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HomeMy WebLinkAbout01-03682 ,"~l,."";,"",,,,,~ ,~~~ _J - -.I j C'~ . c_ _..'" >~!ilm:I:r"'~,' FEDERMAN AND PHELAN, LLP By: F~FEDERMAN,ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 TERM Plaintiff v. NO. OI-.3("f.z~ ~ CUMBERLAND COUNTY JAMES E. PEARSON CHRISTINE A. PEARSON 1927 KENT DRIVE CAMP HILL, PA. 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 1911005989 .ii - ....."~""-~ .,1 .L.~~"it""'""~ IF TIDS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIDS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.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; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FIlLED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. . , .j .-- . ,~ ' -~ .~ ' 1. Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES E. PEARSON CHRISTINE A. PEARSON 1927 KENT DRIVE CAMPHILL,PA.17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/26/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CORESTATES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1333, Page 586. By Assignment of Mortgage recorded 6/19/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 550, Page 434. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit" A." ~r ',- -'-''9'.:..t_''''-~h1~- I -"..!.I- ~ . ~, ~ - .~. - ".. .- ',~J<:~I<<",",:l0 6. The following amounts are due on the mortgage: Principal Balance Interest 2/1/0 I through 6/1/0 I (Per Diem $14.57) Attorney's Fees Cumulative Late Charges 7/26/96 to 6/1/0 I Cost of Suit and Title Search Subtotal $68,635.59 1,762.97 3,431.00 72.57 550.00 $74,452.13 Escrow Credit Deficit Subtotal 482.60 0.00 ($ 482.60) TOTAL $73,969.53 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 1bis action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant( s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,969.53, together with interest from 6/1/01 at the rate of$14.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. i-~l-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :~<i--'~~' _~.... , ~~~ - -"=."",, i...."A""f.!,,!idi('1"I""~~,,;.lI:~\-,i., , ~ Dlllll 1~1~11111I~11I~1I1"1~"I~II~1 r,C: ::Ri i. ZIEGLER ;,EC".RDER OF DEtDS f.UM3E.:\~MlO COUNTY. Pt. '96JUJ.2S Pl'l 2 III COpy (Space Above This Une For Recording Data) MORTGAGE 7600011282 THIS MORTGAGE. ("Security Instrument' Is gIven on ...~_..JJ.1.~R_"_RR__RR.""M"'_""~_.'M.'.N".""._'"RR_." is ..._.I~_""'R_. Th. mo"".go, ,. ._..................~lIMfS..li..P.EI.\F.l.$.QN.~nd..ClililllJ.lN..A...P..liAliSON....._.......__.._........._........__....__...__...._ ........"..........................._"_...................................~._.....m........M..M______._.............................."_................M.....H..._...._H........H__............__.... ...._.......H.............._........................M.............................RR...M.............M...M........................................................M.M.............._ iBorrower") ThIo.Soourlty tnotnlm.nt 10 give" to ........CQliEaJA:r.E$..MOBT.GI.\(;....S.EliY.I.CES.C.Qf.!P.Qlil.\J.l.Qt.L......:::::::::::~::::=::._.................: .M...M_M...._....M_...NMH.....M......_,..H..H.....'........MH....HH.........._M._..H.......HH.MmM.H.M..__"'-......_.......MMM.......M"'-_H._._ which Is organl:zed and existing underthlllaws of ..M".:the..Cammanwealtb.af.P..ennsyJvanIaNH.........._.__M..:=:.:::=::..::.:.~-:"~:. and whos& address is ......H.......M.............ONE.t:lJLLE~DALE.BOAD:...M._............................._.....................M_._......_.."...._._....__.__.. ......................................................._.........,eEliKl.\S1E..P.I.I...189M..___............................................__....__.........._..._..........rl.end..,. Borrowerowes L.ender1he prlncipaJ sum of ...........S.evantJ..One..T.housand..NiDaJ:lundr.ed..T.en.an.d.I1Qt.1o.G_MN...HM__,.,H.H'_"H_ __..__.........._.................._..........._ 0011.,. (U.s.$ ...._.._.zj.910.Qll..............____..._........). This debt is evIdenced by Borrower's nottl! datecl the same date as 1hls Security Instrument ("Note'. which provides for monthly payments. with the fun debt;lfnot paid earfler. due and payable on ..AugUst'.H....._..__:H___:l.......,.....20.2&.......H._.... This Seourlty lnstrumentsecures to Lsnder: (8) the repayment of the debt evidenced by the Note, with interest. and all renewals. extensions and mcdlfications of the Note: l,b) '!he payment of all other sums, with Intemt, advanced under paragraph 7 to protect the securlty of 1I11s Security Instrument; and (0) the perfonnance of Borrower's covenants and agruffillrrts under this Security Ins1nlment and the Note. For 'this ptll'pO$8. Borrower does hereby mor1gage, grant and corweyto Lender'lhe iollowlng described property loca:ted in ..._.cUMSSWNll...........:........._......"....... County, PennsylvanIa: AU those canaJn lots or pieces of ground with the Improvements thereon described In Exhibit "A" which Is attached hereto and made a part hereof& wh;'h h..." add''''' of. . ......J.~gZ.K..t.!I.P..!L.............-...-...............................-........-.... .I<AMP...\!.lbL._......