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HomeMy WebLinkAbout01-04851 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff v. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO THE PROTHONOTARY: Please enter a judgment by default in favor of the Plaintiff and against the Defendant(s) for failure to Answer the Complaint in the amount of seven thousand thirty-three and 60 /100 ($7,033.60) Dollars, plus interest at $1.85 per diem and costs and for foreclosure and sale of the mortgaged premises. I certify the Ten (10) Day Notice of Entry of Default pursuant to Rule 237.1 was mailed U. S. First Class Mail postage prepaid and is attached as Exhibit "A". Respectfully submitted, SAIDIS, SNUFF, FLOWER 8 LINDSAY SAIDIS SNUFF, FLOWER & LINDSAY ATI'ORNEYS•AT•LAW 2G W. High Street Carlisle, PA Dated ~~ "ar,-_ O Prothonotary AND NOW, thisd^~day of Q~d~tr• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE J a J. I ec~Y Es~'r e A rney f the Plai'ntfff" 2001, a defaultjudgment has been entered in the amount of seven thousand thirty-three and 60 /100 ($7,033.60) Dollars, plus interest at $1.85 per diem and costs and for foreclosure and sale of the mortgaged premises. ~~ ' Prothonotary Account no. 0275.040708-434 Docket no. 01-4851 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Plower 8 Lindsay Z6 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) T0: Walter A. Loomis 10283 Edison Road Osceola IN 46561 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF U. S. POSTAL SERVICE IAY 9E USEO Receivetl From: Plaintiff Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 OF MAILING Affix (ee herein stamps )s or meter postage and Is MAIL. OOES NOT Law Offices Saidis, Shuff, Flower & Lin 26 West High Street Carlisle PA 17013-2956 One piece o(oMinary mail adtlressetl lo: Walter A Loomis 10283 Edison Road Osceola IN 46561 _ ...yost mark. Inpurte of :_ PosUnaster for current 4 fee, ~'Y .1 j d L!} ~ i' . . UU~I ~,"' h , -4851 By: Jo a J. ecky, quire rney f r the P lntiff PS Porm 3817. January 2001 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shull, Flower 8 Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Eveiyne Loomis 10283 Edison Road Osceola IN 46561 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil C{VIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU fN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: U.S. POSTAL SERVfOE MAY BE USED FOR DOMES' Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 TE OF MAILING Alfiz tee here in stamps js pr.meter postage antl MAIL. DOES NOT '. Po;tmarb,,~~aaquire of ~8 .... __~__.__1 ___ ReceiveC From: ~~~- ~t~H y- Law Offices j y~ i Saidis, Shuff, Flower & Lindsay ~ ~ ~~'u'1 1 ~ 26 West High Street ~, +. _ Carlisle PA 17013-2956 - -ziS>' Ona Piece of ortlinary mail atltlressetl lo: Evelyne Loomis 10283 Edison Road Osceola IN 46561 -4851 By: %~ Jo na J. pecky, E uire ~ omey f r the PI iff PS Form 3817, January 2001 Jahnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower S Lindsay 26 Wast High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(sy TO: Walter A. Loomis 437 North 2ntl Street Wormleysburg, PA 17043 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT,q HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: l SERVICE FOR DOMES' Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 ~,~ _ oeu ., a+S6 TE OF MAILING AKZ fea Icere in stamps 18 ormeter postage and MAIL. DOES NOT - - Pes(mark. Inguire of ...~_ ~~•. ••.~~~~-- _--.. -.....-.~ • -~ Posarrdster far current . (ee. Received From[ Law Offices % Saidis, Shuff, Flower & Lindsa ~ By ' y _ o nna . Kop squire 26 West High Street '~ '" =` . >' Carlisle PA 17013-2956 r ~ ~ orn for the Plaintiff One piece of ortlinary mail atldressed to: WalterA Loomis 1-4851 437 North 2"tl Street .,. .. . Wormleysburg PA 17043 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower 8 Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) T0: Evelyne Loomis 437 North 2n° Street Wormleysburg, PA 17043 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association U.S. POSTAL SERVICE CERTIFICATE OF MAILING 7AY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT 'ROVIDE FOR INSURANCE-POSTMASTER __ -- Recaivetl Fmm: - - Law Offices ;' ~^ ~ Sc~ Saidis, Shuff, Flower & Lindsay .;1~- 26 West High Street ~ '' Carlisle PA 17013-2956 '~ ~Q~~ One piece of ordinary mail atltlressetl to: , Evelyne Loomis 437 Narth 2ntl Street Wormleysburg PA 17043 J a J. K ecky, E ire Att rney fof the PI ' iff fea.. ~~ ~~ ^ ~ ~ -. BY 2 Liberty Avenue Carlisle PA 17013 Affix fee here in stamps 66 or meter postage antl O$ post mark. Inpuire of Postmasterfor current 1-4851 PS Form 3817, January 2001 Johnna J. Kopecky, Esquire 10 # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243.6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Tenant in Pessession 437 North 2ntl Street Wormfeysburg, PA 17043 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association U.S. POSTAL SERVICE ,TE OF MAILING MAIL, HOES NOT , 2 Liberty Avenue Carlisle PA 17013 -i~~r ~~n ~~116 ~ ' A/fiz fee herein stamps ~$ , "ocmeter postage antl -- rasUngs@rlor Curr¢nt (ee: ~S ~' ~f, )1-4851 Received From: '~a:. Law Offices f , Saidis, Shuff, Flower & Lindsay ~;~ 26 West High Street ~-.:= Carlisle PA 17013-295fi ~'.. One piece of ordinary mail addressed to: Tenant in Possession 437 North 2"d Street _ Wormleysburg PA 17043 PS Form 3817, January 200'1 By: o nna J pecky, ire ~ttorne r the Plaintiff Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Walter A. Loomis 10283 Edison Road Osceola IN 46561 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Walter A. Loomis 10283 Edison Road Osceola IN 46561 Account no. 0275.040708-434 Docket no. 01-4851 Johnna J. Kopecky, Esquire ID # 53147 5aidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Evelyne. Loomis 10283 Edison Road Osceola IN 46561 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Evelyne Loomis 10283 Edison Road Osceola IN 46561 Account no. 0275.040708-434 Docket no. 01-4857 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Walter A.. Loomis 437 North 2nd Street Wormleysburg PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Walter A. Loomis 437 North 2"d Street Wormleysburg PA 17043 Account no. 0275.040708-434 Docket no. 01-4851 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Evelyne. Loomis 437 North 2"d Street Wormleysburg PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary 1 hereby certify that the name and address of the proper person to receive this notice is: Evelyne. Loomis 437 North 2nd Street Wormleysburg PA 17043 Account no. 0275.040708-434 Docket no. 01-4851 Johnna J. Kopecky, Esquire ID # 53147 Saidis, 5huff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243.6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) 70: Tenant in Possession 437 North 2nd Street Wormleysburg PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4851 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Tenant in Possession 437 North 2"d Street Wormleysburg PA 17043 Account no. 0275.040708-434 Docket no. 01-4851 (~ ~v ~ ~ ~ I~ 7 ~ ,; y -ti.. ~ ~ ~ ,~ vs ;_ u .~ ~ ~ i ~ ~ _~~ ~`i ~ ~_ ~ { A ~ `1j°~ K ~ n `a f ~~ _ ~ svt:v aaur._ .,> :;,:rr.+:F'>n+~r~a~v.<y;;,!s~lik?1R4Ti~ ,.. . SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-04851 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELLON BANK N A VS. LOOMIS WALTER A ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LOOMIS WALTER A , by United States Certified Mail postage prepaid, on the 22nd day of August ,2001 at 0000:00 HOURS, at 10283 EDISON RD OSCEOLA, IN 46561 a true and attested copy of the attached COMPLAINT - MORT FORE Together with receipt card was signed by 09/01/2001 . Additional Comments: TER A LOOMIS The returned on Sheriff's Costs: So answ Docketing 18.00 Service 10.40 Thomas Kline CERT MAIL 6.01 Sheriff of Cumberland County Surcharge 10.00 .00 44.41 Paid by SAIDIS SHUFF FLOWER & LINDSAY on 09/06/2001 . Sworn and subscrib d to before me this %a ~ -day of~~_ ~ZrvLA.D. ~ a.,on ~ pa, Pr t onotary ' SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-04851 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELLON BANK N A VS. LOOMIS WALTER A ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LOOMIS EVELYNE , by United States Certified Mail postage prepaid, on the 22nd day of August ,2001 at 0000:00 HOURS, at 10283 EDISON RD OSCEOLA, IN 46561 and attested copy of the attached COMPLAINT - MORT FORE with Together The returned receipt card was signed by WALTER A LOOMIS on 09/01/2001 . Additional Comments: Sheriff's Costs: So answe s: Docketing 6.00 ~~~ Service .00 . Thomas Kline CERT MAIL 6.01 Sheriff of Cumberland County Surcharge 10.00 .00 22.01 Paid by SAIDIS SHUFF FLOWER & LINDSAY on 09/06/2001 . Sworn and subscribe to before me this j2 ~ day of „~, ,lob/ A.D. /L~q~ r rhonotary 'T' a true ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is des'ved. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the malipiecer- or on the front if space permits. 1. Article Addressed to: ' - A. Receiver! by (Please Print Cleary) , C. Signature X ~ ~driYSZ4a ~ ^ Agent ^ Addressee D. Is derrvery address eM irom item 1? ~ Yas If YES, enter delivery address below: ^ No Evelyne Loomis _,. 10283 Edison Rd. Osceola, IN 46561 XXXCertified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restrictetl Delivery? (Extra Fae) ^ Yes 7099 32:20 'b609 -15.73 3068 01-4851 :civil PS Form 3811, July 1999 Domestic Retum Receipt tazs95-oo-M-oasz ^ Complete~Rems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print 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 permits. 