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HomeMy WebLinkAbout01-03081 -,~>'"""",,",,,-= "~..",-,",_~l,_,_~ dill;J "=.~ ~,~ I; "I ~. < ' ..; -~', , , 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 " ._~ ........~ I. i: , ~ I -' l'l"_h 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: w~ i' :I~- '-IE-,' ~ ~.." L --", ~ ~ ,- ~ 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. . ,~ ,,"""-> loIi<!!"""'--i -........""""-"h .J L '...J~. -. ~'''~m 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. ~~j' ":w' ~""'llIlin' =-- '"\lOlI'lllIli'"ci ~-~ ~~... """"" - ~j ~ '" "~...J~ l' ~~,"",,,,,"_~,-_'_"'f,,-,.,,,",,:,,,,,_~ ,. . ";~:lI{?~:'>: .:,:~{,,~{ f ^, ~ ..... '" .' ,:, . . ..' ..,'; '.,'-. ".- '.\ ,. ..' . ~ - .. 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 ~. (Seal) \K ,~,.~~~~it1 \i~,i:I~(~ "~ D . CHILCOTE ,\ ,iJ" ~4 {.' (Seal) bOOll1100 f~ ~~fJ8 (SeaI)_L . - --- . RECORDER'S OFF'f':f. 220-01-12.1 {RUV Ot/~ll ,U >~ ~ 1",1, i.""""",1 -. < ,-~ ~ ' ~~''''''l ~'~ ...."~~.\!liI'!;I\"~--i :." ".' . '. ...;' ~. ~'- . [ ". >.~i;:i~:~f::_'; I '" ,,'~'::~'~~!i~'''' , ,tf,1. ... .. ;.~i~J~~::~ . , ',I'.": ~ _.'. ','-'. F' '{; ";,"," : :,: .' '~'~ "~ . , ...~:. . .", .' '.' l ' \.::" ., ,.-:': . . .' ,.: ;, , ."i ' ~'.1 .. . '. C';* , .t-;. I,' ."":". . 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. ~~n'h..~ ''''''., ':~:"'.'~~l~~.",,, . ,'" I ~;~~r~ ..; ...._... _.... ~ '.. ,jl.l"'~'~',. mcu'" ~ \::". "'~ .............."........"....."..~~.hbti~..............".................... My commlsslOR exptres: . No1arI>ISeBI ~~~= MyCcmmi>oloo.,.....Aug.~ 1993 ~,~1aAz::cdi?llonoll'l:1.at!93 CORPORATE ACKNOWLEDGMENT darof ',19 , 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 . - tu:<~ ..-t. . (:'0::;) ~~!u...o e: I~JOO a: c.:n::~ t.- W <( cr:"'-, 1.l.1~O:: "'0'" 0.,,'" o:::~::::. ::> c.:) ". " ...................................Not;;;y.PUbik........................-........... c:> .-i ' ::::>' =, :z: , N en My commissIOn expires: MORTGAGE ~iN G:.il2ALj) Chilc.o~ ~ ~"i.w...5:d-.il~ TO HAMILTON BANK lI-b-'1z.. 00......................................... . eo~O..,- . Amount ...".......1-....""."""..."....."............. ~ANl(l.., \ . . . , -.' \l(\\\~f1Q .' . .., .;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~""":""""" 5oN.?,"" S4)~, ~nfog- ...........~...... ........~..~'." " ...,~I:..:~.:,~...,':.;,\I;:;;.il:,; , ~ Attorney fur Mortpsee iL'" l Jj~J\' ~':~h~~~ BOOK1100'P^GE 299 ' '.. i ", ,"""'I.,""!!,,y-! ~,~, . .'.~ll.j, ','~. \~ .~ I"., . f ,N~ . 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 _.~ ~ . ~ L' 'I ; ,LI.... ~~:,,,~ ,-., lldm,'C' '2 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 " .,- L,~. "' " . .~ I j -, I, ' -\ ~ >.I1f\""'~;;;.Wtil" "3 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;' Act 91 2000 input.doc , .d ~ "' ' ,-" ..." '" ~ ~. , I ~Li L~.. ~ ."~ "'~ -0 ,,' '4 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 $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 j ", 1 '- ~ " .'1. .ll '~^,",~",'.,.;, '5 Darwin G Chilcote 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 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. Ad912000input.cIoc ''''''''''''---L .",1 IJ . , ,_ ..,L' . <" " . - .>L,,~;, . '6 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 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 Act 91 2000 input.doc r ~,..----.- , L J= """"- IJ I, .1 ~ ~ L -- ,-'- . 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 Act" 2000 .ppediuJOC w_......... ~ I" ."-~ II'L' '.1 --." . I . STA TEMENTS OF POLICY Name of Counseling Agency' Signer and Title Telephone Number Address Aef., ZOOO~,doe ,d..~ ~ . '> -. '."'11"'- .,,,',~.,.~~-~~ '''- l"",,~ ~ ~d_.. "~ _, ...._, ,-- ~,..\-" '":~;~..llT 1: "~"--,';.'" ~ ....:,.. >",",. -' ~\_~.': '; -. -, _ "I , ~':;!i<<i/.f.~qi:JJ~,~,'l;J.', .4!....P1':,.i,.-..\-li,. ..;.;...'("." .,. '."-~"'.' .. .-., (--; ,.... '; -:, ~ , , --',,::':", .;:; '. , '1""",,";Ii,..,),. .~-1.J~i~-~ . ", :.~-:>. .'.~; .;~ ".'I:"{" - '.;- ,I" ,.. .... .' ~ : .;,l,-~ ',,~: "j',,' ... CD " OJ ~ CD " ii ~ CD :S SENDER: ."