_................._................... .. . {StreQt] (CIty] Pennsylvania .......:1.7.9.:U....,,"................................. ("Property Address'): [Zip COde] TOGETHER WITH all the fmprovements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or heraafl:er a part of the property. All replacements and additions shall also be covered by this Secwlty Instrument. All of the foregoing is referred to In thIs Security In&tnJment as the .Property." BOAAOWeR COVENANTS that Bo(l'ower is lawfully seised of the estate hereby conveyed and has the rigllt to mortgage, grant and convey the Property and that1he Propert)l' is unenCfJmberad. except for encumbrances of record. Borrowerwarrants and will defend generally the tale to the Property against all claims and demands. subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non.unlform covenants with Iimi1ed variations. by JurIsdIction to constitute a unIform S8curlty lnstrumen1 covering real property. PENNSYlVANlA-$1nlOle Fumlly.FNMA,lFHLMC UNIFORM INSTRUMENT 3039COPY.frm (FrTECH) 03191 f1age'of5plIges Fol'm 3039 9,90 J~ .~ ..;. " ~ '."-~:',bf'~~';""';, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall prompdy paywhlln due the principal of and ~tersst on the debt 911fdenced by the Note arid any prepayment and late charges due underthe Note. 2. Funds far Taxes and Insurance. Stlbjectto applicable law orto a written waiver by Lender, Son'OWllr shall pay to Lender on the day monthly payment& are due under1he Note. until the Note is paid in ful~ a sum ("Funds") for: (3) yearly taxes and assessments which ~ay attaI~ prlarfty aver this Security Instrument as a lien on the Property; (b) yaarly leasehold payments or ground rents on thll Pnlptrty, If any; (c) yearly hazard or property Insurance premiums; (d) yearly flood Insurance premiums, If any; (e) yearly mortgage insurance premlum~,1f any; and (t) any sums payable by Borrowerto Lender, In accordance with the provisions of paragraph 8,In lieu of the payment of mortgage insurance premiulnll. These Items are called "Escrow Items: Lender may, at any time, collect and hold Funds In an amount notto eXCJeCi the maximum amount a lender for a fElderally rela1ed mortgage loan may requlru for Bor'rower's 8$Cl'tIW account under the fedllral ~a1 Estate Settlement PtocudumAct of 1974 as amended from time 1o1lme, 12 U.$.C. S 26D'1 etseq. ("RESPAj, unless another law that applies to the Funds nt:a a lesser amount If so, lender may, at anyllme, collect and hold Funds In an amount not 10 exceed the Iesser:amount. Lenderrnay estimate the amount of Funds due on the basis of current data and reasonable esUrnates of expenditures 01, future Esorow ltums or otherwise In accordance with applicable law. The:Fundssllall be held In an Institution whose depotilt are Insured by a federal agency, instrumentality, or entity ~ncludlng lender, If Lender l~ sucn an Institution) or In any Federal Home Loan Sank. Lender shall apply the Funds to pay the Escrow Items. lsnder may nat ~e Borrower for holding and applying the Funcb, annually analyzing the escrow account, or verffying the Escrow Items,. unfess Lundllr p~ys Bol'l'tlwer Interest on the Funds and applleable law permits Lenderio make such a charge. However. Lender may require Borrowerto pay a one-time Charge for an independent real eatate tax reporting service wed by Lender in connection with this loan, unless applicable- law provides otherwise.. Unless an agreementIs made or applicable law requires interest to be paid, Lender sI1aIl not be require,d to pay BorrOwer anylntereat or.eamingson the Funds. Borrower and Lender may agree InwritJng. however, thatTnterest shall be pald.o~ the Funds. lender sIlall9\V8 to Bo~wer;withotlt Charge, an annu~ accounting of the Funds, shQWing.oredib: and debita to tha Funds'and the purpose for which each debit to the Fundswas made. The Funds are pledged as additional SQcurftyfor a1i st/ms secured bythi$ $eclurlty In&trumenl H'the Funds held by Lender exceed the amounts pennitted to be held by applIcable law, Lender shall account to Borrower for the excess Funds ,In accordance: with tile requirements of applicable law. If the amount of the Funds held by Lender at anytime i$ not sufficient to pay the Escrow Items when due, Lender may so notify Borrower In writing, and, In such case Borrower shall pay to Lander the amountnecessary.to make up the defioiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at l.ender's sole c:fIs<<etion. Upon payment In full of all sums secured by this Security Instrument, lender shaJl promptly refund 10 Borrower any Funds held by Lender. If, under paragraph 21. Lender shaD acquire or sel11fle Property, Lender, prior to the acquiSl"tion orsa18 ofthlt Property, shan apply any :Funds held ~ Lender atthe ,time of acqulsftfon or sale as a credit against tI'Ie sums secured by this Sucurity Instrument. 