1. Article Addressed to Walter A. Loomis 10283 Edison Rd. Osceola, IN 46561 A. Received by (Please Pdnt Clearly) G. Signature ^ Agent D. IS delivery adtlress~flereM from Hem 1? ^ Yes If YES, enter deH cry address below: ^ No 3. Service Type CBrtHied Mail ^ Express Mail ^ Registeretl ^ Retum Receipt for Memhandise ^ Insured Mail ^ C.O.D. 4. Restdcted Delivery? (Extre Fee) ^ ye5 2. Article Numb¢r (Copy from service label) : ; 7099 31220 00:09 1~7+3 3051: 01-=485:1 civil PS Fdrm 3311, July 1999 Domestic Retum Receipt 102595-OO-M-0952 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower 8 Lindsay 26 West High Street Carlisle, PA 170]3-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) I NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: ®~~ IZS~/ CIVIL ACTION -Law MORTGAGE FORECLOSURE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA ] 7013 717-249-3166 800 - 990 - 9108 NOTICIA SAIDIS S &I~PLO~ en-oGis.zT.uw ww atgns~r Carnale, PA Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en Ia corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADQ VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717-249-3166 800 - 990 - 9108 Account no. 0275.040708-434 i i~, ( ~ Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., vi. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -Law MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff, Mellon Bank N. A., by and through its attorneys, SAIDIS, SHUFF, 5AIDI5 sl~~~ au 1b W. High Street Cartlale, PA FLOWER & LINDSAY, and Sles this Complaint, alleging in support thereof the following: 1. Plaintiff, Mellon Bank, N. A., is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at Two Mellon Bank Center, Pittsburgh, Pennsylvania, 17259. 2. The defendant(s) are Walter A. Loomis and Evelyne Loomis is/aze an adult individual whose last known address is 437 North 2nd Street, W ormleysburg, PA 17043. 3. On or about November 24, 1997 the Defendants borrowed from and agreed to repay to Bank the sum of five thousand and 00/100 ($5,000.00 dollars ("Loan"). As security for the Loan, Defendants executed and delivered to Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon situate in the, Cumberland County, Commonwealth of Pennsylvania known and numbered as 437 North 2nd Street, Wormleysburg, PA 17043. At all other times relevant hereto, Defendants remain the record and sole owners of the property. A description of the property is attached hereto, made a part hereof and marked as Exhibit "A". 4. On or about November 19, 1997, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1417 Page 155. A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit "B". Account no. 0275.040708-434 2 5. The mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of defendants. h. Under the terms and condition of the Note ("Note"), defendants agreed to make monthly payments to Bank in the amount of one hundred twenty-seven and 60/100 dollars ($127.60) beginning December 26, 1997, and continuing each month thereafter. 7. Defendants have breached the terms and conditions of the Mortgage and Note and aze in default under such terms and conditions because they have failed to make payment required in accordance with the terms thereof December 26th, 2000 and subsequent months. 8. Defendants are presently indebted to Bank, as of July 25`x', 2001 in the amount seven thousand and thirty-three and 60/100 dollars ($7,033.60) itemized as follows: Principal Balance $5,352.7] Interest to and including 07/25/2001 at $1.85 per diem $ 457.69 Late Charges $ 23.20 Attorney collection fees $1,200.00 Total Due $7,033.60 SAiDIS s~~~ 1b W. High Street Carlisle, PA 9. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 8 above, cost incurred by Bank as a result of the institution of theses legal proceedings. 10. The obligation owed by Defendants to Bank continues to accrue interest thereon at the rate of $1.85 per diem, through the date of payment, including on and after the entry ofjudgment on this Complaint, and continues to accrue late charges, and attorneys fees. 11. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P. L. 385 No. 91, 35 P. S. Section 1680.401 c et seg., the Combined Act 91 /6 Notice, Notice of Intent to Foreclose and of Defendant's rights under said Act was forwarded to defendants on May 24, 2001 by United States mail, first class, postage pre-paid, and certified mail, return receipt requested. A copy of said Notice is attached hereto and marked as Exhibit "C". Account no. 0275.040708-434 12. Copies of the mailing receipts, postal forms 3817, evidencing receipt of said Notices are attached hereto and marked Exhibit "D". 13. As set forth above, Bank has made demand upon Defendants herein to cure the default under the aforesaid Mortgage and Note. However, Defendants have refused and failed and continues to refuse and fail to cure this default WHEREFORE, Plaintiff Mellon Bank, N. A, demands judgment against Walter A. Loomis and Evelyne Loomis, defendant(s) in the amount of seven thousand and thirty-three and 60/100 dollars ($7,033.60) plus interest at the rate of $1.85 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS S & 'E~FLQ~ u,~.~:~, u w algh s~ Carlisle, PA Dated: R8 - 01 - ey I Account no. 0275.040708-434 By: Jo a J. I cky, Esquire 531 26 West High Street Carlisle, PA 17013 717 - 243 - 6222 Attorney for Plaintiff C ~ e MELLON BANK N. A., Plaintiff vii. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL ACTION -Law MORTGAGE FORECLOSURE VERIFICATION I verify that statements made in this Complail7t are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Mellon Bank, N. A. By: ~~~ / Eileen Thiry C SAIDIS SHUFF, FLOWER & LINDSAY ATTORNCYS•AT•1.AW 26 W. High Street Carlisle, PA Dated: l:~~"~~ 5 ^. 1'ns WALTER A. LOONIS -- EVELYNE t,00N14 Th NELIAN BANR. N. A. NmWrt~nYl e• NELLOM BANE N. A. P.O. BO% 149 PtTT58URGH. PA 15270-0169 WIST47:1 ons oo4u LEGAL DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN BOROUGH OF WORHLEYSBURG IN THE COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA AND BEING DESCRIBED IN A DEED DATED 10/24/87 AND RECORDED 30/28(BJ AMONG THE LAND RECORDS OF THE COUNT'[ AND STATE SET FORTN ABOVE, AND REFERENCED AS FOLLOWS: BDO% L-30 PAGE 4. II ,}I.Nw1Y'YII 1' 11W I IIUVI IIt4f71MH I'an• ~.d ~ EXHIBIT A Mo~gcge Melton- 8arsk I liflil`IN1111111f1{I~IIIfIIi~NI IlnmNrmllA • Nrwidr1111A11•rrrnerfr a '.• •n. n . •.r ur.... 1Th \UMCnCe r. made Ihl. r•?~ Aa} rrl 1tOVEMREp '11r4elhre 1\ilh \II the hnrldmp• :o+d rmpr.xrmrnn r«'a rcd Ina'fa'r.n. Ine (rrla 1lf Cl nrol a('(•nrrcnnma. Ihoranma ln91 hrwa<n M•LrnpmC.:rml the rvacr.n•n• end rrmnmda r• rrnr•., n.In'., uAL7EP A. LOOMfS :mA ~ndn• rhrnad Cdl ul xhuh I• ha«~rn.Jhr aalird rln• '\Irlncatt+l Prnprrn"I. E•IELYtrF. L0DMt5 I hrlnndllcl aallr,l 1LmC.en v'-I and HELLO:: flARY.. ,•r. A. Illcrcmallcr aaliod'SLmcanr"1 :\. weal hrram, nw• laom '\1anAaFh.r'rclcr. rpdra'ulpalh and ar•Ilca uaah r,..rit \hvrpm~ un, and all em'h ry'rwm.hall h• hnmh and vu'mlp Ir.un.l M• the Icrma horcnl. \\~Km.•'a•AL!F.p A tOAMi3 EVELYttP. L(MRfS Iherrmallet maM ulnalh and nrliaa uach aalied'I4numorl U•1 tang mdchod nr \4nlFaavc m the pnnagrd aum r•1 •••56J. 301.70••• Ih•14tn IS A7101 .701 avldenaxJ M' a mnr. eunn:al ur kner of geJn apphrnum llhr Vnlr I Jahvl .'IOVENDER 17 1'an lw vw'arr mr ¢.n mm~l . n ,dl •uar. Jut . n xhn h nr.n W a.•nw Jut nnJa•r Ihr ].nc .unl .ula .awl all raw'mw•n..n Lna x.rl. ihcn'ul m whnla' m w I+a« LJI .•1 xlnah n hetomaOn a.JIoJ Ilh' .f IMIG;IIInIYh aIIJ la .pnna' IYlhrrm.mac .•I .III uMq;BIWIN under the Vela' and IhN \Inllp.l(a•. 11n«Qnlnw ht Ihcv prcKnl.. Imcndnrg 4a h lepalh~ Maml. .4•a•. ¢r.rnr, hnrF:nn• n1i anJ wmcr unto \hnlFagce :mJ Il..ucuranr. and aa.ipm all Ih:n nal.un prnpcm .uuahJ in CRMEERLAND ('rlrrnla Prnmrh'ania.:mJ mnn• Itmncularlr JawalhN m hahrhn 'A'.:m;rha•J hrrem :mJ made a p:m hrrcui: '1•.Ilaar \ml'LJhdd rhr •.uur an•.~\f.nry•.e.renJ In •m .a.ww an.l e.•x•n.. i'r•rr.er I•nrairlnl. Ilar.rrr, ih,a ui.• ...~ r: L:...d Ihr nblu.,r nnn. rha ~ aaw' ha R h rtanl•,'' .1,774 nr .ll.• hev:'. A \4wrC:rC•r Irl.o ~ m., x.rtr,mr..... e: ••r., enJ a!nar• Ih.n h'irwr: \h•tle.n••r xJl tup en.l Iv !o••m JI nr, r a. n,mr. .mJ a¢rea ma m. n nrr.nna.1 h• n m rravwrrl: Nlrh: url prwv tdnhn ~un.rm ••I \Lah':¢ror. \Lnlcarv•r .Rdl n•n a.wv .•r Ir rmlr 6 e.ll •.r rganahlr Itllr b. .dl or p.nl .•r Ilr.• ll••ng.:•..I :T.~tr m h• na a.•rm' ac•h.i In :rn\ nl ha 1 (V L•n1 :.r anhr'. ht .... .•(w'Lrrlrn nl law. ul In em nrha r mannrr. x ha Ihrr a. .looter'., nr ma. •lun6n da I hind: \I••nr,unn a.ur.mn Intl \L•np.vn..•w n. rlu' Ire vmrlo htlr lu Iho \h•rter;•~.t Pn•I•rn: ' :nnl a Irer .•1 ell hrn.. alarm.. .InJ rmumnren,~. .wr(•r rihr•v' o. xNah \Inncep'a ha. a••n•a nerd m x:nnn• lL •nr.ll.n uxrnam. that tlm \L•npanM 1•n•ry~m •h.dl ~.m«nur h• h' !ui•1 Iv'o :md altar .d .III hrm.. Lnm•..Ind rn. nmhrenar. rwopl a• varra.•h pcrmnla.l lx \t••. L•: ra• mxnunr IamnA; \In«e.mn xdl xhrn .. ali r.m.. •ma m. en I • h.n r...•n vat peMa rhr \Im h•.nvJ I•n qrm xinaJr n. .n.nn pn.vna •.rt tll. Irn rf tln, t6rrran att. •are~, ,r Lu1. h. ;. •. \Lr Mama at n. ...Ir .qnr, a: nr.n .ha xh rev. ..mean, In w•nh.l •hehn~ \r '.bnl, an-. Ir.pu.t"\1nn{•.n+•r .Ia.JI Jr:n.l x!ntrn ~al..•m. .n .JI vnh paanl. nr. n. \hnh'.Inr Fiph: }ton f.nvr .hall Laap the \h•neagnl Ihr•rynn m ¢.wd rcp.ur, cw. prn¢ n~la r•'.,.•.nanh xr.lr :mJ trar \4.rIC.1,4'nr wdl {r 1r4^ \L •Irl':H4'a'a .rrllhr•q/ed mpra'v'nlauar. to enrol ul'. yr iL•c \U ruparc'I En•ry'na .n am rc:w•n:rhlc uma lur Ih.' pmin.v' "I m.lta unY Ihr t'nndntnn nl the adorr.•,n•r,• I•rnry'rh Nnh:^II rlh' xlllhn nnv nl ••1 \h nry•.un;. \Unu•m+n .all nn1 pannn tem•xal m Jemohm n,.