~ I......;.L....._. ~ i~ I also wish to receive the follQw- ing services (for an extra fee): C Complete Ite,ms 1 and/or 2 for additional sarvices. CompJet,iems 3. 48, and 4b. C Print yollt name and address on the reverse of this form so that we can retum this card to you. C Attach this form to the front of the mailplece, or on the back if spavctS nol permit. -. ~! C Write -Retum Receipt Requested" on the mailpiece below the artide number. s:: C The Retum Receipt will show to whom the article was delivered and the dale o delivered. i 3. Article Addressed to: /7 /Y / / -A- ~ D~'~:~ g # 17 /1. t2b l!1.- 51- "l ~ :"~' ',)~" ::~::>.",:,;-:..; ?:' ~'l ... ~ ::l o .. .!!! SUQlpnJlSUj JOj. aSJalleH aeS aooe:: AJI:l'nJqa::l '008E UUO:J Sd ----~--~~---~~~.--~-._-.-..___.......!:!.tJ.i!_:!!'!!!:~ I --.); C' C c'. . C. In ru C I C' C' ru C In In ~ In' ~ ru ""' D> -...~---..._-...._....~....-.~---_.__":"l!.r!.._'!!'.!!l!!..~.!!!!.'!.t!.!!.1!!!.!! (.l8I1BU/ Aq pa,a,dwo:J eq oJ.) (AI/Ba,:') ,uPd 8SB81d} fJWI1N s JUfJld :JfJ1:J $ 889:1We88JSOc1IlqO,L (paI!nb&l:f loowes.roPLg) 88:l A.I&^!ISa P&P!4S&1:I Ql9H (paJlnbel:llUeW&SlopU3) >JlBU4Sod &e:Jldl&::le1:IwOl&l:f ee:l P8flflJ&O $ eBlIlsod "iij :ii. ,,~ CD~ ;:2 .- Q. 1::" CIlij' 0- CD B"'~ .~ 0 () "-CD en_u - 0." ,!!!.- !!! ~CIl::l o(.)~ a.. CD.5 ~a:~ " l!! !l! e CD \' " ~ I ~ " ~ m ... ... " '8 L g " .e .. ~ "- ~'O . E N ~ .~ ~ ..Ii! m .S! .. m f:il ~ 1: m '" 0> .. .. ... 55~ ~ ~ ~ . '" m -ii m .g ~ .. _0 ~ '-'~ m .~ " .~Gf ~~ m 0 CD 0 0'" '" ~ '" !l ~ " .0 0 " 15 m '0 0 '8 "''' .l!:il "- 'li , 15 J!! .. ~ m " " E E -' r " " = '0 .. .... ~ s ,,- '" 'E '" 00 . e . m ;!~ ~~ ~ I om Iii 0 0 m bl" m 0'" "- "- " '" "- S66~ I~dv '008& WJo~ Sd. , ! -gr'~' . ?"-\~ i:r..".., ~' " 'iil II CD: a: I' ~t CD' a: " ~I ]il ~j . ";i 01 ;1 1:; Yi.}II" (,:--.: Domestic Return R6f"(9ipt ; " 1.~ressee's Address 2. 0 R . ed Delivery 10 40. Article Number / c L.- . :J / - () 7- 6 c.r Z- 4b. Service Type o Registered o Express Mail o Return Receipt for Merc 7. Date of Delivery 8. Addressee's Address fee is paid) 1 Q2595-99-e..0223 , "--.-------- ,,~I:-" ,/\'~;1~-~.. ,. +t!!i'alBJS_~9. SUOlpnJlSUI JOI aSJaAal::l aas DOOe:: AJE?nJqa;;l 'oom~ LU10::l Sd .otl...~-'!.Q!!.!..'!.!!t!.'1!!!!.1!~ r --.). e C C (/8I1BW ,fq pBl8,dwO:J eq oJ.) (.(JJft~l:,) JU1/d 8SfI61d) .WltH s IUa,d,:JfJlJ ~ ru e Ql9H ""WISOd $ .......0............. (paIlnb&1:IlU&W8SloPLg) 88:lNeA!l9(]pe~1:I (paI1nb&1:IlU8W8Sl0pLg) 88.:1ldl908ij WIll&1:l C C ru c' . - .. " l!! !l! e " " !!? OJ :; ... ... OJ m h " ~ .e 0 ~ ~ ~'O "- $ 'i ~ . " N ~ lD m .. r :E .. m '" 55~ .. m ! .. ~ 'ii t ... ~ '" "6.0 0 ~ Iii m " l! II m > 0 0 " 0 !l ~ ~ 1i! "- ... ~ z - 1i! 0 "'.. ~ m " .. ~ ~ 1ll tl E E Ii ~ ~15 .e " = '0 ~ ao " " ~ ~ '" ." m m ~~ 0 , e dO m ~ "- 00 Iii " '" '" 0 S66 ~ IPdv '008& WJo~ Sd ee.:l peUIlJeo lT1 ~ .Jl - 'iij :ii. "C~ CIl:2 ;e .- Q. 1::" Glij' OlD lD....~ .200 <=-" CD_ u en 0." -ai._ e 1i)Q)::::S 0(.) Q. QI.- 3ctz r- oO "" "" lT1 lT1 N r J'M F~N'I " ~," . r'irst L man .'atlOnal tsanK P A1327 Consumer Credit Department PO Box 7558 Philadelphia, PA 19101-7558 800 444-4212 , I J-~ - '=....=>..", ~ '"", 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 , ~i I' 'I "liI'.I:I ~~ .2 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 ., ~ J ~ I ~ ~.- .-, "''''''::' .3 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 ,j"clll ..... i I ; _I_",~ 'c~ '~, .4 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 -_. .~.o~~ ~, " ,-~ ,.I , '- ~.~ '-""~"""""'''''''''f:' . '5 Judith G Chilcote November 13, 2000 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 ....... ~-. . j . J '< 0'. --" '6 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 Ad 91 2000 input.doc o"""~~.' .... -~ ~~I - .1. "~ ->"'~,,,,," "" .w, . '"" . 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 "'..( L i C' , .1 .~ ~'~~~ , " ~ ~ . STA TEMENTS OF POLICY Name of Counseling Agency' Signer and Title Telephone Number Address Act If ZOOO~.doc ~" ~ "",,,i- :,;?~~~~,:~~~*~~;~\~h\~~~~;!'#';/{;~;~~; . . --' .~;:::.:.~,?}5;/,'JD:/.~ ~;, ;J,;,::::/},/ '. , 'e. 'Io:~ ~\. . 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: ;r~. ;\! 