3. Application of Payments. Unl8$$ appJlcable law provides etherwtse, all payments received by !.ender under paragraphs 1 and 2 shall be applied: 11rst, to any prepayment charges due under the Note; second. to amounts payable under paragraph 2; tI'IIrd. to Interest due; fourth, to principaJ,du8j and last, to any 'ate charges due under the Note. 4. Charges; Uens. Borrower shall pay all taxes. assessments, charges. flnes and impositions attributable to the Propertywhfch may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Botrower shall paytl'lese obligations In the manner prOvided in paragraph 2, or If not pald In that manner, Sorrcwer ahall pay them on time directly to the person owed payment. Borrower shall promptly furnish to !.ender all notlees of arnOllnts to be paid under thls paragraph. If Borrower makes these payments dlredlY, Borrower shall promptly furnish to lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to tile payment of the obligation seoured by the lien In a manner acceptable to Lender; {bJ conlests In goodfafth the lien by, crdefends against enforcement of the lien In. legal proceedlngswh1ch in 1he lender's opinion operate to preventthe enforcement of the lfen; or (c) secures frqm the hOlder of the nen an agreement satisfactory to lender subordinating 1he 111m to this Security Inslrument. If Lender determines that any part of 1he Property i$ subjectlo a lien which may attain priority overthls Security Instrument, Lender may give Borrowera notice Identifying the lien. Borrower shall satisfy-the nen or 'lake one or more of the actions set forth above within 10 clays of the giving of notice. 5. Hazard or Property Insurance. Borrower st'Iall keep the Improvements now existing or hereafter erected on the Property lnst/red against loss by fire, hazards included within the term "extended coveragee and any other huards, IncludIng flO'Ods or froodlng. for which Lender requires Insurance. ThIs,lnsurance shall be maintained In the amounts and forlhe periods that I.snderrequlres. The Insurance carrier providing the IMtll'Snce shall be chosen by 60rr0wer subject to Lender's approval which shalt not be unr&:a$Onably withheld. If Borrowerfalls to maintain coverage described above, Lendermay, at Lender's option, obtain coverage to,protect Lender's rlghls In tne Property In,accordance with paraQtaph 7. All Insurance policies and renewalsSt1aJl be acceptable to Lender and shalllnc1ude a standard mortgage clause. Lender shall have thlt tight to hold the policies and renewals. If Lender requires. Borrower shall prompUy give t9 Lender all receipts of paid premiums and renewel notIces. In 'the GYIInt of loss, Borrowershall give prompt notice to the Insurance carrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. UnlltSS Lender and Borrower otherwise agree in writing, insuranca proceeds shall be applied to restoration or repair of the Prcperty damaged, If the restoration or repair Is economically feasible and under's security is not lassened. If the restoration or repair is not economically feasible or Lender's secwlty would bu lessened, the Insurance proceeds shall be applied to the sums aecured by this Sucurlty Irmtrument, whDther or not then due. with any excess paid to Borrower. If Borrower abandons tI'Ie Property. or does net answer within 30 d~ a notice from lender that the Insurance: canier has offered to settle a clalm, then Lender may conset the Insurance proceeds. Lender may use the proceeds to repair or restcre the Property orto pay sums secured by this Security Instrument, whether or no~thl'ln due. The 3O-day period will begin when the notice is given. Unless Lendllrand Borrower 01herwlse agree In writing, any appllcatfon of proceeds to pffnc1pal shall not extend or postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or change the amount of1he payments. If under paragraph 21 the Property Is acquired by Lender, 8olTOWltr's right to any insurance policies and proceeds resultlng from damage to the Property prlorto the acquisltion shall pass to lender to the lI11tent ofilie sums secured by1his S"curity Insttument immedIately ptiorto the acquisition. 30391COP,FAM Page2of$paga5 Form3r09 9/90 J:". ... ,';"",,""W==~J~..,,.~~......,~ "~' L.~iIiwiI:" - ioIi_~-.i"_,',,;J ''''''''''''''" ~ lIili;Wj~iooN" , .,'1. -'~1I''''~~~~'''_~ , '- 6. Occupancy, Preservation, Maintlimance ~nd Protection of1he Property; Borrower's Loan Application; LeaSeh~Jds. Bcrrowershalloccupy, establish, and use the Property as Borrower'$: principal residence withIn sbcty daysafterthe exacutfon of this Security Instrument and shall continue to occupy the Pro~erty as Sorrower's principal re~dence for at least one year after the date of occupancy, unless l&l'ldet otherwise agrees in wrltlr-!;l. whIch :consent shall not be unreasonably withheld, or unless extenuating cIrcumstances exlstwhlch are beyond Borrower'$: control. Borrow~r shall ~'deStroy, darnagu or impaJrthe Property, allow the Prapurtyto deteriorate, or COmmit waste on the Property. ,Borrower shall be In ?efal.llt It, anyfOrfelture action or proceeding, whether c1v1l or criminal, 18 begun that in Lander's good faith Iuc,fgment could result In fOrfei~ of the Property or otherwbu materially Impair the lien creatud by this Sacurity Instrument or lender's security In~rest. 8cI11OWer may oure ~ch a defa~,lt atld reinstate, as provided In paragraph 18, by causing the action or praoeedlng to be dEsrnlssed with a 'I'UUng that, In Lender's goocUaith dete~ination, precludes forfeltura of the Borrower's Intetest In the Property or other material Impairment of the lien c:reated by this- Seetpity ,Instrument or Lender's security Interest. Borrower shall alsa be rn defauJUf Borrower during the loan application process, gave materlany ~$e or inaccurate information orstatem:ents to lender (or failed to provide Lender with 'any materlallnfotmalion) In connection with the loaq ~~enoed by the Note.lnc:fudlng. but not limited to, representatloMconcemJng Bonowet'i. occtlpancyofthe Prop~rty as a principal r8S1de~cB.~ If this, SeCurIty InsIrument Is on a leasehold, Bonower shall comply With all the prevlsfons of the lease. II' Borrower acqultea fee title to the PrOperty, the leasef10ld and the fee title shall not merge unless lender agrees to the merger In writing. 