•1 rmpr. •ar nu nr. n, •.. ,n ha rr.llh r cra~trd..n EXNI~tT 8 - I•n.r l..r: Ih4-Mfrnppxl-Ploperry: con wll Mlxtppx pL•rmlr waNC of II M:xrp4+n huN mahram aml keep m bete am nyunad 1114 Mslnpprd-.Pmpmry Ix a1leOllrrn rd Impnrelllenla MW InW(anee ~9 Ia1N by pae IM' pra'mlYm• an •wh IMYmnm, m hernher erected on the Mnnppnl Pmpcrry whkh wamW MirnpRcc at its rde npum may dttt la do wr. In the adser+eh aRm ibmarkp saluc ss dctcrminW hY Mnnpp:e. ncm of hr••. Mnnppx .halt rise pramp nulwY In 1110 inxurcr and Mrxtppx. Manyakae a1 il. uprum• may Clrrcl Blalhr The Iefm 'IUrafGrws sunsmnoul' Incllwlaa arty la make poet! u( hru if ManRapx dslas con do sn wpsunm, rtutsnhlb, nr wash Ihat arc ur Nrmmc rcSulalW pmmpdy. and to ukc anv anion n Jttms nw~sary to by airy pmekhmehW aummiry heasnc of trniS IlammaMC, praervc Monpprr's ur ~MarrpRax'a riEhu umlm any e4phasivt. mmnise. rexlivc, mdirrutivc, ai nlhm pmpenia inaunncc prdiay, tllal may Ix haratNOUS Iu human hnllh m me emironmens, as well ss arry mamfmh nr sumlanp5 Iha1 arc listed in the Onird Sldla fkphlmenl -af Tmmpmarkm tlarardlrua Marerub Tahk, ssamndat from time Ix time Mslrtppx wanaW Ihat the Mnnppx Property dta con m4uia any tuatdoml summnca and Ihas nn ihnkal sahUlihirb haaetrklua m human hnf1A or shfcsy ate present nn rise Mnnppd Propcny, caasps ss prcvintrsry disclrxgl to MnrlpEee in wnxntk Msxlpp>r wili minc~r ou+c nor permit the dcpxlL notion, nr present of airy nannkrm .whsmrrocs or Ihn gnthm or asbtemx of arty physical condition haardom m human hnlsh nr safely on the NnnpRad Pmperry. Mnnppx will comply at Mnnppx: cxpcrt+e sorb all laws, rcpublhrnx, tuba, nrdinam'as, and nrdcn IN aryna m pwcrnmcnlal a6cnaien rsXardinp Ihr Mnnppd Pmperry, mw nr heroism in-cauleme, imtudin4 nor con Ifmilcd so sMxc rclann6 to hanrdrws suMlamas. it Munppx faib to do. srr, Mnnppx may, at ib nprkm, coke any xtkm h deem) in iu wle aiscrelkrn In he ncanury ur crttatnm such complbxc. Mrxtppx shah hose m sdrlipsiun nr tlahiliry as any time Wth rcprd to h4arddut suhasanas ar am nlhm physial ailWllinM whlCh~m4Y cast on me Monppal Property as arty bete-Mnnpsor Mll.lndcmnify amt defend Mnnppx apims arty and all IuMlltb nr hsaaa of any type whamassr which Msrnppx may inenr by rcawn of am hazardous +uMmm'at xr ether physkall mmlitkrm which may cabs nn the MiMppsl Pm~ as any Ilmc: pnMdal, hssusver, That if Mrrrtppx sha 1 akyuirc ssdc plra+ax+inn of the MmtpgN Rmperry, Monppor shall haw nu xbllptWn under this panpapd on aR0nn1 of arty asnditbn which may mcrn(tcr come Inm absence and whkh wss nos aauscd M a prcvhrusly atu11n6 mnditkr6 Mnnpprri nnhpsnms undm this paraamph shall aaMrc the tcrminasion and uthfxtinn of this Mxnpse. SawemM Mnnppx sMll keep me Monppal Pnrpcny imurn apimt kwr by (Irc. all olhcr hmms urnsempmrN M Inc term 'extended awcmFc; and such other risks aml hararda n M1Mppx shall rryuirc, in such amrmnu as Mnnppx shall rcqulrc. Mnnppx will purMase Ilmd imunnce ss and b Inc atenl required Ay Mnnppx. Thc imurm xr imurem MII he chrxcn M Mnnpprr, subjat rn appnrral hY Mdnppx, and appnwal snail con M nnrmonahy rntEheld. All Irnunmc pdhta shalt gmuin Ims payable daufe In fmtrr of Mnnppx and snail he aneebhle ny Inc Imurcr xnry ancr prim wrlucn myths by the Imnrm to Monp{oc. Monpllor atoll delher wnncn crWcnn of all fuO lssunnm ro Monpecc. Subject br the tly311b of Inc holden of any prmr rmMp6e, innuranae pnxccds .hall R appliarl hr rolaralhrn ur repair u( the Mnnpyax Pmpenc ur m radudmn a( the Onliptinn, ss Mnrspgar m:w daatmine in. nx wrk dLvrcrinn. Mrrnpprr hcrcm :rprynnls Mnnpgas and is suaaLtarn and aai4m as hlanpprri mininea:in.factm smdnrse Mnnpmr's name to am drab nr chnk which maY he pasahlc nr Mnnppx in order nr avllttt •uch imuranue prsraeglx. Piahsh: Mmtppx IrcreM• aFrcas In repay In Mnnppx, on demand all sums whx6 MonpFec ha. Atttgt afpar under P:utFmph• Fourth :cod Sa+'antn and am cvwn whicq Mnnpnpcc hiss mcurmd m rakm4 aanan• plrmnrc4 M Para4aph Si+rh, aml all am'h wm•, a. well a• am alMwnh' far wman \1onFaprp h:n pentN hr mdemmp M:rftp4ye umlcr Paiahrapn Siafh, <hall. unnl rcpard n. MnnRS4ceae a pan ul me Ohhpihm amt Rai mlerar ar the hiphrssl tall' pefmilled M' law Ihul 'con eacaY•dme the annlmatWl (ale Or cola nl ImCR~I applluhla• IU IhC OMiplnrn-nY Ih! Icrms of the Nmel. Nimhs Subject In the righu of the MrWcn ad arty prior mnnpRc, Mnnppx hcrcM sssiFm m Monpjftt ali pnxa:arb of any award in wnnathm with aM amdcmnmkrn nr other mkinE of the Mmtpgml Property ur any pan theory!. nr parmcm tut a+nva+anax in ficu of avndemnatkrn. Trash: If Ihu Mnnpprl Prnpcnr ur am plxtkrn therm! armi+a of a unit m a nrminmmium nr a planned nnil daelsrpmcns. Mnnppx shall perform all of Mmtppx i unlipsinm under the dttlarmum or unrnanu a7ntinF m pmrning Inc armluminium nr planmd unit da+chrpnxns. the by-laws, rulat, and re(;ulalirma of the nrminmmium m plannat unit dmMnpmcnl. anJ rclataW Jmvmcnu. If a armluminium ar planmW unn dasclopmenl rider b caccurcd try Mxrlppx aml recardrd wvn Ihix Mxnp`e. IR mm~ana and apn<menr• of woh ndcr shall Ire manrpxasal hrran a• rf me rider were a parr hemn. F7esenrh: In order m further ueurc .MnnRa4ce in the avem of dchrull m the parmcm of Inc Ohliprmn or in the pcrformame by Mnnpprt ul any nl Inc a»cnann. condilnrna, nr aRrwmcnu conlarnN ncrctn. Mirnppx hcnby axarFm and namten In Mnnppx and t1a suatxavrn and aasiRm any and all Icaas nn Inc Mnnpsed Pmpcny nr airy part thctarf, nrna CaalrnR ar whkh may hcrcafter M made at any rime, misclncr with srry and aU rcnki isauR aml pm0b arising from me Mnnptxd i3U97 10109 M1ee id3 II 'u. N....•n.r~ ..glr••.•r: PnlPtth umler wN kar+ur .nlKMly. \lurltaecc ahuil haac Na •dlh/',111x1O hr 1•r111•fm ,•r dWhar}ti aln' dlrl\ ~•r IIah1111Y umkt aucb kuaa'a, hu1 .hill h.n'c lull aulhunralmn u. r.•Ilrcl aq R•nN umlr) IM' 1f:Pa1 W •nhen+rv. Irr la4' Ixnaraautn Id and rem ehe JnmGr}nM Pnrpa'rn, aml or raac am' :n lx•n, IIIa`IIFdn/( kpl :glmn. rl daema nrnwn- h. (mrne SGptp}nxt ur thalca~ee: nKMa under wrn kaara. ~Lplgµlrt .lull nm ttd4til am rem in ad\ame nl the dale n n Jnp. 7rkMgi 1q IIIC a1L'nt Ihal !al apC Nntragk, t'I»YAagI. ,b :tGIraMMM lnMralgt'd M'rl'!n N INeilancll: thl ark rFflRrPll/a/hlq of Kl(mglt' alMlalgaal htTCM .n o1MiMlaa made M aT ~1nOl'J}or M CunnrelHlO •alln Ihn \1v114aCC Ptmca h• h• laly' ur Imdeadme. lal .m\ dclaull •xawa undo IM• term..d the \ulr .•1 am aCn'a'Inrlll a4dl'rx IIIC, •ta upnC. m u11NrwIV' cv'a ulyd aml dclnrr.al IN ,Im i4n n,ucr .n 1nn1~Y}+O m Vmlh'1'Ix•O unn IM' (IhIICallnn. Ub .n1a Jclanlr .xtura umhv the Ierma nl .ma .nher nnxlCara' ~•r •nln'r (nalfumrnl ah'annC :I Ircn •m Iha' ShnIC:rL'M IkuryYtC a'I ., huldef.u am hen encumhnne Ina \LgIC:ImW Pu•ry'm m .ma Ixmx.n Inmaad Ix hctM•nwh Iwn Ia rym.n or auln'n.n I•• Ihr lirq ul Ihh \IuOpaCel u•mml'M\'a A hncahnuta• ul aq\ p1hr1 rgKl'l'dlgC IU rtl'tnll' ufl Wah ha'n: 111 Im\ \furi}•n}+•1 Mvnmle IlhPhrnl nr mub'a an :halFpml'nl IW Ihr I+me111 ul rndwpv w Ip :rnv aau.n. Pl:glu.n ur .•IM•r I+nx'ta'dmC h (Ikrl ,u ummn•mcd umlrt am .late ,n tahvd hani,rxpa} .n rm..hrmti la+~. M }hul~lp.r ,rc amuna• clv, rr}nnlmt the a\aa'N.d tLT~aCr•q then. m ;nhhgl•n w euren.nr am riKhla xMah \Lnlpagce mm' ha\r unlh•1 Inc Ifrma nl IM• V•nc M Bq1 aRllYmlinl arlntipC Irjta\mefll UI, n/ rcl:mnC n•. .tm ItMlmn wd Ihr OMI6nxm to xMcn are tnM'tana• pnmdal M law. ~lenika}nY may harthw• uluM IM• \t..rlca}cvl IY,•1•rrn I•y uppnq•imlr fecal Pt.nc..hnry an.l v'll Ihr tit.m„rpN Pn•ry'fls lul IM' ar•Ilca llnn .n the 1)Fhl::pxm. L~r1M'1 ullh u•ala ul~aml and an amnnc~. •ammnanm raprr! h. the kaq't ul Ial NY: •d IIIr almnnll Am' •n NIY!1111, xhMne\l'f Ia Xrlalef. .n ,hl the ma\In111n1 .nnampl 11l'Imnled M' I:IN. ?hnlF:IC •I nehM h•fnry u;, nfa apd rchr•a+ :dl cram m rM' a.ud pr.nar;l.rtr•. .I:k r•f crtt'uhon, anJ IM nlM rl mgnwnan .unl vJrmnm •.I Ilmr ul IukmaTl. 1hNtneq/h: the nphla .md rrmcel:a of \:..n}aear pnnMa'J hrnnn. m.Ibe Smr, or m am rlhn a>•trorM'n1 v'aunn¢ n•~.nma'nl. ,u. .n rrl,nntc Irr. am nnlr.•r ul IM' (Ihh(;.ilWn. •rt ,rtM'rv rv' (•nn nla••1 M~ L.x. Mall he .umxlainr .md m:h h' pm.nrd mnCh. .•n. nn.'mh. .n anura•ndt .d SLnry•nN'r".., •Io .Lva;r. c,, .nul m:n M t'\cn lv',I as onell .,. peLL^adrt. n01 Ihr Luhn. 9• f\flalh' ..m •mh nCM .n nmoJa .h.,ll^.+n.. ,.; :n b....+.ux.'ll ,n ,r x,ugY ••r rrL av . •I Ilu .nm F.nMaenlh: -I he .•nan.nn.. •••n,hm'm .nxl .rtla. m: nt. a••nlamrd hclam •h.d1 rand IM Itrna. Ivlvp.A rr PRV'n}nlaca. nn•1 \uuaavna .•I V,mcaear, nml me nphh aml pnark}'a+ a..m.una,l hcr.m hall uxnc x. IM' awaa'aa.na and a\wena n111nr•I•.n•ae FiOr+mllq 'ITI. \Ln.gm' .h,dl 4 >,+ncrnnl m .dl rawryal• M rM' lax. rd Panmlh.mtl I! :mr (•nn nxm hercr•r •kdI hrt .ma pra••n h' hehf Im:dW •.r umnhnaumc. n,• n41cr ponru•n \hail M ,.net laJ Ihrrc M. and ihla \lurla•+n' -h •11 M~ umar:nal as d Inc ma.,hd ar unanlorto,hl. In.o nn•n lanl no.a I+~t n p.ul nl It,i • Ln ; -. wr': '~f a«nppv . z fScalt -. w^vr* evnrnc toonls x -. '~Y ~. Y (tieafl WNis ~hw14AI X. - ~ X 1&~all ~?IftllffW ot~tNMORysSN ~N6LLOIr 8hnn M. _A. .!dnnEat:ce wyhhie Mrnrd, AAtelt e0tfi({s teat pa pfirdyai p4laa Mhtaitttaa itN duyw.Kn. did atlmhieJbe that `~~ Jhl sipt the kuepdnF imaatrten4 anJ Chat the.amru `/i,.i_ ,neie ait aitdJt±trL lh ttafitmMyWtemJ,l -,ht:tevntnaalncrrRd me name. J~ I 1 N.avyl YU V ~LI\~~~~~ r: .:.. Uwe ru. • i.':a ~t..,,,... .a r^u+M llMnM. Yep .~.. ._.. .~, ~Cnunry Comthotravlfht#peatuyh+nia ~ - Counryd '~ Amnded fu rhs ODlee tJ the Na®1Ja/MDaeds Magid ha uW Gwnry en the J»~of .Id llionylte Btmh Volume , MEe glfttan try Ratq~IN Iha ral tNUid ollfoe the day atW year afnr4.aiJ. W.wn x l'd. 131197 30t 09 ~ ~ P:qn{.{5 tA1010nMCALTN 01 P6nn14YLYMIA j Cauay of ~i~..~. hi. ! ~ -::1a Qe /Qe ~`~` Jay tN `'7l L.~~ ..~ (~~. ~ ,/79/,Ah+rc me ~wmalN amc - -ttItLSYR A. cowfss cvet.Ynli t:00M3d nhn. heidp . 1'm+ NALTRA A. LOOHIS - BVBLYN6 i,DONIB Tn NELIAII BANR, N. A. Hmnik~awun MELLON BANR N. A. P.O. BOX 169 PITTSBVRGN, PA 153]0-0169 ~' Va1B747:1 O1?S PM11 LECAL DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN 80R0UGH OF WORMLEYSBURG IN THE COUNTY OP CUMBERLAND AND STATE OF PENNSYLVANIA AND BEING DESCRIBED IN A DEED DATED 10/24/87 AND RECORDED 10/28/87 AMONG THE LAND RECORDS OF THE COVNT'i AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: BODE L-30 PACE 4. II -pl,.Ye.ryY, I ,' .W I Iwr, Pam 4d < IIIM 14:01 fl';C,. -`. 5' ~°' tWcn.1 ! 2'~ 56 ._ M'~G FORECI,OSIJRE AREA _ 1'Ei,:4122341226 , @. 002 Melon Secured Personal Credit -- Lines"" Agreement `C"J - - ---- Mellon Bpnk Aceoant Agreement, the words "I", "me", and "my" mean anyone signing [his Agreement. The words "you" and 'dour" mean the Creditor Borrawin Money: Until 11! 