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 CJ Insured Mail CJ C.O.D. - .'", "'d"" 4. Restricted Delivery? (Extra Fee) ,- ,,",,,, n n nl f' Domestic Return Receipt o · 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: .<.-.'. , 'I." ~ . ';o~i.. ." . '"..' .- Judith G Chilcote 219 N 26th Street Camp Hin,PA 17011 QIlllt~_i'f~~gl!158l/ t .. ..~,:-1;--'~1'i't~ 1','.. ",.:tii$" 3. Service Type CJ Certified Mail CJ Express Mail . . CJ Registered CJ Return Receipt for Merchan~;.. CJ InsUred Mali CJ C.O.D. ".C,._ 4. Restricted Oe/ivery? (Extta Fee) ." o Yes . '~9J.~;: ,-;~~~, .ft;~ ~ .-- '"--------~._------~--_.- >";;.-" ... ~ SENDER: OJ ~ ,. e .. s c: o ." ~ ~ 8 .....--.....-. ....... o Complete items 1 and/or 2 for additional services. 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. 3.Age.Ad~ j/CJ ().~<U- [i- II ( YJII- 4b. Service Type o Registered o Express Mall o R.etum Receipt for Me 7. Date of Delivery q/ B. Addressee's Address~eqU~ I!jfId fee is paid) .~ S \,. / " .. 102595.99-8-0223 Domestic Return Receipt ~ .____r>__. 1-. ~ 1-. _I I "-L; . c 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 ,(.J~"~'Z~)~~ifjj~~MJHdli"~*Y!k{l(oi~;""~.JJlliili4'~~!'",">Ol~'~"'"k''t.''' ',,, ""_'--"""._,_,",?ti':'?';H'-W"i.".;,;".,.":;,';-r"""""-~i:!~~/.li:iilll,.~'~lW~~""'~~>OlilW- ~' ~'i!ll1litl!lij~Iilili\IIi!_- "'.~ ~~. i(j -- ~ ~ <:) C) C ~ ck ~ ~ j -";-j ./:: -Ul~:! ~ .:,1 J~'.:.o frt () [1>" -=---:J ~ ~" () . "':. ",j ,', 8 ~~~~ --, :.-"J B B- T " ,-', ""- ~c.J '-~,; tv -n T. f;~1 " ~ I --'- " ,") r \ N <) '1 ~ :'.11 -1~ .=<! ~_:J '0 -< J T I ,,_.. ",~ -ft., ,.. { . '.F' ,.. ~4, t : fi...... . .,lJ ' i 1I,!i ..".}. !~c,:~..:,~ 2001 ; ! ..., .' ','~ "'~~'t<"~lrt -"~'-"" --.,~.__ .-' ~--Jt.:P' ""--... --- ''i:JJ?JU""~,~..,,.,J Ll "J ,~ ,~%~, ,<"""'.~.. A lt~,~,:"~-';l',,,,", _'''''''"_''''''d'''''~_~-,_,,,,,,,, .1,''''. '" ,. <-'._ ". ,<",.,,,, '-,~_ _<. , ~'"'' ,," _ =" ~ -~- . '- ~. ~ ., jrv!li.lil.'fo" 1 d...--.. I' ,I J' ,I,., ~ ,,' 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: r-~-r/<:~ 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 - ~ ~" , = Ij ,.' '._'-H' " 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 . , . :i' 'I: :-1 ~,.I ,~," ~ >"h ..,'-." @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~ ;;;:;'~' ~::;'"' f Sheriff of Dauphin county, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $29.25 PD 06/07/2001 RCPT NO 150768 ,.j I' ,'L I ,_. , . ._1 _ '. U-,- -~'. 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 $ $ I ~ . ~ ,; J : ,;, -.,1 '.-, '''''-'"'1:- 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~..... TIifI ~. ... Sllid Court at I'~,,",,-._ '_11I ~ .~ '~";' ~15-;4tt'V' ~u. L. ~ , IL "'"11;", 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: ,,~,'~'--~ ~ "'~ -~ - ~ .~ -! , ~~1. -'" '0 ., = . .--, -~;, 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. 0- ~ ">~ ^'~_~~". ""..., ~ .. ~..- ,J ~ I _-I OO......O\1if.;!)\, 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. "t---""I "~= .. ~. "'"""',~- -' ~ ~ = cJ ~"'"' I.J ,~ ;;'<.I~ _..""_",w..",#,,,- ""'!i;'~""",,-. ., "'.: " . ,',1 ...~, .' .. ~ - '. " 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 U;:"WCCJ::z" "(,,,,,M" .~,.~ · " I'" ".lil:"" \'". ~ , /1, .. i ~::,.,;. I ,\iK~ ,,' "II; -, -'1i1.t 'J!.l . .4( ~ (Seal) "r <I.."J".::' ~1 ,,:~ ~ \' I~~ (SLi ~ MllWIN GIRARD CHILCOTE . CHILCOTE 'I, .i:' 'I ., (Seal) bdffll 1100 fAGt :!913 (Seal) a -- -- 'j 220-01.12.1 {RliV O1/9l) RECORDER'S OFFlc;F. ,i$I'~ ~~ ",.1 ~ " I~i' :. >}~~~~;i~~t::";1 . "'.-."~';'!"'''.' :)~;~~:}~:t; I .,'7"~:'k:"1"....l .._~.a.,,; . ~i.t~t~~~!{ I~, i;li.ilBl!llilill;ll";'> " ..-' .....; ... .~. . [ , ",:. ...: .~ :~ "-., .::.. , ,'. .' .. ~ ~. .,':. ., ,,' ; ,'. . . l'. ,.. '.,: ;~ "..' ;: ;. ~'.1 -:: 'I' . '. ~ . I.C.. ,""". ".... INDIVIDUAL ACKNOWLEDGMENT ., COMMONWEALllf OF P$NNSYLVANIA COUNTY OF ])A.<...ll "-' tJ '" J: . r J ~ 1,. . .." -:"\.- 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. . ~ ~~- ".~ ......................................................................