7. Protection 01 Lenders Rights In 1he!property. If Borrowerfails to perfonTI the covenants and agreementS contained in this Security InsWment. orthere Is a leg,a' pro~edins ~at m~y slgnlficantly affect Lender'srlghts In the Property (such as a prgceecling In bankruptcy, probate" for condefJ'lnatlon or forfeltur~ ~tO ~orc:e laws or regulations), then lsnder may do and pay for whatever Is necessary to protectthe value of the ProFllrty and Lender's righ~ In ~e PtQperty, Lender's actions may in,elude paying any sums secured by alien which has priority over this Security Instrument, appearing in dourt, paying reasonable attorneys' fees and enterIng on the Property to make repalrs. Although Lender may take ac:tion under this paragJph Jr. Lender does not have to do so. Myamounts disbursed by Lender under1hlsl~faph: 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms orpavment:~these amounts shall bear interest from the date of disbursement atthe Note rate and shall be payable, wIth lmerest. upon notice fro.i, :Lender.tO..,Borrower requesting payment... ' ", I';!' 8~ Mortgage Insurance. If Lsnclsd~q~lteq 1tI0rtgage insurance as a condition ~:m~ng the loan.secured bythi$ Security Instrument, tlol'l'QWElr 1f1aR pay1ha premiums requi~e~ tF ~ai~taln ,the mortgage insurancs .In; fisct. Ir, for any reason, the mortgage insurance coverllQe requIred by ~er lapses or ceases tq b~ (n ~edi ~Borrower shaU pay the premium~ requited to obtain coverage wbstantlally equlvalen~ to the m~age Insurance previously In ~~9t.,at B: cost'substantially equiva'ent,t~~:e cost: to BorrOwer of the mortgage Insurance previously In effect, from an alternate mortgage ln~rilr ~P:Proiied by Lender. if substantially equivalent mortg~e Insurance coverage 1$ not avalIab[e,:8on'0wer shall pay to Lender each mon~I~~m, equal to one.twelfth of the yearly m~rtg,age, 1~C&preml~m being ~ by Borrower when the Insurance coverage la~d or ceased to 'b1e!in ,effect Lsnderwlll accept, use and ~in'thes~ payments as a lossl'e$8rve In lieu of mortgage Imluranoe. l.o$s I'8SeMt payments may, ~q lorg'ar b. required, at the option of Lender. if mortgage Insurance coverage Qn the amount and tot the period that Lender requires} 'pr9vjd~d ~y ~ insurer approved by Lender ~aJn becomes available a~d Is obtained. Borrower shall pay the premiums required 10 maintaIn mortg~e !nsurance In effect, orto provide a loss:reserve. until the requirement for mortgage ,I'" ' ". ' Insurance ends In ~OCOrdance with any wn'tten agll8fT~nt be&ieen BClnower and Lender or a~plJoaI:lle law. 9. Inspection: Lender or its agent may ~~ re'asonable entries upon and InspectIons of the Property. Lender shall give Borrower notice at the time of or prior to an inspection Speci~~g ireaso~ls calise for the Inspecticn, ' 10. Condemnation. The proceeds of anya.,vai'd or claim for damages, dir~ or c:onsequential,In connection with anycondemnation or other taking of any p'art of the' Property, or for co.Qe~e(i In Reu of condemnation, are her~by assrgned and shall be paId 10 Lender. , , 1'1" ," I In the eventof a 10tal takl'ng ofthe'Property,'~e prOC?Hds shall be applied to the sums ~red by thIs ~curity Instnlment, whe1her or not then due, with any llXcess p;1Id to 80rrower~ In fl;a event of a partial takIng of the Propurty In which the fair market value of the Prope~ Immediately lieforethataklng' Is equal to 9t!g~terthan the amount of the $\Ims seCured by this Security Instrument imm~dlately before the tald"9' unless Borrowerandlendet othe~ ,agree In ",riling, the sums secured blfthls Security InstRlmentshall be reduced by the amount of the proceeds mu[tlplled by the foJ!owl\lg fraction: (a) the total amol.lllt of the sums secured immediately befcm the taking, divided by (b) the fair. market vaiue cf the PropertY l~m~dla1elY before the taking, Arlybalan~ shall be paid to Borrowur. In the event of a partial takIng of the Property Iii whIch the fa[r- rrja!'k~ Value of the Property immediately ~efore the taking Is less than the amount of the sums secured immediately before the taking,! unl~$S Borrower and Lender otherwise a$tee In writing orunless appRcable law otharwise provides, the ~C8ed~;shan be applied to the Sl,/~ ,~~red by this Seourity Jnstrumentwhe~l'1er or not the Sl,/ms are th~n due. If the Property Is ~bandoned by Borrower, or ~'! a~r notice by Lenderto Borrower that ~8 condemnor offers to make an award or s-et1le a claIm fordama,ges, Borrowerfalls ~ respond to Lery~er!withln, 30 days afterthe date the notl~e Is given, Lander Is authorIzed to collect and apply the proceeds, at Its optloh, either to re~tallon or repair of the Property or to the sums secured by this Security Instrument, whether or rmthen due. Unless Lsnder and Borrower otherwise agree in v.titing, any application of proceeds to principal shall not extend or postpone the due date of thli monttllY paymerits refel'(ed to In paragraph$'~ ~n!:i 2 or:Chatl.Qe the amount of liUch payment$.. 