14 JOT I may 6armw money firm you through my Mellon Secured Pe[sonal Cr[dif I_ine5st (•p~~•') aeatunt, up a [ e ere iCSmt s Hvt7 aTiove, can mgr spec,af checks; tty avadrawfng a tleposn atcaum (if indicated 6elowp of try a telephone iequest'for a transfer m a deposit account, if I have signed a sepata[c request For this setvtce. (If I have lien given a nogre ofrighr m cancel this~tnensactton, I. may not borrow unfit the cancellation pcnod has expFred and you have had a reasonable opportunity to determine that no one lies excrciseil'rhe right to cancel.) If Mellon Mortgage Company is the Creditor named shove, special checks volt be drawn on Mellon Bank, to which your,nghts and obligations unites ehis Agreement wtll be transferred. Applicable if.checked: ~f agree to borrow at feast S urroogh my PCL account immediately (or, if I have been Ewen a notice of right o t]CGI [bra [rausac[ion, when a canoe n ton pen ~kas czpue and yon have had a reasonable opportunity to dc[erminc that no one hasek6[e[sed theright ro cancel). Finance Charges: All rates ere simple irl[crest rates, The annual percentage cote Includes only in[crest and no[ other coals. Applicable d checked: ^'Ilte periodic and annual percearege rates below are estimated, based nn current ra[u at qte time of completion of this Agrccmeot. The ANNUAL PERCENTAGE RATE will change trpm time ro time haserl on an index. Sub ec[ [o the tiroimtions ezplamed below and on pe e 3pGeltis~ nt, changes in the ANNUM. PERCENTAGE RATE will tte determine adding a margin m the index- The margin w~l(~{ _- ra~~fi~ (t~f~en[a e poims m years of 365 days. [n years of 366 days, [he ANNUAL ['~RCENTAGE RATE will be ]/365th higher man m y F 3 ays. -hen the rate chan~es, the. new rate wd1 apply [o subsequent horrowngs end to the whole balance of borrowings uuts[andmgg ar that ume. Currently, me ptrin in rate of FINnIVCF CItnR4E is _ 7 % per day. 'this corresponds to an nNNl1A1, PERCENTAGC RATE of _ _ 1 ],__F SS4, ( 7 7__,68 °/^ in ycnrs of3(i!~ tlnys~. ~-- n Unlit me end of my^initial billing ~yc1eQ btlling gcle wnich txgms in ,the periodic race of F INANCIi CHARGE wiu be % per day. This corresponds td an ANNOAL gERCENTAGE ifw'I'E of 96 ( ro in yt:ars oF3Z>b ays , egimm~g on the first tlaayy of [he (oltowing bitting cccle, [he ANNUAL PERCENTAGE RATE w'iit eTinngo~Farniime to rime based on an codex. {However, tf your office shown above u located in Pennsylvania dr Delaware, and if any [eqwretl monthly payment beurmes 30 days s[ due, the annual perantagc rate will be based on the index hegtnnrng on the first day of the fitxt tiithng ryr3C that hegtns on or after that datap)~aSubfect to the limttanons explained below and on page 3 of [his Agreement, the ANNUAL PERCENTAGE RATE will be determined by addmRg a [~arlIppn to the index. The margQin will be percentage points m Yeats of 365 days. In years of 366 days, the pNNOALpERCENTACERATE will be 1/365 fg er an m years o S days. When tht: cafe changes, [hc new race will apply [a suttsequem borrowings and to the whole balance of borrowings outstanding at thei time. If the inirlal rate at FINANCE CHARGE were based on the index, i[ would tte °k day.'I71is pedalic ram mrrcsponds m an ANNUAL PERCENTAGE RATE of _ __ _ __,..._,..~~ ( m Y'"~ can oT3S6 days). If your office shown above is located in Pennsylvania or Delaware, and either of the folknxtin conditions occurs: fi for the second time in any one-year period, reqquired mo~tlhil]yy pa ants on rrty PCI_ necount became 30 days past doe, or ~i) any required monthly paytncnt becomes 60 days past due, [hen, oa [he 6rs[ day oFthe firs[ billing cccle txgmning on or after that bate ann subject ro [he hm(tauons atplamed below and on page 3 of tuts Agreement, [he margin applicable to my aaoun[ m years of 365 days wit( increase by 2 percentage pgmcs (m ears oC 366 daps, the ANI~U~I. PE~tCFhN'~wG~R.~TE will be ]/365th higher than in years of 365 doys). This increased margin volt remain m effect omit [he end of my rtfst d mg [.yc e w tc en a[ east one year after the last dace on which aay amount coved render [his Agreement was 30 or more days past due If your office shown above is ktea[ed in Pennsylvania or I)dawarc, and if myy o~utstanding batanoe of money borrowed e~tteeWs my credit limn on rbe tact day of an billing cycle, [he margin applicable m my account in years of 365 days wilt be: 2 percentage nits higher during [he foliawing cyGe {in pears of 366 days, the ANNUAL PERCENTAGE RATE Wdll be ]/365th hrgher tha^ in years ^f 365 days If 1 choose payment Method #1 and i changq or you require me to change, [o Pa meet Me[bod #2, then, on the first day of the first billing bydc X~ be inning on or after that dace, or on the first day of the first holing cycle in which the annual ppeerceotage rate is based on the index, d later, and subject ca the hmitatrons expleine4i below and on ppe8ge 3 of this Agreement, the nwr gin upptieah(c to my account in years Of 365 days will inercasr. days percentage poor[ (in years of 3tSb days, the ANNilAI. YERi:ENTACE RATE W'i't ~ t/eb5th higher than in yrars of 365 The annual percentage rate is a discounted rate based nn a separate agreement whrch I have entered into with you. If I discontinue [hot separate; agreement or you dismnrinue it because I no longer meet the reyurrements of coot agreemem m effect as qt the dace of [fits Agreement, but [ canlinue to make payments under Payment Method # I, then, on [he bra day of the First bilking ryc[e txRidning an or after [hat dale dr on the first day of [he first billing ryde m whuh the annual pcrcentiige oat is hasnt on the index if later, and subject [o the limitations explained t>clnw and on page 3 d( cols Agreement, me margin a~p rrablc m my accnum in years of 36~ days will increase by percentage point. Suhsequenuy, d I change or you rcquin: me ur c Lange ro paymem Method #2, [he margin applicable [o my aeeoun fn years of 365 days wdl muease by . __ _ _ pcrmorage point. (In years of 366 days, the AhlNUn1. PERCENTAGE RATE wt be ]665th higher than in years of 3(>5 days.) ' In no even[ will the ANNUAi, PERCENTAGE RATE extend 21.00 5I~ ( 21.05 % in ears of 366 daVS exec [that when the tsteetd applicable to my %ount has peen increased bYL percentage pot--" n-"t-s as pitrvide or n e tTi- ANNUAL PERCE~A(:I~RATE will nut ( 23.05 % in years of 366 days) and when the margin has Ixen increased pY 4 pereent~~e poins as prrnttled for above, c nLYEI[(.'EIP1Al;E"RATE will sot exceed 25. U0 % (___ 25.[77 96 in years of 366 days), gpplitablu if chcckctl: n[il [he end of nip btlling cycle which begins in `- - - ~ e peso is rate will not exceed the tarrcenc rate. Hnwes•cr, i[ your office shown above is located m Pennsylvania ar~eTawafe an3 if"any ~equired monthly payment becomes 30 days pest due, this lmtirarion on the periodic rate will ceasrm apply beginning an the First day of [he first bilking tycie beginning on or after that date. Spplicable if ehecked:~ I have paid (or will pay at the time 7 ewer into this agreemene) a FINANCECI[ARGE of Applicaole if checkeda °1f have paid (or wig pay et the time I enter into [his Agreement) a FINANCE CHARGE of S 5.00 ,far continuing verifuation o t e Hood hazard astus of the property given as security for my PCL account. Applicable i[nhtxrced: ^I have paid (or will pay et the time I enter into this Agrcnnen[) a Inan broker fee of S .This fee is a FWANCE CHARGE Repayment Options: 1 choose to make paymem as mdtcated ttektw. ~Paymcn[ Method #1: I authorize you to lake payments out of CHECKING ACCU[iNT 100-002-04Bti on the OS day of each month (1 understand chat when [his day or ch~sy nefore a is no[ a busm~ss day, you will take the ppayment on [he next u5meS5 sy ahcr me day I have chosen, and that when neither the day I have chosen nor the day txfore it is a business clay, you wits take the paymem on the second business day after the day I have chosen). I will keep a large enough belonee in this ar:caunt to cover the full amounts of me required payments. Payment Method #2: You will repave my hilt nu dre d'ay of each month. I will mail or Deliver [he amount baled sn that you will rccetve it no later than the 19th Say ahcr the hieing date (iirihe nexfbusineu day, iF the 79th day is not a business dny). If 1 have chosen Paymem Method #I, you may requve me to change to Payment Methrxl #2 tf I Fail at any time to have a large enou h balance m the depncn acrount shown shove ut cover the fi,a amount of a paymem requtre0 under [his Agnrrnent, or if the deposit Iteeoun[ rs elose~ I wiu make monthly paymeets of cooney borrowed and finance charge (and credit insurance charges, if applicable) calculated in the manner described on page 3 of this Agreement. This is a ~ Home Equity ~ Homeowner's PCL. account. CREnIT4R COPY Page 1 of 4 EXNIBlT ~ A~'G. -!.5 "~l i,W`;`1! '.2 5& MTG PQRSGL.OSI;RE ARluit DEL 4122347226 T. 003 n L+'ntil I wiU make monthly payments of hngnce: charge (and credit insurance charges, if apphcabtE) that have awv- ccTdur'n[g m'e p~ea~ng billing Cycle. (Ibex payments will not rcdutx. the ouiswnding balance of the money borrowed.) Aher [[fat date I will [Hake ttmn[hty paymetua of the money txtrcns4cd anA (it1%tnr4 charge (ttnd credl[ insurance charges, if appligble) calculated in [he manner described on page 3 of [his Agreement for a T-itime Eybity artounr. ' 'Itie length of my repaymuu period will depend on the balance outstanding ur me beginning of [Ue period, on the annual percentage races in eRec[ during die penal, anq if my account is wvered b credit rife insuranec, nn tut rate of charge for insurance to effect from time to ume. A[ higher annual percentage rates, my minimum momhlYy paymems may not he su[6cicnt to pay alt the finance charge that has accrued during the p[eculing hitting tyde. In [bis case my minimum payment will not reduce the outstanding balance of money borrowed, and the unpaid finance dtacge will redact my equity in my home. ^ I r oast that you apply a minimum amount of $_,_ „ __ ~ __,Y_ when calculating my monthly pepnent of money borrowed and finance charge. bverdraR Acceas_ I request you to pcnnit lxrrrowing through my PC;I. aeamm try crediturg these Mcf[on Bank deposit accounts when any account holder overdraws them. This rrvcrdraR access to my CI. account will not cover fees and charges imposed to connection with my deposit awount, nor will it cover my PCI. payment if I have chosen ca have my YCI. payment taken from an account which is also listed for werdrah coverage. Overdraft ecrvnrage may not be available until the sirtb business day after the date of this Agreement. The deposit accounts lined txlow wilt be assessed the fees disdosrd for [his service in the Cunsu mar Serviws Price Schedule, which may change From ume [a time. Acmrrnt Numiwr _... -_ Namrs ~f Owncr>a of Aruount ---_..____._ _.~ . 