\......... Notary Publ~ ...... . _Seal ~~~ MyCom"""..Ion_"",.23,I99i1 _ PelmS'JMlnIaA.,"-",,_ol''''''''' My commtssfon expires: CORPORATE ACKNOWLEDGMENT dayo' ~ 19 , before me, the undendgned olfJcer. personaUy :tppcated who acknowledged himself to be the of . a corporadon, and dw he as such <t . . . being authorized to do so. executed the ~regotu ~rtgaii>f Ihe purposes therein contaJncd by signing the name or the corpor.ttion by hlmselr as . : ~Qr '. llJ IDLJ>>1tftess WHereof, I hereunto set my hand and orrldal seal .'. _11.LI Z r-t. o:..!lO::> ~~! 1..1... C) e:: I~J 0 (;) a:: . C> a..~:.z:. 0 h:oj r-i' 1.1Ja::: a:: mOw oOm o::~~ :::> c.:) ... '''. ...................................~r;y.~tk.......................-........... My commission expIres: "'", =, :;Z:, N en MORTGAGE ~i'" c"i/2ALil Chilc.oli t -:Jt:."l>;~5:c.h;I~ TO HAMILTON BANK 11-6...c,2,. Dated....... ............. ........ .......... . eo =0""- . Amount ........ ....J.... ........... ..,.. .... ........... ...... .}~~\~i1~' .' .. ....., .:E~;DEri'~~'thLs 10 . day of ~~-J ':\ ,19~'"CJnJheorflceoflheRccorderOfDeedlJlnandforaaklCoun~. In Mon.... Book' I,\,,'!> Vot - . ..... 0'~1I Given under my hatKi' cTseaJ of office, the dale above wri ten.. . . . ~_b' . ~. A - -....-t?.~.. ...~.. ....................... .'.'~ -~~ ~ I hereby certify thar the predlle IeskIcnce and complete post office address of lhe wilhln-named " . Pennsylvania. I:;.; ~$~' 3oN.~""'S-l~, ~O(o8". ~""0':;"""",,, "'",",,'" '}I":' ) .................. ...........~At A~....!:...:~......r..I;f~ :.~. . '. ,I . . ..Atto~1 r .iiit:'Cl~;l" I!I~t , 8ooK1100 'PACE 299 .' , ",1, ,; .... ., ',' .. _" . , .. . PA132}' Consumer Credit Department PO Box 7558 Philadelphia, PA 19101-7558 800444-4212 , 'W:~ 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. Ad 91 2000 front page.GbC ~-" '......,'l.... , " 1- L ......_, ~.I_~ "-~ . , '2 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 ---- ~ .-. ,-i.J '. i ... ",-1_- . ~ ~" lto.Gi~">;""'_"~i",,"' '3 4386542210597586 November 13, 2000 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: Act 91 2000 input. doc ~I~ .-, I, ~J " ~." -,- .~ ."~~~~ . '!M',~"""",clj-"E' '4 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 7"'" ~~~' ~ ~ . l ~ ~" ~ .~ i, I ~. ........." .~_ ~. '" -,-, '_~~7_. '5 Darwin G Chilcote 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. . Aa912000inputdOC ~'''')~J )~1OI ~">. ~~ ~ "~ I ,- I ~4Jl_-b," '6 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 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 Act 91 2000 input. doc 1Iol...b . ;; l ,--"",.J~ I , . . ~-';"-""-'" 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 ACI " 2000 appwldi..doc . - - I ~ ,] ,~~~ '<'~~4~-,,\", . STA TEMENTS OF POLICY Name of Counseling Agency' Signer and Title Telephone Number Address Mllf ZCJOO appMdk..doc '\.~;;~~~;ii~~~"/:::,~~,~:,:J;:7:~;i) 7~:';;;~;"'"'~~'~~;-;; '0"" . .<...,:..,:~:' ,.' .!) ,'. '. -: C~~~::~::~.~a~~~O~.additiOnal~rviceS. " U.. .' . )~. .,;".',:: :'\;, ~ DPrintyoUtnameandaddressonlhereverseofthlsformsothatwecanretumthis ',,"' ~.. "-"' ; card to you. ". _ C Attach this form to the front of the mailplece, or an the back if spa~.i;:'ds not o ~ - ~ :: c Write "Retum Recsipt Requested" on the mailpiece below the article number. C The:Retum Receipt will show to whom the article was delivered and the dale g : delivered. i: 3. Article Addressed to: Q /'Y / ,/ -..4- '~D~"~ 8 cP ! 7 /1. ,fZj YI-- 51- '?f17tJ//- 56 ZJ Name) . .:.~;, .~: ~'" -~ ~:'~~':- -~:. ,.,.J ~ ~. ::l 0' >' i SUOIPnJtSUI JOJ, aSJal\aH aas oaOl ..uemqa:l 'OOSE U.l,JO;J Sd l --.); c c c; ~ C. 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I' ' I also wish to,receive the follow- ~~.,:,{~:.<~r~.,E! ing services (for an extra fee): r -..~.~-~~~..-~.:.- . ol:,'.~<:')" ..r......' e __.;-:"l.'; ~r ""q' 0.1 81 ,,: a; I. E. Sf '" a;. g>1 ~I ~i _. =>> o~ ~ ~! "I '/1 -~-s:.. ;;r' ..... } 102595-99-B-0223 Domestic Return R~Pt I ,. 1.~res~ee's Address 2, 0 Re . ad Delivery '0 4a. Article Number / c .' L..' :1/- (J 7- 6 '-fZ 4b. Service Type o Registered o Express Mail o Return Receipt for Mere, 7. Date of Delivery 8. Addressee!s Address fee is paid) ,! ii ----------'- I SUOl1::mJ\SUI JOJ aSJ,:MaH aas 000"(; A..ieruqa;l '008S WJO:l Sd . I ,. +cIlZ""8 ',(110 ""'\J: C C __"!!.rJ...