11. Borrower NQt R~eased; Forbe.ra~ce 8y Lender Not a Waiver. ~eRSlori of tlW time for payment or modiflClltlon of amortization of ftje sums $&CUrad by th1s SecUrttY !nstr'Ument grantud by Lender to any successor in Interest of Borrower sIlall not operate to release the llabmty Clfthe original Borrower ofBorr~er's successors In Interest Lender shall not be tequlred to oommence proceedings against any successor In Interest or refuse to. extend time for payment or otherwise modify am,ortitation of the sums secured by this Sacurity Instrument by reason of any demand made by the ~riginal80ITOwer or Bcrrawer's suc:cesso~ :In interest. My forbearance by lender in exercising any right or remedy ~haIl notbe a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; JQint and 'Several Uabilityj Coo.signers. The covenants and agreements. of thts Security Instrument shan bind and benefit the su~ssor$8nci assIsnsof Lender and Borrower, Sl.lbjectto the provisions of paraQraph 17. Borrower'a covenants and agJUments shall be JoInt ana several. MY Borrower who co-signs this Security Instrument but does not execute the Nots: <a) Is co-s1gnlng this Security Instrument only:to mortgage, gram and convey that BOrrower's Interest In the Property under the terms of this Sectlrltylnstrument; (b) Is not perSonally obrrgated to pay the sums sacured by,this Security Instrument; and (c) agrees that lender and any,other Borrower mll'Ji agree to elctend. modify, forbear or make any accommodations with regard to the terms of this Secority Instrument or the Note without that Borrower's consont 13. Loan Charges. lfthe loan secured by1hls Security Instrument Is subject to a :Iaw which sets maximum loan charges, and that law Is finally interpl'8ted so that the Interest or other loan charges oollected orto be collected In connoction with the loan exceed the permitted limits, then: (a) Ulysuch loan charge shall be reduced by1he amount necessatyto reduoethe charge to the permitted limit: and (b) any sums already collected from Borrower whioh exceeded permitted li~its will be refunded to Borrower. Lender may ehoose to make this refund by 30392COf'.FRM Page 3 cf5pagas FcrmJ0J9 9f.1J . ~ "'--' ~~b;i~~k'%'i' 'W ;"",.~~ "" ,.:oL ^' "j reducing the prfncIpaI awed under the Note or by making a direct payment10 Sorrawer..1f a refund reduces prinelpa~ the ntductIon will be treated as a patHal prepayment wllhollt any prepayment charge under the Note. 14. Notices. Any nollw to Borrower provided for In this Security Instrument shan be ,given by delivering it or by mailing it by first elass mail unless applicable law requires use of another method. The notice shall be directacl to the Property Address or any other acld188S Botrowar deslgnat. by notlw to Lender. My nollce to l.ender shall be given by ffrstclass mall to lsnde"saddressstated hereIn or any other addl'GllS Lenderdeslgnatea by notice tCl BClrrower. My notiae provided for in lhIs 5scurtty Instrument shall be deemed to have been given io Borrower or Lenderwhen given as provided in this paragraph. 15. Governing LaW; Severability. ThIsSecurfty Instrumentshall be governed byfecletallaw and the law of the Jurisdiction In whlch the Property Is located. In the event that any prOvision or clause of this Security Instrument or the Note conflicts with applica!:lle law, such confflct shaH not affect oOIer provts.rons of this Security Instrument cr the Note which can be given effectwtthout the conflicting provision. To thIe end the provllllons of this Security Instrument and the Note are declared to be lJIMlrable. 16. BOlTOwer-s Copy. Borrower sl\all be given one conformed copy of !he Note and of this 5el:Urlty ln8Itument. 17. Transfer of the Property or a Beneficial Interest in BOlTOwer. If all or any part of the Property oranylnterest:in It l8aord or transferred (or If a beneflcfallnterest In Borrowerls sold ortransferred and Borrower is not anatural person) wfthout Lender's prfor written consent, Lendlilr may, at Its optlcn. require immediate paymantln full of all sums secured by this Security Instrument. Howewr, this opUon shall ~t be exetclsed by lender tf 8Xercl'se Is prohibited by federal law as. of the date ofthts Security Instrument. It Lender exercises this option, lsnt;ter shall give Borrower notice of acceleration. The notice shall provide a period of not leS$1han 20 days from the date the notice is c1envvl1ld or maIled .within which Borrower must pay all sums secured by this Security InsIr\lmenL If Borrower raBate pay these sums prior to the expiration of this periocl, lsnder may invoke any remedies permitted by this Security Instrument wrthclUtfurther notfCft or demand on Borrower. 18. Borrowers Right to ReInstate. If Borrower meets: certain CClndltlons, Borrower shall have the rlghtto haw enforcement of this Security InsItUment discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may spltCifyfor reinstatement) before sale.ofthe Property pursuant to any power of sale contained In this SeClJrity InstRlment; or (bl ,entJyof a Judgment enforcing this. Sec~rjty lnll'lrument. ThQS8 conditions are that Borrower: (a) pays.1.en'der all sums which then would be due under this Security InstR.Iment and the Nota as If no acoelaratlon had occurred; (1:1) Ctl1'8$ anydef8lllt of any,other ccivenalrts or agreements; (cl pa!isall 8XpeRSes Incurmd In ontordne this Security InslNment, Including, but not limited to, reasonable attorneys' fees; and Cd) taka$ $I,lctl action as l.ender may reasonably require lO 8S$W8 that the Uen of this Security Instrument, Lender's rights in the Property and Sorrower's obIlgatfon tel pay the sums secured by this. Security lnsttument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligation&: secured hereby shall remain fully effective as if no acceleraticn had occulT8d. Howtlver, thi$ right to reinstate shall not apply in the C888 of acceleraUon underpamgraph 17. 