100=002-0485 WALTER A LOOM~6._EVEL.YNE L.O('1MI3 unders[8~ account rate above unll fie credited in a mtnimuiri amnunr n each ay on which there are one ar more riverdmtls on that account. 1 also understand uta[ taking mo~ey~out of these accoums by any naahad rosy result in an overdraft borrowing through my PCL account. 7hereforo, by signing this Agreement, I Am rcyuesting you to penny the borrowing Of money through my PCL ocrnnnt by the use of any card or identification number with which any person con make wfthdrawafs Lnm any of the deposit acCntmtb listed above. (Horrtrving try the ux of a card or identification number may, nn cecasion, be amporarity unavailable.) Fees: I will pay the fern which are indicated below. Ariaual Fee I'ee for recording mortgage or deed Of tins[ in public. rewrds (mortgage (deed of oust is a security interest m real property) Feu for release of mortgage or deed of [rust in public rcmrds (estimated based On current rates) Closing Costs: Appraisal fee (to determine the vane Of property given as security) Tide search (to determine ownership of property given as security) Title insurance Fee for verification of flood hazard status of property given as xwriry Se[tlemcnt m closing fee Copy of check or Omer document (per page) Fce for snipping payment of special check Acwrdacion Tax 5. I 25.50 g_ _ 12.00 S 14.00 j 0.00 $ 0.00 S I have entered into e xperace agreement with you providing [hat me anmial fee win not be charged on this account. If I discontinue that ~arate agreemem or ou disixmtinue it because i no longer meet the requirements of that agreement in effect as of the date of this Agreement, the annual tie wUl be charged. Late Charge If I do not make n payment in full within 15 days after it is due, I will be charged %20.00 or 10% of the amount of [he scheduled payment, whicttevu is greater. Security Intertst Disclosure: You or anyone who acquires your rights under this Agreement (an "assignee")will have a security intcrrst in: ® real property deposits I have with you tx an assignee ^ henehtaalin[etestio land [rust Thu means that you or an assignee win have the right m take such property or money to pay all or part of my debt if it is not paid in accordance with the terms of this Agreement. Property which xturra other loans with you or an assignee may also seatre my PCL account NOTE Pages 3 and 4 of this Agreement contain additional terms and dlsclosurrs. __ _. _. ,.~ia ,... ... .__.... ...._.. ....._... .... ... _. ... ,... ou are m e [o guarantee t is a t. ink care ally before you do so. If the borrower doesn't pay [he deb[, you will have to. He sure you can afford m pay if you have to, and that you want to accept this rupansihiliry. You may have to pay up [o the full amount of the debt if the MrrOwer does no[ pay. You may atw have to pay late fees or iollection costs, which increase this amount. The Creditor can eoUea min deb[ from you wittwut first trying [o coltea from [hc txirarver. the Creditor tan use the same collection methods :+gainsr you rho[ ran lx uxd against the borrower, such as suing you, garnishing your wages, etc. If this tlcbt is ever in default, chat fay may txeomc a part of your credit record. this notice is not the cantina that makes you liable for the debt. tdALTPR A LOOMIS ( ~ EVELYNE LCX)MIS Seal ~~ ~ ~,,~~.~~ Seal ~._ F ) ~'r oTr+~ r ~ -_~.. _ Seal ~L~. _ ~' -_~'~7~__''~ (SwD If app4cahle, this line of credit accoum corresponds to package demand deposit ac cunt Package xtvice indita[or o0 Package servim fxnetit: ^ annual fee waiver ^ annual fee waiver end APR discount 111497 16:48 10/01/1997/ 0275 /00000 / - Pege2of4 A'~'G. -'S''~~~ (W59! ,2:59 MTG FORECLOSURE AuxA '`E1..4;22341226 P. 004 r . IL•7)14 Rn.(10/97) LC.BA~ LD lU97 Balance ou which Finance Charge Is Calculated: Thr 6nanrx'churge will: bq charged pn each txrrrrnving [ran [he dart you ledd the rnonry until i[ is repaid. I agree [n pay die finance diarge,. as calCUliiied iit [his Ag"reetnent, on [he amount of any won judgment againkt me for any borrowixg until i[ is Paid. You wi{I ulculs,te the finance charge aJ multiplying the periodic rate by the "average dairy ba{ante" pf bnrFawings io my aGGlrunt end multiplying d,e resulting amount try the number of days in the billing cyNe. To get the "average dally balance,' silo take the beginning balaoa each day doting the hi{ling cycle, ~adtl any new borrowings, and subtract nay payments, credits, unpaid fnance charges, and unpaid insurance charges. "Itis gives you the deity balance. Then you add up atI the daily balances for [he biking cycle anA divide the inlet by the number of days in the billing cycle. Tlu result is the "average daily balance." Rote (]ranges: the value of Nc index will be decrmined on the last day of each month, and wilt be the average dismunt rate on 3-month llnitetl States Treasury Bttla sec at the tr,ost recent weekly auction held prior to the 25th Any of that monttp, as publ;shed try the Hoard of Gltvernars of ilia Federal Rrscrve System in the Fetleml Reserve Bulletin, rounded to the nearest .)% Any change in ilia annua[ percentage rate will take effect on [he first day of the billing cycle that begins in the following month. In no event will the annual percentage rate in any billing cycle exceed the higher[ rate permiucd at arty time during that bitting cycie by applicable state or federal law (im:h,ding statutes, rules, and regulations}. [f, in dte fumrc, the index is no longer available, you can use another index in its plea, and, if necessary, adjust the number o[ percentage points which you add to the index m determine my rate of tinenrx charge, provided that the new index and margin carob in a rate subatemia0y similar to the rate N effect at the time the original index became unavailable and that d,r. hiswry (i[ any) of movements of the new index has been substantially similar to that of the original index. An increase in the annual percentage rate may take ttte form nE higher paymem amounts or additional payments Repayment: if more than one person is signing this Agreement, you do not have t^ send more than pee sra[emem; nor do you have to send any statement that is not requiretl by law_ Fach person signing this Agreement is obligated to repay all amounts owed under this Agreement, whether or not statements are scot. If I make a payment of part pf the amount I pwe you end you actxpt it, even though it is designated 8S fun payment, I win still trove the rest of the money I should have paid. I may pay all or any pen ^f the nutstanding balance of money borrowed before it is dot, witlrouc any pena[ry. Payments wnll be applied in the following order. elnanee charge that bas acGr„ed through the end of the preceding billing ryde, txedit insuranoe charges that have arxrued through the end ^f [he preceding bitting cycle, ¢rincipal receivable (explained belrnv), annum [cc, and late charge "Principal reccirable" is a portion of the outstanding balance of money borrowed. 7T1is amoum is determined et the lime the m0ndtly payment of money bprrowcd, finance charge, and credit insurance charges is billed or taken from a deptisl[ account, and u (tic difference between the cowl amoum of the payment and the sum of finance and credit {nsurance charges that have accrued through the end of the preceding billing cycle Payments received on Saturdays, Sundays, or hglidays wilt tx credited as if made nn the following business day. If this Agmcment prtvides for monthly payments of money irorrtlwed and finance G,arge a[ all times when cronies is aved under this Agrenmcm, the amounts of my payments (istcluding credo insurance charges, if applicable) wilt bc. talculateti at the close of business [In the firs[ business day that is at Teas[ 15 days aher the Jay of [he month T have chosen for you to prepare my bill or take my payment Cram a deposit account. If this agreement provides for peyrnents wnsisting only of finance charge (and credit insurance charges, if applicable) far a period of time, the amounts of my sui>sequem monthly payments of money Ixlrrowed and hnance charge (and reedit insurance rfiarges, if appliable wig he calculated at [he close o[ nosiness nn the data chat period ends, and then at the dose of business on the first business day the[ is el (cast l~days after the day of the month I have chosen for you to prepare my bill or take my paymem fi ^m a deposit account. ' Ytro vriff calculate a new payment amount if there has been a borrowing on my PCI, acCOUnI or if ilia periodk rate has changed. To calculate the payment amnun[, you will multiply the applicable paymem faemr From the schedule trelpw by the outstanding balance of money borrowed al me close of business on the paymem calculation dart: following the most recent borrowing. Zhu calculation will be rounded to the nazi higher dollar. You will change me payment amount only if me calculation results in a change of more than S5. Homeowner's Accounts CYrrent ANNI]AL Parmcn, PERCENTAGE R.tTE F'Ador (Ptdodlc tilt:365) Home Equity Accounts CurnnI ANNUAL payment PERCENTAGE RATE FAet9r (Periodic talc x 365) 10.90 90 .00 - ta50 .0110 9 IO.5L - 12.00 .01211 - 286 -19.70 .0 LO 12.01-13.50 .0130 19.71- I6.SS .0220 13.51- 15.00 .0190 16.%-18.30 .D230 LS.Dl -ib.5x .0150 18.11.;n,OS A290 16.51-18.00 .0161 2x.06.21.75 .0250 1&Ol -1950 .0172 51.76 And Alwve .0251 19.51 - 21.00 .Oi83 21.01 and abov .