~..t!!!!l-!.!.!:!!N ~d'!1!tIJlS C , (.JBIIBW Aq PPJfJ/dwD:J fJq oJ) fJ,JBfJ/::J IUPd fJBBe/d) SWBN s. us d/:1tJy ~ rtJ C ".H llJ8""""l $ ....".........- (p..,nbeij 'U9W8S'OPu;J &e::lNeAileap&1=Jl4S6~ (paqnbey lutW9SlOPu:D ...ldt..... ....ij c C rtJ C. 6e::I pSIJRJ&O 1I1 In .::: In .. rtJ rtJ In -' .. - . , Q) l!! !11 I!! . " " ~ 'lij ::;; ... ... 0; . I ." il s 0 ~ t.> O~ . .. . .i e j! . " N . of a; m u. d :s oO u. ~ oO ~ ,; ~ . -I ~ . .E ! i = .... . ~ ~ 'U ~ " '" of 'ii 0 h 0 0 " , i'i ~ .. ~ ~ z - ~ 0 a:oO a " .. 6 ~ .. EE a:oO 5 c:g S .E 'G '0 ilO E _ E ~ .. 1il 1il 'e . "Ii !~ .Hll ~ , e 0 <3 ~ a:c ... 0 '" a: 00 ill .. .. 966~ I!Jd\;l 'DOSE WJO:l Sd c lT1 ::r ~ l'- QJ .-'I .-'I lT1 lT1 N - "iii ==. ." '0" Q):s! ;:e .- 0. ot:.. 1Il~ Ua; Q)...~ .~ OU i:_" .... " Ul Co" 70._ e fj)Q)::I ou'" 0. Qlo_ 3a:z . fl,astN8 , n~IU 4. ~ -, ~ J tirst L mon ."'atlOnal !:SanK PA1327 Conswner Credit Oepanment PO Box 7558 Philadelphia, PA 19101-7558 800 444-4212 ~ "~ , - I.~ ~~ - ""-'-'-' ~'1~iil"!i'.'''' November 13, 2000 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. Ad 91 2000 IrDnt page.doc ~ ~ . Ii _ L , ,j--~ ~ .~~ -'-r""-' '" -~' ~'_......";.""",, '2 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. Act 91 2000 input. Doe L ;1,uJ ..>---.0.'_...... Iiil......w_~cli"'~>;;! .3 43865422 10597586 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-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: Act 9' 2000 inpu/. doc '"' I '! < ~' .1 , 1 I~~.....,~ ""----: .~- ^ ,- , '''~'- .' .4 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;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 ..,~-~ ~- ... ~ ~ .=_Io_~ ;, I "~~N:; " ~ ~ "~ ,. '5 Judith G Chilcote November 13, 2000 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. Act 91 2000 input.doc ,-. ~_ ;..1 ! i, ;" . -~ ~ - ~" - H ., , '6 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 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 .C/~. Walter J Hart CONSUMER CREDIT DEPARTMENT 1-800-444-4212 EXT, 3344 WJH/dyp Act 912000 input.Ooc ~~~I:o..ll/lllllliL '",=~ -~ I" I .~~, u " ~"'" ~ lJfJU01__I~i. '. . Consumer Credit CounselinQ AQencv 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 ~;jj~ " ~L i I -<it,,, . .. STATEMENTS OF POLICY Name of Counseling Agency' Signer and Title Telephone Number Address ActJ12'GIDD~.IIoc ::;'~i~i,~;:)i~:,\t~~\~;\\;( j "{i~',j:s;;{~, ~;;~i ,".:.. . -',.. ;'~.". . CompJeteitems1.2.and3.AJsocomplete '.':.~..".".(i"," ".~.~.~~. , ~ \. ,! ,~. ...' ...... ~~.'~ : . I -. ". ::;:. ~ -"Item 4 if Restricted Delivery is desired. I ',. ;..~, .,' .JKV, "'!-..:.> ~",""'.','-,:,:,:.""~"~:I _ ~rintyournameandaddressonthereverse .~:: ...." "" ~~:\";'\"''''.'._:.; .l..~~::,.'..>; \ ,.~..;, ~:. ;:.~.;'.,>.~::;. so that we can return the card to you. ". ....,.., .... , .. ..... Attach this card to the back of the mailpiece, or on the front ~ space permits, 1. Article Addressed to: .,'.,::. ;r?" Darwin G .Chilcote 219 N 26th Street Camp Hill, P A 17011 ~~~~~ , , J.\. '~". t \ 3. Service Type CI Certified Mall CI Express Mall CI Ragistenod CI Return Receipt for C1lnsured Mall . CI C.O,D. - ".. 4. Restricted Delively1 (Extra Fee) Domestic Return Receipt n n )' " · Qomplete items 1, 2, and s: Also complete rr.::n 4 If Restnctect Delivery is desired. · Pnnt your name and address on the "'varse so that we can "'turn the card to you · Attach this cartt to the back of the m';UPieca or on the front ~ space permits. ' 1. Article Addressed to: Judith G Chilcote 219 N 26th Street Camp Hin, PA 17011 ~lrtffl.:tta~~~jj :;o.~';~:f~.. . .....: . l "." ..'.- " :-,..;-~;,-,~~~ r,. ,,,"-i'~; 3. Service Type CI Certified Mall CI Exr>ress Mall ,~ Aagistered CI Ae1um Receipt for Merohan~;" InsulOd Mall CI C.O.D. , ,-" 4, Restricted Delivery? (Extra Fee) . [J Yes .~~~~ . ,~'1".; .....1.' it, 102595-<lO-M-0952 s- . - -~-- -- .-- .,.._.-._--_.._-~-,-.. ,.~.-: C Complete items 1 and/or 2 for additloi1a1 services. Complete items 3. 4lil, and 4b. C Print your name and address on 1he reverse of this fonn so that we can retum this can::! to you. . . C Attach this form to the front of the mailpiece, or on the back if space does not permit. o Write 'Return Receipt Requsstscron the mailpiece below the article number. c C The Retum Receipt will show to whom the article was delivered and the date o delivered. 