19. Sale of Note; Change of Loan Servieer. The Note or a paJtlallnterest In the Ncte (1ogetherwith this Security Instrument) may be soIcI one or more times wlthotd prior notice to Borrower. A sale may result In a change In the entity (known as the .Loan Servlcer") that coUecta monthly payments due under the Nota and this Security Instrument. There also may be one or more changel of the Loan Serv[car unrelated to a sale of the Note. lf1here Is a change of the Loan Servicer, Somlwerwlll be given written nctlce of the change In accordance with paragraplI 14 above and appUcable law. The notice will state the name and address of the new loan Servicer and the addl'8$$ to which payments should be made. The notice will also contain any other Information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, stcrage, or release of any Hazardous Substances on or In the_Property. Bonower shall not do, ncr allow anyone else to do, anything affecting the ProperLy1hatls In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of amaH quarrrities of Hazardous Substances that lUe generally reoognlzed to be appropriate 10 normal residential uses and to maintenance of the Ptopmy. Borrower shall promptly give Lender written notice of any investigation, claim, demand,lawsult or other aellon by any governmental or re;tllatory agency or privata party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any govemmental or regula10ry authority, that any removal or 01her remediation of any Ha%ardOl.lS SUbstance affel:tlng the Pfoperty Is neoessary, Borrowershall promptly taka all necessary remedial actions In accordanee with environmental Law. NJ used In this paragraph 20, "Hazardous Substanoes" are those substances defined as toxic or hazat'dous substances by Environmental Law and the fallowfngStlbslances: gasoline, kerosene, o1herflammabIe or toxlo petroleum products, toxic pestlcldBS and herbicides, volatile soIYents, matedals contaInIng asbestos orfotmaldehyde, and radioactive materials. !G used In this paragraph 20. "Environmental Law" means federal laws and laws of the jurbdlctlon whe11l the Property is located that relate 10 health, safety cr environmental protection. NON-UNIFORM COVENANTS. Eklrrower and l.enderflJrther ccvenantand agr88 as follows: 2.1. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breaoh of any oovenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall noUfy Borrower of. among other things: (allhe defaull;(bl the action required 10 cure the default; (clwhen the defauR.musl be oured; and (d) that failure to cut~ the default as -speei_fied may'result in ~cceleratfon of the $ums_secur~ by this Seourity Instrument, fOreclosure by judicial proceeding and sala ollheProperly. Lender shail further Inform Borrower oflhe rlghtto relnstilte after acceleration and the right 10 assert in the foreclosure proceeding the non-exlstence of a default or-any other defense of Borrower to acceleration and foreclosure. If the defauR Is not cured as specified, Lender at its option may require immediate payment In full of ail sums secured by1his Security Instrument without further demand and may foreclose this Security Insbument by judicial proceeding, Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this, paragraph 2.1, including, but not limited to, attorneys" fees and costs aftiUe evidence to the extent permitted by applicable law. 22. Release. Upon payment of ail sums secured by this Security tnstrumen~ this Security Instrument and the estate conveyed shaU terminate and beoome void. After such occurrence, Lander shall discharge and satisfy this Securfty Instrument withoutchargeto Borrower. 8o~r shall pay any recordatIon costs. 23. Waivers. Borrower, to the extent permitted by applicable law. waives and releases any error or defects in proceedings te enforce this Security Instrument, and hereby waives the benefrt of any present or future laws providing for stay of execution. extensIon of tlml!l, exemption from attachment, levy and sale, and homestead exemption. ~039~COP.FRM Pllge4clSpa.ges FcrmJ0399J90 -'" ~, ,-' ,~~-. ~."'ci;';""....L",,",_~-_' "3 ........,w-_ ~,,~ -~ . . (_'I ,.,,, " ',-, '- 24. Reinstatem,nt Period. Borrower's time to reinstatE! provided In paragraph 18 shall extend to one hour prlarta Ute commencement of blddJn~ at a sheriff's sale or ather sale pursuant to this Security Instrument. 25. Purchase ~oney Mortgage. If any of1he debtsacul1ld by this Security IMltument Is lentto Barrowllrta aequtntt/t!e to the Property, this Security Inslrumentshall b8 a purchase money mortgage. 26. Interest Rate After Judgment BolTOwer agl1les that the lnterm rate payabfe after ajudgrnentis entered on 1he Note or In an action of mortgage foreclo$lJre shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Seeurtty Instrument, the cOvenants and agreements of Nth such rider shaD be Incorporated Into and shall amend and supplement the oavenaots and agreements of this Security Instrument as Uthe r1der($) were a part of this Sacurlty Instrument [Check appllcable box(es)J 0 Adjustable Rate Rider 0 Condominium RIder 0 1-4 Family FUder 0 Graduated Payment RIder 0 Planned Unit Development Rider 0 BIweekly Payment RIder 0 BalloonFllder 0 Rate Improvement Rider 0 Second Home Fllder 0 Other(s) [speclfy] BY SIGNING BELOW, Bonower accepts and agrees to the tenns and covenants lXlntained in this Security Instrument and in any rider(s) ~=~~--- /" /l~ . .. .. .