(1191 Rcgardtess of the calculation described above, the required payment will not tee less m $f00 any higher minimum i kraut requested in this Agreement. (however, the payment wix xever be more than the m[a1 amount I owe} i, _}y Changing or Closing my PCL Account: T}cis agreement permits you to make r:cnail, changes to the terms of my PCL acwunt at specihed umu or upon the oautrcr,m of specified events. Uruler "Rcpayntent Options" nn page i of this Agrcrmcnt, silo can requirc,me to change from Payment MethW #1 to Payment Method St2 under certain conditions. This Agreement may also provide, oa pnge 1 under "Finance Charges,' [hat my annual percentage rate will increase if I change, or you require me to change from Payn,rn[ Method #1 to Peymrnt Method #2, or if a separate a }~`feement prrlviding for a discounted rate is dlaronitnued under certain rAndltlons. X^u will have the right tin close my PCB. account and require me to pay you immediately, in one payrncnt,-all amounts that I owe under [his Agrcemem (provided you have mmpbea with any law roquinng you [^ give me nohcc and an opponunity [o remedy the problem), it - I have engaged in fraud ru material miareprescnlslipn in wnncetion with my PCL arcamr, - I fat) co meet any of [he repeymem terms of this Agreemcm; - my anion or inecdon adversety affects any property securing my PCL armuxt or your rights in such property; - I sen or otherwise transfer my ownership of rbe real propery securing my NCI. accoum m someone who is not a signer of the mortgage, deed al trust, or other security instr+,menc, - I die, and my death will result in transfer of my ownership of the real property securing my PCL account to someone who is not a signet of the mpngagc, deed of [rust, or other security insrumem; -~ everyone who si~neA this agmemem has died; or - someone who signed this Agrcemem is an executive officer, as defined in Federal Reserve Eloard Regulation O, of the Creditor, and the condition described in [he Loan Acceleration Agreemcn! executed by that person has occurred. Ynu win have the right to prohibit additional bnrrowins through my PCL account or reduce the credit limit of my pCL account For any period during which: - anyone signing this Agreerucnt requests you ro do s^; - the value of the dwelling securing my PCL account declines s,gnificently below its appraised value for purposes of the atxvunt; - you ccasonably believe i will not be able to meet the repayment req,:iremens of this Agreement hreau9G of a material change in my fnm[ciat rlCCnlntlallee4; ' - I file for ar emplaned in bankruptq; -guvemmenc action a taken which wnula prevem you from imposing Inc annual percentage rate provided for in this Agreement, or impairs your security interest in the real property securing my PCL account to [he extent chat ilia value of that security interest a las than 720°k of the credit IiA7it; - a regulatory agency has notified you that it would constitute an unsafe and unsound practice to continue to permit bllrrtlwings [hrough my PCL atcouot; - the mardmum annual percextagc rate is reached; or - I am in default of a material obligation under this Agreement. The following obligations are arnsidered to be materiel obligations: A to pay all amounts.which t am obligated to pny to you in accordance with the terms of this Agreement nr any other agrccmen[; t m avoid any action ^r inaction which would adversely affect any property securing my PCI_ accoum tin your rights in such property; r m keep you informed at all times of my current address; GREDITTOH COpy o..,.o v .,ra ...r A'J~. -'.5' ~' !4VR~! '.3:OQ MTG .°ORECI,OSIjRF t1RGp ~ ~ 9?iL:~122347226 __ _ _~'. 005 • ~t ~inr rcquesi, ur give cnu e copy J( my I'cderaf inr.2~nC ta< rraurry, including at! scha:dules, aoachrnents, and exhinns, eac~t wnhut 3n days abet l Ede u, and to updam at any time any nrfrn etauon wtrrc:h [ gave ynu'm conneuion with my application; to giv< ynu a security in[ercu m other real prolxrry at least, equal tit value w your security inmres[ in the rest property mat originally secured this Agreement in the even mai anynnc sighing this Asreemcm or [he mnngage, deeA of [rust, or other security instnnnem mgriests thin you sausty or release the mortgage, deed of [rust, or other srcuriry instrument, or attempts [o omit the 7lmnunt nF indebtedness [bat will be secured by the mortgage, deed of crust, ur ther security instruarcnr; • to atmply with the provisions of the morgage, deeA of crust, Or other secun[y ins[n+mem which • • prohrbit the sale or other rmnsfer of the real property securing the account; • • prohibit the creation of interests u+ the property which would adversely affect your security interesq • • relate to tlx payment of taxes artd other charges against the property; • • relate [o [he physical conditipn of [he property; • • relate ro insurance on the property; • • relate to h[vutdous subs[aaocs On [he property; or • • Tecate to abandonment ar termination of a condominium project nr planned unit dcvelopmen[ or to management of the project or develnpmcn[. Your right to prohibit txrnrnvinga or r'Cduce the txadit cirri[ will cominue until I request reinstatement. of the original borrowing privilege and you have determined, or had a reasonable opponuniry to determine, that the conditions described Slx,ve no longer exist- You can require that my requut for reinstatement be in writing; if you prohibited borrowings or reduced the credit Vimit a[ the request of someone signing this ,agreement, you can require the request for reinstatement to lx signed by everyone obligated under this Agreement. If a is necessary Eor you to obtain en appraisal or s cretin report in order cd determine whether a request ro reinstate borrowing privileges i, justified, I will reimburse you for [he oast of such services (suhjerr to any limitations imposed try law). I[ you dose the account or prohibit addit+onat borrowings, you may stop allowing me to borrow money through the account immediately However, you may coruinue to allow bartna'ings through the account fur up to HI days. You can change this Agreement [n me cadent end N the manner permitled by applicable tederat and state law. If permitted by applicable law, any such chengc may, nn and abet its etfeceive date, apply to the whole balance of borrowings ou[s[aading at the[ time. Collection: If you use the services of any attattey w txillcc[ matey I owe or to proteU your rights under this Agreement, I will pay reasonable aunmcy's bees permitted try law, and d,e cnsu of any legal proceedings I hereby waive the heneffi of all Indiana valuation end appratsemen[ laws. Security Intet'esta: Regardless of (he [cons of any other document, my Pf.L arwunt will no[ be reeurtd by any deposit other than [host: which f have individually or jointty with you or with an instiunion which acquires your rights under this Agreement, nor by any other property, unless a security interest in such deposit oc other property has been given in a document referring speciFcatly to my PCL accoune Or another extension of aedit. Ali the provisions of any mortgage, deed of trust, or ocher security agreement watch I have signed to secure my PCL account are parC of this Agreement. IIayard Insurance on Real Pcoyrerty: The real proppeertyy securing my PCL account is required by the terms of the mortgage, deed of trust, or Omer security instrument to [x: insured against fire, flood, and outer hazards co inn umnt you require. I may obtain such rnsurancc from any insurance wmpa^y licensed to do business to the stale or other jurisdiction in which me property is boated, prov+ded [hat if your ofha shown on page 1 of rats Agreement is loped in Pennsylvania, i)elaware, or Virginia, the insurance company mast be one that is aeeep[abin [o you. II the required insurance is not purchased or main[amert or the premiums are not paid, you rosy, if you choose, obtain insurance or pay [he premiums for insurance. If you do tars, I wilt reimburse you immediately for alt casts which you incur. At the time you incur such casts or a[ any Eater limo, ynu may treat the unpaid balance of these crts[s es a borrowing through my PCL account. Credit Insurance: Yf I have signed a rsques[ for credit insurance, the provisions df mat form and the Cerulieate of Insurxoa ere a par[ of tars AgrccmwG Assignmertt: You can uansfer your tights and obhgahons under mix Agreemem to anyone you choose; however, my rights under this Agreement carrot be transferred [o anyone. Your Rights and Remedies: II, oa atry particular occasion or for a period of time, you do no[ charge me a rate or amtwnt which f am ubtigamd [o pay under tau Agreement, or charge me a lcyser rate or amount, or do no[ enforce a rigor nr remedy which you have under the Agreement, or enforce a right or remedy m a tosser extern mau pcrmi[ted by this Agrccmcn[, you will soil havn the rt~~ht to charge the fun rate nr amoum nr enforce the[ ngtn or remedy m its fullest extern e[ any subseyuenr acne. I understand Char my nbliga[ions to you under this ,xgrrement will tint be affected by any divorce proceeding nor by any order of court issued in such a proceeding. Governing Low: Fxcept ro the extent the[ Federal taw applies, [he taws of the stale in which your office shown on ppa~ge 1 of [his A reenrenr is Irxatcd will apply to [his Ay~reemenr. (In ate case Of Maryland, [hrs Agreement is subject to Subtitle 9 of Title l2 of [he Commercial Law ArtirAe of the Annotated Code of Merytand.) 'fax I)eduxtibility Notice: I should cansuh a tax advisor regarding the dcductibifity of inverts[ and charges lnr my PCL account. peljnitions: In this Billing Rights Not)ce, the words 'you" and "your" mean anyone signing mix Agreement. The wads '4vc," "us" and "our' mean me Gcditor named above. Billing Rights -Keep this Notice for Future Ilse: This notice contains impctrtxnr information shout yhar rightg and our respctnsibili[ies under the Fair Gedit Billing Act. Notify Us Fn Case of Errors or Questions About Your Statement. If ypou think your stamment is wrong or if you need more information ehom a trattsac[ion on your statement, write us on a separate sheet at the addrr3t listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you me first statement on which the error or pmmem appeared. You can telephone us, but doing so will not preserve your rights. In our letter, give to the folldwiug infarmatloa: • Your name and aoarunt number. • The dollar amount of the suspected error. Describe the error and expWm, if you raq why you txtieve there fs en coot- Ifyou tired more information, describe the item you ere not sure atXN+C. f f you have authorized us co take your payment automatically horn your deposit aununt, you ran stop the peytrun[ tin any amount you think is m~ong. To slop the payment your letter must reach us three oustness days be ore the automatic payment is scheduled to occur. Your Rights and par Respoasfbilitlea After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have mrreetul the error by then. Within 9H days, we must either correct nc~ error nr explain why we believe the statement was correct. Aber we tcceive your