13.Ape.Ad~ u jlCj ().~<J-t- [j II ( O(f- '" -8 SENDER: ;; .. " ~ .. ~ " :5 ~ o ,., .!!l 4b. Service Type o Registered o Express Mail o Retum Receipt for Me . { _.,1'. ...:.1. .. ".' .., u' -~t '&.~ H il. .... . a: . g' 'm' :s~ ~; J! :s O' >>'A "'s if F', "" 7. Date of Delivery 10259S.99.S-a223 Domestic Return Receipt ~~,--~"~' - "" L ......_ __'l. I I-I '"-'~- . - , 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: i:_>" Re: Darwin and Judith Chilcote Loan No. 4386542210597586 ~M = ~=,~"~_~ M t. t'.. J.I ..~! ",' ""'1~f2,UK ' ~~P.' H"',R",.~ '1 t \I ~!.m. 0' ..' . ,.""' ' , , , " ',. . .' .., (': h \ '"I 1'-""', \ ... i,'"~ ~". " - .. ",~ --=-~~, ~'Wf$'* ~~fi'i1'ff-'.\m~. _flJilill1!I'1ii.W.J!i;,@!jj}.,. - ~'I ,- ,-" ' <" ''''''_~_"''''" __,'"'-< "M,- . .'". " 11 I~(-"C-^'I" ''''''''".)'". C V' i:nr.~!I="_ "'''''"'' . ". '" '.0""'" VV,.. .... ' -;-~It_ lImy II 3 14 fli '01 L'.,)! 'i. PEN N S ;LV~~';/fA ,,",P.Ii. "",' j ''''~'''1 ;~'''0!'''-~~!il!"Il.l'~W'''';'i;!.il,,.-~0'~,-'Y:~' 'i~ ~~"''';?'''''I'-'''I ,':_,';;'J "11..1 flilTn'A ~~', '">>~~ . ~ "f~lOr" <<jf~ ~d ''''I' ";:;~'l'~,'R'<--.\lJ!!Il!>"'11 ',_, """V,;?,,'<"'- 'E-~~_"~~~"" 1....1 . ,~ """*~01I",,l: ltJI,....~ l\iiIB' ! 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. w<7/./1' S & KAUFFMAN, P.C. ~_.J,........-.. l, . J_I, -,~ l~I~;- ~ ' . LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. 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 (") ~; 1=1 t. ; . ,-~ .' 1.:J:: Ii' -'-.-, -'" .. ~- ...:~- :::)-'-- G ~~ , r-...) - -~ ~J . 'Ie) - ~ ~:-: );~ ~:~~ z ::.:! r,J ':) C_~'iTl .----.; J~'; --0 =< :J1 \0 .- ~ -'~ ,. ~,_:,-,,.-: -~ ,,,,;<,,,",,;',",,<- i,,-;=-,___ i'ni;l!:dle'&"M;$\",ii:;~,,1I;.~"lt'''','''!i'!'-'1''!i>!M>i,1ib:l&H'<tIi;:;-il!;',il<l!lI1lliill;JI.,~jjj~'" r , ~I .. i !"? ~~}. .. f!~ MA:Y 2 3 200'\ Uf1",; '.'.' 'C.,,,,,,. ." ...... . ......... '.J I . '-,"i;----;\,::...,i..~_:.,-. IY::,_;:jO ------_..~~~ ._--_.~,.~~----'- nUll> 1 .. .! I ~,,,,l.IJ,,,,,~=^~~-,,,~ o,~'.W-.' "~_<:-,,. "''"'-~'_=,,".'''-,' ,;Y)_~ -' ",-, " ,,= _"" .' , >,', "__~ _,~'""" ".~ =~"'_~ ",.' v~ ,,\". ~ ~ ~~ . -' ,,~.- - .Iil' .:;,.~,'-~.. '---,- 1'< '.,LL - "'-!J'J;'IO_L~'i , , 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: ,<-~ ~_t4ti"ifil;,!i1L~~"'fulL"iic,; IJ ,'":3,, ':l<'i "e,",~'i,I,-"HM~\~;;:;:")'_'-f",,,,',b- " ,', <-,'-1",., "''''<{''''\',,,,;~- . _, ':" *1 >l~-"'c;J;,i..jl,~~d*'A.~I'''''~~''"~'''~;>;,"''M-~~';C_",,,,-,~,,~.^~,"~'_~0.~;:~-,~~tl~;m1f~:'; l~ ,~,~-. ~J[ .lL.,."",..... "'~ _,' ~.",,..,.,, ,,,", ,., e > -, . . ~,~, ';"""","...<C',,",,, "",' ,,-,",,',__ ,,,f~-~>_, I" ,--",' 0","' "de _~ ,;;:;ii> (<" ~~AY libL~-< --_.__."~,.. ' ~ ,~", ,-,=,-',-,"" , -~". Cj '1 t'p"J;'~ (~,} LlJU t 1lIiIt';, " , <, ~ ,~,~",.",~ , , c I' :' i ,L ._~ ~, ....,...- ->>""~.ruM~r',". 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. J! ~IIIUlIl .~., ,," ~""" .. - ,:o~>"-~,,,o, 'L-~1C_'1L '""j''''-''_'~c_,"i.~,,;~0!,:;__U~JUl'~!i'''''':';;;'-ti'_';;--'v''''Y'''';''>8,j~,-,"."''i;,;'!;E".lli>'''':>-iW.'~~~~fJ1i:ll:1 -",~-~ ~ ~ 1";'. .".... ,,;. !;;>t'0'". ,~, WAY U." Ilh --,~,' " LiL~ __~~, ..~_',~~",.",,__~,~",~ .,,,", .n ".', ".-,. ~,- ,~, -~ " ~~- 1l!I!k-_, , , '-r.:JGj' /; : .,' i, r,..., , _\'.:" :~.J-:) 2: 8 20'J"f iT ~",,",,,,,,,,,,_......,L......._ I , i I_~ .-i"~"~ ,.""....,~ ~'lil ,'-~~"~_-"""'"''''''''-''''ll_~ , 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. """""'''''''--~ ",,/._ -"- ~ - ..., ,LI J.....I ..",,_c .~~':>""" -~'"<i:f;l!t~~_""'~_~'-"_-~"'" ,~'"-. , ~' '.:, , .' , " ,. .,". " ,. ~ - '. OPEN-END LINE Of CREDIt' MOR1GAGE ~ c...A--. -- 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\' ~' /~' , '/ /1. ' 1- /".., "-,, \,~" ".1l<, ll'l ,j . $~ ~ (Seal) .. , ~ .1,r..J", ~ '_'~J\"~~ ~ .. DAAwIN GIRARD CHILCOTE JUDITH . CHILCOTE . '1. ,.;':' I' (Seal) Mlltl 1100 fACe ~!f)8 (Seal) , ..i , " 220-0H2,IIRliV 01/91) RECORDER"S OFFICE ...... _{~t~. ",",d""".,...",~,~~--L..__ ~J I-J L. L~ ..h ~~"'I''''''.'''''''''''''-''.-,''''J!<g1liiM\,'l!Illi(fJ;;''' . " >.X~':iV~t::..;1 .'