~.~.k.".~. ....................-;::;..~.........M_.....(Seal) ... ES E.'PEARSON .6ortower SeourllyNumb", 7'.>o~ 71f-80'lLi ....k...\.{",1.".I.I.......A:..J1QL.;L\c=-......................(S..ij ISTlNE A. PEARSgN .Borrowe, Soo'" Se~'lty Number. 50 7~-lq7D ......--...........................-.---.-.-..................--...-.-....(SeaI) .... .Borrower SocIal Security Number: ........................-..............-.................---........--......-(Se"l .... -Borrower Soclal Security Number: This Mortgage Prepared By: CORESTATES MORTGAGE SERVICES CORPORATION ONE HILLENDALE ROAD . PERKASIE. PA 18944 I hereby certlly that the address of the within Mortgagee is P.O. Box 239, One HiUendale Road, perkasle, A 18944. I hereby certify that this is a true and correct copy of the original mortgage recorded in f County, Authorized Signature Lender [Space Below This Une For Acl<nowledgmentl CwnG.u-[a;J. County ss: ..J {".111 I q q c. . beWre me, the ~-e(\~,",I'\:; A nA (\J..rr~inP 11 l'Prv-:<;r'" COMMONWEALTH OF PENNSYLVANiA, *" On thls. the J..Io undersigned officer, personally appeared da~ of tL.M.f4 F:. know to me (or satlsfactorlly proven) to be the person(s) whose name(s) Instrument and acknowledged '!hat J..h e"'j contained. IN WITNESS WHEFlEOF. 1 hereunto set my hand and official seal. 0: r.e.... subseribed to the within executed the same for the purposes herein lijW6 h (/~rru;ul[ 3OJ94COP.FAM Notarial Seal Lisa N. lehman, NOlary Public Camp Hill Bora, Cumberland County My Commission Expires Feb. 16, 1998 . 'Member. Pennsylvania Association of ~ta~es ot S page.. (I'le.Ylsad02/2e/94) 9 PENNSYLVANIA MTG. FOfm 3039 9/90 "~ L.,~'-!lJl.~~';..; q; - .'1 r" J ",--." ",'. ~ ~""",,,,,,,,~",,'''':'"' Loan #1911005989 a CHASE Chase Manhattan Mortgage Corporation 3415 Vision Drive Coiumbus,OH 43219-6009 1-800-848-9380 Collections 1-800-582-0542 TDDfText Telephone JAMES E. PEARSON- 1927 KENT DR CAMP HILL, PA 17011-5932 05/05/2001 Certified Mail Return Receipt Requested RE: Loan #1911005989 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH ,A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. t:)tr\\~\1 ~ "" > , -,d. - -. -~ ""',;i&:~JiG"m'&~,I; Loan #1911005989 o CHASE Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus,OH 43219-6009 1-800-848-9380 Collections 1-800-582-0542 TDDlText Telephone CHRISTINE A. PEARSON 1927 KENT DR CAMP HILL, PA 17011-5932 05/05/2001 Certified Mail Return Receipt Requested RE: Loan #1911005989 ACT 91 NOTICE T AKEACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXH\B\T A. 30 -.,^~'....,. ..~,~ -~~ . - ~ ,,~-,I ' 1-" ., --~',~- JAMES E. PEARSON 05/05/2001 Page 2 LA NOTI.FJ,CACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFlCACION OB'l'E:NGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DELDERECHD A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JAMES E. PEARSON CHRISTINE A. PEARSON PROPERTY ADDRESS: 1927 .KENT DR, CAMP HILL, PA 17011-0000 LOAN NUMBER: 1911005989 Current Lender/Service: Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FoRECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and ,attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXH\6\1 A """"'.... ~ , - ~ . ~ ,", -,~ "-'-'~~''f'~~'" ""~"li"""'''''''''i<<I!;"j o CHASE Certified Mail JAMES E. PEARSON 05/05/2001 Page 3 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 telephone numbers of designated consumer credit counseling agencies for the countv in which the propertv 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 immediate1v of your intentions. APPLICATION FOR MORTGAGE ASSISTAllCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOlt THE OTHER TIME PERIODS SET FORm IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMIIDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTAllCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS All ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. ) EXH\B\T A ""I ,J - -"'''''\~llimti\J;!,"'" JAMES E. PEARSON 05/05/2001 Page 4 HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl1; it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1927 KENT DR, CAMP HILL, PA 17011-0000 IS SERIOUSLY .IN DEFAULT because: yOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Starting March 2001 through May 2001 at $652.56 per month. Total Monthly Payments Past Due Late Charl1;es Other Fees $1,957.68 $42.00 $57.11 TOTAL AMOUNT DUE TO CURE DEFAULT: $2,056.79 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PATING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,056.79, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash, cashier's check, certified check or money order made payable and sent to Chase Manhattan Mortl1;al1;e Corporation. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril1;hts to accelerate the mortl1;al1;e debt. This means that the entire outstanding balance of this debt will be . considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortl1;al1;ed property. E){.r\\art Po. "73." c' - - I ,t,,~". ~. Jli6iiIi.W~";cr",',;i,~.';b_,oi.d'J' o CHASE Certified Mail JAMES E. PEARSON 05/05/2001 Page 5 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay' off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if the legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added t,o the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and bv performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) 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: Name of Lender: Chase Manhattan Mortgage Corporation Address: 3415 Vision Drive Columbus, OH 43219-6009 Phone Number: (800) 848-9380 Fax Number: (614) 422-5381 Contact Person: Scott Casteel EXH\alT A .ill ~.