letter, we cannot try to tucks any amount ypu question, or report you as dctiuquent. We can cgn[inue to bill you [a tfu; amoum yvu question, including finance charge, and we can apply any unpaid amount against your credit limit You do not have to pay any questioned amount while we are investigating, but you are still obhgatcd [o pay the amounts on your statement that are not in question. [f we find the[ we made a mis[eke on your statement, you wilt oat have co pay any finance charges related to any questioned amount- (f we tl+dn't make a mistake, you may hays to pay finance charges, and ynu wilt have to make up any missed payments on the questioned amount. En either rase, we will send you a statement or [he amount-you nwc and rare dam chat it is due. [t-you (ail to pay tat agtpunt that we (hirtk yo» ;,-we. we may report ynu a. delinquent. t;tnvever, if der explana[lon does not salirly ynu end u w,l[e to u• vnrnrn tea days tclhng us [ha[ you s[IIl refuse [o pay, wC muYC tell anynnc W[ feppr( ydn CO Ctta[ ydn have a gaesdon ebntl[ y(wf statement. And, we must tell you the name of anyone we reported ynu tn. We must felt anyone we report you to that [he matter has 17ccn settled between us wtreq it 6ne{ty is. If we don't follow these rules, we can't wUect the first S50 of the questioned amduoc, even if your stxtcmem was corruz. I acknowledge that this Is page 3 and 4 of the Mellon Sceured Pemonal Credit Llns Agreement (Yariabie Rats) which I have signed on page 2. WALTER~A Loofil5 Ini[~Ls~onfHo wet(s) - - - - - - ~---~ Name o[Honnvrer - - -~-" BVEI,ytIE T,OOttIS Initi~lt o[l3prrower (s) 111497 16:68 Page 4 0[ 4 ACT 91 i 6 NOTICE TAKE ACTION TO SAWE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis 10283 Edison Road Osceola IN 46561 4 G Z n7 0 Evelyne Loomis 10283 Edison Road Osceola IN 46561 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works, To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the counseling agency. Agency toll free at 1-800-342-2397. (Persons with impaired hearing may call (717) 780-1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Loan /Account number: Original Lender: Current Lender ! Servicer: Walter A. Loomis 437 North 2nd Street, 0275.040708-434 Mellon Bank, N. A. Mellon Bank, N. A.. Wormleysburg, PA 17043 Evelyne Loomis EXHIBIT D -~ 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. end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAiL TO DO SO OR iF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE 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, j THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE 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) TEMPORARY STAY OF FORECLOSURE -Under theAct, 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 aface-to-face meeting with one of the consumer credit counseling agencies listed at HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to datel NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: December 26`", 2001 thru April 26h, 2001 at $116.00 per month. Monthly Payments Plus Late Charges Accrued $ 713.20 NSF: $ nla Inspections: $ n/a Other $ n/a {Suspense) nla Total amount to cure default $ 713.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $713.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made oavable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152- AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means 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 attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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.OG. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may alsc 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 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 Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exact{y what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep@mellon.com. 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x_ mayor _ 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 cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDI NDSAY Joh J. Kop y, E cc: (Account no. 0275.040708-434) Eileen Thiry Mailed by 1~t Class mail !Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7677 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCOES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc 2000 Linglestown Roed Harrisburg, PA 17102 (71?) 541-1757 Financial Services Unlimited 117 West 3f0 Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 'f0i~ f 8 200E ACT 91 / 6 NOTICE TAKE ACTION TO SAWE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 437 North 2n° Street 437 North 2"tl Street Wormleysburg PA 17043 Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. ~ecific information about the nature of the default is Drovided in the attached Doges. counseling agencv. LA NOT1F!CACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDIES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2ntl Street, Wormleysburg, PA 17043 Loan /Account number: 0275.040708-434 Original Lender: Mellon Bank, N. A. Current Lender ! Servicer: Mellon Bank, N. A. 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. 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 aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR_WITHI_N THE NEXT THIRTY (30) DAYS. IF YOU end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your fender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason 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 N07 FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, 7HE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (lf you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: December 26~", 2001 thru April 26°, 2001 at $116.00 per month. Monthly Payments Plus Late Charges Accrued $ 713.20 NSF: $ nla Inspections: $ n/a Other $ n/a (Suspense) nla Total amount to cure default $ 713.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $713.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152- AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means 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 attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. if the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed. $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 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 THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale You may do so by paving the total amount then oast due, plus anv late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing anv 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 Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-2347226; e- mail thiry.ep@mellon.com. 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 Sheriffs Saie, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x_ may or _ 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 cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS, SHUF` WE LINDSAY Joh J. op ,Esquire cc: (Account no. 0275.040708-434) Eileen Thiry Mailed by 1s` Class mail I Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7691 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397 CUMBERLAND COUNTY Consumer Credft Counseling Service of Western Pennsylvania, Inc 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 Financial Services Unlimded 117 West 3f0 Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717)234-5925 FAX (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 437 North 2"° Street 437 North 2"d Street Wormleysburg PA 17043 Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortaaoe on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached oases. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAPI MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the oroaram works. counseling agency. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HomeownePs Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2nd Street, Wormleysburg, PA 17043 Loan /Account number: 0275.040708-434 Original Lender: Mellon Bank, N. A. Current Lender / Servicer: Mellon Bank, N. A. 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. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAYBE 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 OFFORECLOSURE -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 aface-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 THIRTY f301 DAYS. iF YOU end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPL{CATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason 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 rnunseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMED{ATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds far 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 PURPOSE 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) 2 HOW TO CURE YOUR MORTGAGE DEFAULT iBring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: R. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: December 26"', 2001 thru April 26°, 2001 at $116.00 per month. Monthly Payments Plus Late Charges Accrued $ 713.20 NSF: $ n/a Inspections: $ n/a Other $ n/a (Suspense) n/a Total amount to cure default $ 713.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $713.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152- A650, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortaage debt. This means 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 attomey to start legal action to foreclose upon your mortaaae prppertv. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomey's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. It 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 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 Sheriffs Sale You may do so bSr ap ving the total amount then oast due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortaage 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 Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action wilt be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-A650, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep@mellon.com. 