_ ,.~._~4;;....;"" ,'. " ,~:~,.~l' ~. ~. .,\~K~);-i:~, , ,.' . '..;. ,~ [ ',,'.-... : " : \.:',;. .... ,', ...: ~ --t< ~ ., , ~: ,,' " t,';. . 1~.: .; ., ..' .,-:': '. ;. . : ....,. ,'. ~,. .; .... .t,;. -. .. ~ I " ....10. INDIVIDUAL ACKNOWLI!DGMENT " COMMONWEALTI-l OF PENNSYLVANIA COUN1Y OF DA<f"-'.J "';. ~ On ~hfs, Ih~ .. n . .. je,~_._ \fffl,\.;dar of ~o~, I' '\i:., before me, the ~:~gned offker, personally appeared ,~IN {g,.~ '-^' :t .::Ju.i>1na. A-.CnIILG1E. known to me (or sall$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. ~ \'~- " ~ ...................................N~i;;;.;.hbJi~..................~....,.......... My commission expires: N_Se8l I'Ll>lD "'CronM~~c..rIY H_'o~.""231!l93 MyCcm"""","__r_. , 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 _J IJJ Z ...... -=-:, Cl ::::J ~~! lL. 0 ~ HoO a:: c.:a::C) WZ ~oj 1.LJ 0::: a::; "'Ow 00", o::~:z => o ... ...................................~~.~k;.......................'........... a ... ' i5; ::z:' Sl My commlssfon expires: MORTGAGE, ~i" ~i~il Chilc.olE. i -:ii:.i>i-l-t,S:Chi'~ '"~._.., ~'---'. ~....,~~:~~ . , ~'.~. / "...:.~ -...;.r~" ~ .!o~I.~.~'.;~;*. .,....~ ~ ~.;;;.r ....., . "'.-....~~!'.. .. -.r : ;.,i~ TO HAMILTON BANK 11-6.J12.. Dated.................... .................. , eo ~Cl""- ' Amount ......,.. ..." ...,........ ...... ................ ...... " LVANI~ . . ,..' .,." -' \;<1'\\ " (l~ " ,,'.' ..... ;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. . . ./ ~~~ ~~it .... ........ ....................... ','~ ..... . . . .. r of . .:'\l~ \'!I'..~ '';:,::':i":Si}~~~;::~:~:~~,,:;~:i'HP; ). .. I "";!I', ,~'. otl~"'~f' BooK1100 'PAGE 239 . f! . PA132)' Consumer Credit Department PO Box 7558 Philadelphia, PA 19101-7558 800444-4212 ~'""" '" 1- . 'n~~'lW;,; 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 ""~,~. ~~.". " I"",-~" .; ,1.1 . i ,. ,-, 0' 'i\'iliM~WiI!'!iWl'~; .2 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 -cJ~_,"-~ ~, .=.~~ "''-_ J I. _ ~ , ~ -'--.1-1 ~ . ,~ "' W~'~\'-' '3 43865422 1059 7586 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 ""~~""~"ii~~_ ",.= ~ -~ , 'I I"" .' _I I -, .!ilil!l.l ^ ~ ~~,I!WW~i:lill;'N ' '4 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 $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 $50.00. Ad 91 2000,nput.doc ""~~''-''Ul4"",",",'''''''''''_-<ii-~ , . ~~. "~.~ , ~I L........i......... - , .~ '-1.,1 -~. "I Iiitil.-..i.-.... ''''''''~O;it<.f,i'', '5 Darwin G Chilcote November 13, 2000 Any attorney's fee will be added to the amount you owe the lender, which may also include other r$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 ,2!lJ","..'.M_~~.",~ LJ '-"iImr'_'Mlk:W':SlltiKeo, '6 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.~ _.'-,......""" . ;' J ~' j I ~~ . -@-lihi>li:iloi.r . .~ 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 k._~~_ " ~.. " "-" ~ ~~ :; "' "",I. L It .._~;"" . STA TEMENTS OF POLICY Name of Counseling Agency' Signer and Tifle Telephone Number Address Act.f ZGCJIlJ........cAx C Complete items 1 and/or 2 for additional &a1ViC8S. CompiSII.ems 3. 4a, and 4b. : 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. 0A;:;~;~p,~j;::":';;.:i;;;;~;:~.~ .:,(~<!i~ <;; " 'ii ~ l!! ~ m - .. :5 .L "a.j,jl.ll!.illl..,..,.jJ_-.,".il/i..i~ SENDER: .< "\.....: " . .:; , ,Il '':~'<~:'!~;:..~:',_,~' ';,,1:"'., '.". ....: . \_ . l!'. ", ',..; ~ "._:: .'." 'J. ~., . I .. .... C o " ~ Qj ii E o " SUOIl:JnJJSUI 101 aSJaAaH aas aool' IiJenlqa.::l 'oose WJO::f Sd .. +d..I!_:~!'!!!.'!!L~ l -"I; C C C;, . C Ln III C I C' C' III C Ln Ln .z:: Ln' ---.-------.....-------_:"l!.!!'!R.t!._~!tEM_'l..t!!.~!'!!!!. (.llI/JIIW.fq p~e,dU/o:J eq oJ) (AlleSI:> JUt},,: 8BlIfIld) aWl1N S;Jua d,:1a/:J ".H )JmU4S0d $ 888:1 ,e8IqSOcIIBlO.1 (paI!nb&l:t lU&WElSJOplg) f9:l ,{jS^!lea pa~l4S&l:I (pal!nba~ tuewalllOpU3) &El:ltdI9:>e~WI1t81:1 e8:l pelJlJ.leO .z:: III ..... D> 'iij :!!:. -e0l Gl'" ==~ :eD: Gl~ (.')!! Cl) '- ~ "00 'i!; U ,,-.. en-" CTi.g.~ 'tiiQ):::l o U '" a.. Q).s ~a:~ . ;; 12 !!! e .. \' .. ~ I ! .. '\ . ... ... <= .2 '8 " 1m 16 u <= ~ "- . "'" . N .E; . i;; .f s. .f .. . 'r~ :5 . .. 0> .. " "- .c= ~ :;; ~ <n. d . .E ~ " .. _0 '" 0; .