sale at any time UD to one hour
before Sheriff's Sale.; You may do sobv Davina the total amount then Dast due. Dlus anv
late or other charaes then due, reasonable attornev's fees and cost connected with the
foreclosufesale and anv othei; costs connected with the Sheriff's Sale as sDecified in
writina bv the lender and bv oeTformirla anv other reauirements under the mortaaae. .
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 POSSIBL.E SHERIFPS SALE DA TE-It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX
oo...months from the, date of this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait.. You may find out at any time exactly what the required
payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Fax Number:
First Union National Bank
PA1327
Consumer Credit Department
123 South Broad Street
Philadelphia, PA 19109
1-800-444-4212 Ext. 3344
1-215-985-8291
Name of Lender:
Address:
Phone Number:
Contact Person:
Walter J Hart
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you cO'!ti~ue to live in
the property after the Sheriff's Sale, a lawsuit to remove you and your furnlshmgs and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE. You mayor _X_ rnay noUCHECK ONE) ~ell
or transfer your home to a buyer or transferee who will assume the mortgage debt, provided
that all the outstanding payments, charges and attomey's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied.
Act 91 2000 input. doc
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Judith G Chilcote
November 13, 2000
YOU MA Y ALSO HA VE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE
DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y
OFF THIS DEBT.
. TO HA VE THIS DEFAUL T CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HA VE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGTH 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 BEUEVE YOU MA Y HA VE TO SUCH
ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
'fJ~
Walter J Hart
CONSUMER CREDIT DEPARTMENT
1-800-444-4212 EXT. 3344
WJH/dyp
At:I91 2000 input.doc
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Consumer Credit Counselina Aaencv
Notification To:
Date:
Name of Mortgagee:
Address:
In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance
Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by:
.
Name of Applicant:
Address
Telephone
Mortgage Loan Number
Address of property on which mortgage is in default
If different from above.
The counseling agency met with the above name applicant on
Date
Who have indicated that they are more than sixty (60 days delinquent on their mortgage payments
and have received notification to foreclose from
FIRST UNION NA T10NAL BANK
CONSUMER CREDIT DEPARTMENT
PA 1327
123 SOUTH BROAD STREET
PHILADELPHIA, PA 19109
In accordance with the Homeowner's Emergency Mortgage Assistance Program. this is to inform you
that:
1. If the delinquency cannot be resolved within 30 days forbearance period as provided by law, the
applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. Bya copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has
indicated as also having a mortgage on the property identified above.
3. It is our understanding that the 30 days forbearance period in which we are now in ends on
4. No legal action to enforce the mortgage may occur during this forbearance period, unless
procedural time limits were not met by the homeowner.
PENNSYLVANIA BULLETIN VOL 29. NO.23 JUNE 5, 1999
Ac. 91 2000 .ppenrJix.rJoc
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STATEMENTS OF POLICY
Name of Counseling
Agency'
Signer and
Title
Telephone
Number
Address
ACIt1 2OOO~.dIC
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. Complete items 1, 2, and 3. Also complete
- ilem 4 if Restricted Delivery is desired.
. I'>rint your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space pennits.
1. Article Addressed to:
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Darwin G .Chilcote
219 N 26th Street
Camp Hill, P A 17011
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3. Service Type
[:J Certified Mall [:J Express Mall
[:J Registered [:J Return Receipt for M ..
[:J Insured Mall . [:J C.O.D. -
4. Restricted Delivery? (Extra Fee)
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2. icle Number (Copy from service ~
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PS Form 3811, July 1999
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Domestic Return Receipt
· ~mplete items 1,2, and 3. Also complete
ilS.71 4 if Restricted Delivery is desired
· Pnnt your name and address on the ";'erse
so that we can retum the Card to you
· Attach this card to the back of the ~I .
or on the front if space permits. piece,
1. Article Addressed to:
Judith G Chilcote
219 N 26th Street
Camp HiD,PA 17011
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3. Service Type
[:J Certified Mall [:J Express Mall
'[:JO Registered CJ Return Receipt for Merchandise'
Insured Mall [:J C.O.D. . " ...'c,
4. Restricted De/ivery? (Extra Fee)
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o Complete items 1 and/or 2 for additional services,
Complete items 3, 4a, and 4b.
C Print your name and address on the reverse of this form so that we can return this
card to you. . 4
o Attach this lorm to the front of the mailpiece, or on the back if space does not
permit.
C Write "Retum Recaipt Requested. on the mailpiece below the article number.
s:: 0 The Return Receipt will show to whom the artide was delivered and fhe date
o delivered.
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I also wish to receive the follow.
ing services (for an extra fee):
1. ~ssee's Addres~
2.~elivery
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4b. Service Type
o Registered
o Express Mail
o Return Receipt for Me
7. Date at Delivery
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8. Addressee's Address~ a,nd
fee is paid) ~/
102595.99.8-0223
Domestic Return Receipt
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VERIFICATION
The undersigned, having read the attached, hereby verifies that the within pleading is based
upon information furnished to counsel, which information has been gathered by counsel in the course
in this lawsuit. The language of the pleading is that of counsel and not of the signer. The signer
verifies that she/he has read the within pleading and that it is true and correct to the best of the signer's
information and belief. To the extent that the contents of the pleading are that of counsel, the signer
has relied upon counsel in taking this Verification.
I, Patricia Kerrane, hereby verify that I am an Assistant Vice President of First Union
National Bank, that I am authorized to make this verification on its behalf and that the facts set forth in
the within Instrument are true and correct to the best of my knowledge, information and belief and that
the same are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to
authorities .
Date:
PATRICIA KE
Re: Darwin and Judith Chilcote
Loan No. 4386542210597586
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