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x^ mayor _ may not (check one) sell or transfer your home fo a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, SAIDIS, SHUF DSAY Joh J. Kopec squire cc: (Account no. 0275.040708-434) Eileen Thiry Mailed by 1" Class malt /Certificate of Malting and Certified Mail No.: 7099 3400 0018 5047 7202 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342-2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Ina 2000 Linglestawn Road Hartisburg, PA 17102 (717)541-1757 Financial Services Unlimited 117 West 3n° Street Waynesboro, PA 17268 (717)762-3285 Urban League of Metropolitan Hanisburg 25 N. Front Street Hartisburg, PA 17101 (717) 2345925 FAX (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 ACT 91 / 6 NOTICE TAKE ACTION TO SA~/E YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 10283 Edison Road 10283 Edison Road Osceola IN 46561 Osceola IN 46561 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DE87. THIS NOTICE 15 SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, 8UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. 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 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2ntl Street, Wormleysburg, PA 17043 Loan /Account number: 0275.040708-434 Original Lender Mellon Bank, N. A. Current Lender / Servicer: Mellon Bank, N. A. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works This Notice contains important legal information. If ygu 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. 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 aface-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 THIRTY (30) DAYS. IF YOU ce. It is only necessary to schedule one face-to-face meeting. Advise your lender your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE 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 (66) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against ycu 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 PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT farina it up to datel NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address iS SERIOUSLY IN DEFAULT hecause: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartlEnd: December 26'", 2001 Uttu Aprit 26", 2001 at $116.00 per month. Monthly Payments Plus Late Charges Accrued $ 713.20 NSF: $ n/a Inspections: Other (Suspense) Total amount to cure default $ n/a $ n/a $ n!a $ 713.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $713.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Eileen Thiry, Melton Bank, N. A., Two Melton Bank Center, Room 152- AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its richts to accelerate the mortcage debt This means 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 attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff So pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay atl reasonable attorney's fees actually incurred by the {ender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. lf~ou cure the default within the THIRTY 1301 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 THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 3 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-2347226; e- mail thiry.ep@mellon.com. 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x may or !may not (check one) sell or transfer yaur home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, 5AIDIS, SH F LINDSAY John J. Kopec y, Esquire cc: (Account no. 0275.040708-434) Eileen Thiry Mailed by 1s` Class mail /Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7684 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) X42 -2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, tnc. 2000 Linglestown Road Hanrsburg, PA 17102 (777) 541-1757 Financial Services Unlimited t 17 West 3id Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 2345925 FAX (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) za3-3s1s FAX (717) 243-3948 ACT- 91 / 6 NOTICE TAKE ACTfON TO SA~AE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 437 North 2n° Street 437 North 2"O Street Wormleysburg PA 17043 Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. counseling agency. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCI0NAD0 ARRIBA. PUEDE5 SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2ntl Street, Wormleysburg, PA 17043 Loan /Account number: 0275.040708-434 Original Lender: Mellon Bank, N. A. Current Lender! Servicer: Mellon Bank, N. A. 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 yqur area. The local bar association may be able to help you find a lawyer. lF YOU COMPLY WITH THE PROVISIONS OF THE HOMEQWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE 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 aface-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 THIRTY (30) DAYS. IF YOU end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICA710N FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are yen/ 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 PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT {Bring it up to date NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StarUEnd: December 26~, 2001 thru Apri126", 2001 at $116.00 per month. Monthly Payments Plus Late Charges Accrued $ 713.20 NSF: $ n/a Inspections: $ n/a Other $ n/a (Suspense) n!a Total amount to cure default $ 713.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicablel: N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $713.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Twa Mellon Bank Center, Room 152- AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date. of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means 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 tender also intends to instruct its attorney to start legal action to foreclose upon your mortgage properly. IF THE MORTGAGE 1S FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to 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 ell other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus anv late or other charges then due reasonable attorney's fees and costslconnected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv 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 Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action wilt be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Tvvo Melton Bank Center, Room 152-A850, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234.7226; e- mail thiry.ep@mellon.com. 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x may or ~ 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 cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS, SHUF WE LINDSAY Joh J. op ,Esquire cc: (Account no. 0275.040708-434) Eileen Thiry Mailed by 1s` Class mail !Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 T691 f. PENNSYt.VANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCBES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342-2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Ina 2000 Linglestawn Road Harisburg, PA 17102 (717) 541-1757 Fnancial Services Unlimited 117 West 3itl Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Hanisburg 25 N. Front Street Harrisburg, PA 17101 (717) 2345925 FAX (717) 2324985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 ACT 91 / 6 NOTICE TAKE ACTION TO SAWS YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 10283 Edison Road 10283 Edison Road Osceola IN 46561 Osceola IN 46561 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOTANO SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2ntl Street, Wormleysburg, PA 17043 Loan /Account number: 0275.040708-434 Original Lender: Mellon Bank, N. A. Current Lender / Servicer: Mellon Bank, N. A. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help expiain 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. 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 far thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEET{NG MUST OCCUR WITHIN THE NEXT THIRTY f301 DAYS. IF YOU CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immed'+ateW of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason 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-tc-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS S'cT FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART Of THIS NOTICE lS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to datel NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: December 26'", 2001 thru April 26°, 2001 at $116.00 per month. Monthly Payments Plus Late Charges Accrued $ 713.20 NSF: $ n/a Inspections: $ n/a Other $ n/a (Suspense) n/a Total amount to cure default $ 713.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicablel: N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $713.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavrnents must be made either by cash. cashier's check, certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152- AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means 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 attorney to start legal action to foreclose upon your mortgage property. 1F THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomey's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. 1f 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 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 Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the toreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Sank, N. A., Two Melton Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep@mellon.com. 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 Sheriffs Sale, a lawsuit to remove you and-your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x may or 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 cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDI NDSAY Joh J. Kop y, E cc: (Account no. 0275.040708-434) Eileen Thiry Mailed by 1s` Class mail /Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7677 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCBES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREEAT 1 (800) 342-2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimaed 117 West 31tl Street Waynesboro, PA 17268 (717)762-3285 - Urban League of Metropolitan Hardsburg 25 N. 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