~ , l_ " " .', -.-< ~_ -I " ...' -'"'l,~~~<tt,",C JAMES E. PEARSON 05/05/2001 Page 6 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 1iv€ 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 a.ny time. ASSUMPTION OF MORTGAGE - You might be eligible to 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. To determine eligibility you must contact our office to verify the assumabi1ity of your property. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Chase Manhattan Mortgage Corporation is attempting to collect a debt and any information obtained will be used for that purpose. Sincerely, FEDERAL HOME LOAN MORTGAGE CORPORATION by ~ Ca.do1 Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation Enclosure 173.1/ML48465A.SA/Y2MCD/FRIDAY EXHiB\T A "~w="'" ."..........~. -- "~ " "I ._~~. . y .;.,L.~".,_",-_ ="0 .-,;,J~ ~'-""L'L",",",'-',,,-:,~,,, PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming..clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, P A 17703 (570) 326-0587 FAX (570) 322-2197 CCCS ofNonheastem P A 1631 South Athenan St, Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS ofNonheastem PA 20 I Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. Market Street POB 1127 Wilkes-Barre, P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 1400 Abington Executive Park Suite I Clarks Summit PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 455-4994 Hazellown FAX (570) 455-5631-(Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COUNTY Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Booker T. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412)981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West3id.Street Waynesboro, PA 17268 (717) 762-3285 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League-of Metropolitan Harrisburg N. 6th Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 30 I "G" Street Carlisle, PA 17013 . (717)243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Dell)' Street Harrisburg, PA 17104 (717)232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St GettySburg, P A 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXrUBrT A ,~~ ~~ ~L ii'~_~~!iY.'~"~_, ' - '. , ALL THAT CERTAIN lot or parcel of land with the buildings and improvements thereon erected situate in Lower Allen Township. Cumberland County, Pennsylvania, more particularly bounded and described as lollows, to wit: BEGINNING at a point on the southeasterly side of Kent Drive (fifty feet wide) said point being on the dividing line between Lot No. 11 and Lot No.1 0; thence northeastwardly along the southeasterly side of Kent Drive, a distance of 50 feet to 8 point et the beginning of a curve at the intersection of the southeasterly side of Kent Drive and the southwesterly side 01 Letchworth Drive; thence by the same and curve to the right with a radiy,s of 25 feet. an arc distance of 39.27 feet to a point on the southwesterly side of Letchworth Drive; thance southeeetwardly by same. a distance of 50 feet to a point at a curve; thence still southeastwardly by the seme and by a curve to the left with a radius of 142.27 feet an arc distance of 40.36 feet to a point; thence southwestwardly by land of Highland Estates, a distance of SO.SS leetto e point on the dividing line between Lot No. 11 and Lot No.1 0; thence northwestwardly by said dividing line, a distance of 115 feet to a point, the place of BEGINNING. aEING Lot No. 10, Block E: on Plan No.4 of Highland Estatus dated March 16, 1949. and recorded in Plsn Book 4. Page 79 8r. c... Cumberland County Records. Being house No. 1927 Kent Drive. BEING the same premises which Audrey M. O'Toole by her deed dated October 25, 1978. and recorded on November e, '978 in the Cumberland County Recorder of Oeeds Office in Ceed Book 0.. Volume 28.. Page 249~ granted and conveyed unto Charles Hancock and Sarah Herncock.. his wife. Grantors herein. . PREMISES ON: 1927 KENT DRIVE;: , 4.SSlSTAIIT mmMr " _ L ,_ ,~. , _' ." -I. 'lll!tili!.iJ;(O,!li.'t_{" VF,RTFlC A TTON ROIERT lTOC:ICDI\LE hereby states that helshe is of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that helshe is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her lmowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: blll/Ol ~ ;~l;'- --';:*~r.>JiM:I>I1~!!iiM!;~~;!t"~'*;;~fjf_-"-'ll!i-"i(.H-;;-;:6L'i",",~J.;,iili.-<f,k,j:;ocir;>'~;i!",1l€,~~~~!t..;g,_ -~"-,- h'O~ ~~.iLij iili.r ,."," J~ ~ ....... 1:; "" " ~ " '" ~ '" ~\. ~^'f, "'~'<'i-",-.~ _'" .~_~ ,".." -""",~~'''''''.,-,~-",",_ -,hi'.,"" ,'~ ..~-, _~_'C,'-' ,'N ..". "'0'."' 'C'_',",", "w>","'~ ,,",'"_~~, __" ," y", _ C") ~ -UC cr}f -; ~;/ ;_:~ i~ :J>e: ?; .<: ~ ." :2~ r;? ".. , . -.\ n ~j .- t~f~ -, C> :0 '< GJ if:> J' '" -L ~ (j '" ..(;0 ~, .c ~@, t f . ,--- '~"llll~~~ , ~> ~wL -,. ,~ ~, . ~ -, Lt" ~~~J1i:!O,'1ti.W.i+'- FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. 01-3682 vs. JAMES E. PEARSON CHRISTINE A. PEARSON Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. "1-/&-()1 ~~ Frank Federman Attorney for Plaintiff Date