~ = .9-115 . 0 '--~ . . " 0 8" '" 0 !i . .. 0 '" "- " .0 ~i " z 0 "- ... .. 15 . " . 0:.. -' . , "53 '" .ll " u ee ~.. < e r " . .. '0 e . c- e . '" 'e . '" 00 iHI ~ '" ! 0 0 Q . Q &! .l!~ 0 o. 0; 0'" "- "- U '" ~o "- S66~ l!ldV '008& WJo~ Sd. . I, ,", Ii ii 'rr:::i~' ti :' : .~.r..... .!:q":I,"" ~r' ~", al 51 ..: a:1 ~I .., a:. g>1 !il ~i' _. ", 0\ ~r 8. Addressee's Address c: ; fee is paid) '" I ,- -_:'~':;7</1'-" , . t also wish to receive the fOllow. ing services (for an extra fee): 1.~ressee's Address 2. 0 Re . ed Delivery 10 4a. Artiele Number / c '-' . ']1- tJ 7- 6 Lf z., 4b. SalViee Type o Registered o Express Mail o Retum Receipt for Mere . ied 7. 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L man ."'\auonaJ '~anK PA1327 Consumer Credit Department PO Box 7558 Philadelphia, PA 19101-7558 800 444-4212 'l. .I. ~:.."~ - -~ '..-.c. ..,~~""<_~,~,~ ~"""",",~1-Ii4iJ;~' 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: ---~---~ . I ~";".- - , J-L_~.~ -1Ii1illl 1liii.~IlI.Gli~'!I;i~" c . '2 Judith G Chilcote 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 ~~. ~ , 'I C' ~ LI -- ~~ ~" >>J ""'~cto'oo_l\f .3 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 d'",l,Q_,_ . , . , .1. I, 1_ ~" ~.. ~ ~~"'Hd,"'- .4 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 ,~,_;"w_~W~"_" . . ~. .~'"~"-~ ,1, ......~-.j-, 1 L..... .~, L 1iI~'Mitlliiijlli;:>ti '5 . . .. Judith G Chilcote 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 _'!''',:i'.,u,!'\0""''"',,'_=,,:'',,:~,c,,,j,:,,,'< ",;".'<-'t)'--"" ,'~=-->J,'&~,h~F;E,itJ!iill"1-*~,.1t";ff"Jl<.""''''l''''''';!%'''-''';';'i,;;i.""~.z""",,~~~!;ffi;;@.j;~~iiil ,:;;<~:,-~,~_,<J_:, ,lll~;r'''''''''''_''''",,",,^"d,'>?_ ,_'""'"'''_ _tT.:M,!tj!!., ,. ~,' .,_>~,' ,_,I" ""V'_"'~'~"~_'_ "q,:".J,~;"~~V -, ~'-",,~ , ,"~:;c";- ~,':'I'''' . -"'" .__~. ~;', ,.,.~_ _ > . ',', _, "~r ,"''ni!'l'_''o~," _ ",__e_.~,,_, "', JIIllJ" "=~ -"'-' i' . ~ ~.~ ~-=" ~""- = ~, ,~. "- _,,~b,~,""-~ -= =.~_."_ ~>~ "I .~~~ ; :...1 , ""- t\li~JOOiIY~"'< '6 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 ""w;;';lIM~;7r~ [,.1...__ !Mo!IlIlIii" - ......'oU . ~....~ _.....:...._' ~;o" ~ '~.-.""'-~~~~"'"'~. . . . 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 "-"""'O:",'j".)"'-'''''''''''''_'.,,.,,,~ ~.~,~~' ,~. . . ~ 1.-- . ._ . " . STATEMENTS OF POLICY Name of Counseling Agency' Signer and Title Telephone Number Address ACIt1 2OOO~.dIC -''''~--~'~''''''''~~~''''"''];''~ ':~-}~\~~'~~I:~~1}}~:f~"~~~~~ ';t ~ ;~:~ ,~~,~~-~..}!?~~ ~-:'f> ..... .~~.'}:5;:~.;f::l:,~,JD::'/~ ::7' )::'?Ff :i , . . ).'. . . '.~' . 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: ..' . ;r~- Darwin G .Chilcote 219 N 26th Street Camp Hill, P A 17011 ~~~ 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) . , '''\. t \ 2. icle Number (Copy from service ~ o PS Form 3811, July 1999 r~ n I' \1 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 ~~-)ffiiit:m~~li . '\' ~ . -;o.~;.. ...~. ....: .' l . ";i:~:~~'f. 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) o Yes ."~~_~~~ '-.~~::, s- ~' 102595-00-M-0952 .... - -.-- '-.- -,.-------...--.:..-..-.. ;.i.": 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. 13.Ape.Adc~ .. j/ Cj r1. f).6 <u- 2f II ( 01/- ... ~ SENDER: ;; .. on Iii > l!! .. S ~ = o >- !!J . f. ~J -;;:.I~ . ... - .-, --it ~~ ] ~.' ii...... II: . go' . 1i ~ =~ ~~ 0, ;, ~( ~ I also wish to receive the follow. ing services (for an extra fee): 1. ~ssee's Addres~ 2.~elivery ~ e ;. If7- 4b. Service Type o Registered o Express Mail o Return Receipt for Me 7. Date at Delivery ~~ 8. Addressee's Address~ a,nd fee is paid) ~/ 102595.99.8-0223 Domestic Return Receipt ""-";!id,,-.--- 0 . I I~~.;.".~~_."~"".-..",~~~"~~" _ "",J !i!I;liilll~~ , 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 #' ,;";-'jL\'"f:i;;':,'-'k.-;:'~,,,~illY,";"'>l;;;;hll!>"~l<!li;:Oillc>'1i"""";;~""""'J;ll_~~iIl!J~~C' "-~~ " ~ ~. . C; r '-. ~:~ p' ::-~l ~";" . . '-~ ., ',.(i,., ~.- :/-iIr, . f? ~1AY ~;l. ',j . ~;~'"--',;., ' ,'. '.'," ~ - , ) 'OJ ,,\~,,:;_,,__, ,_~...' ____..____ u ---411...------ 90 !~J t./I 2"~1 JiJ Ll ~~ ,.~ ^"",,,. ,~"- ". ,~ , ~, " -~ -~ ~. '~'" -" ~,- ..