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Home My WebLink About99-05747 (2)x?w rrs ,. ; -1 r pp J >?r t K Mrs r ' t S ) .x G {! x S 4 CI'jN 4 ( Fk 7.(T? iJI1??M, r ? ' pp 5 9. I W }h r i `n bu r1' ? A t S ' n . u. f ? . .? .• .,t .. J . r.L ^ tom, Y f 71 yl?l?'n SZ LFW ?Y 1 trl V yt w r '4?' ltjly4Y . ?5' .+ P??Yaalyfy 1 . V H f y I ? 9 r J , a 3r v (d I r ?:.;?_ ? a? {r y Yt IY) ?Q Y1 ? r a t S 1? F wp3 r' _ ? f ?i? 4f r Y Z G?OJ? 1 1 1J e e r. ? y ? Iri ! I y irk ski r " ltr ? T 1 ? ! x ? +l Fv Fd 1' p 4 g I.k ? 1r. a y , I P u . ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. THOMAS K. MYERS A/K/A THOMAS K. MYERS JR. AND QUEENA R. MYERS Defendants THIS LAW FIRM IS A DEBT TO COLLECT A DEBT OWED OBTAINED FROM YOU WILL COLLECTING THE DEBT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 9. 57,1 7 C.t? d T- : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE COLLECTOR AND WE ARE ATTEMPTING TO OUR CLIENT. ANY INFORMATION BE USED FOR THE PURPOSE OF N O T I C E 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 the 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 Bet 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 Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S O LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA COUTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. THOMAS K. MYERS A/K/A THOMAS K. MYERS JR. AND QUEENA R. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ASSOCIATES CONSUMER : IN THE COURT OF COMMON PLEAS DISCOUNT COMPANY : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 94- S?Y7 Coal THOMAS K. MYERS A/K/A CIVIL ACTION - LAW - THOMAS K. MYERS JR. AND IN MORTGAGE FORECLOSURE QUEENA R. MYERS Defendants C O M P L A I N T 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Texas corporation, with an address of 300 Decker Drive, Suite 300, Irving, TX, 75062. 2. Defendant, THOMAS K. MYERS A/K/A THOMAS K. MYERS JR., is an adult individual whose last known address is 257 NEIL ROAD, SHIPPENSBURG, PA 17257. Defendant, QUEENA R. MYERS, is an adult individual whose last known address is 257 NEIL ROAD, SHIPPENSBURG, PA 17257. 3. On or about September 27, 1996, the said Defendants executed and delivered a Loan Agreement in the sum of $29,542.30 payable to ASSOCIATES CONSUMER DISCOUNT COMPANY, which Loan Agreement is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Loan Agreement, in order to secure payment of the same, Defendants made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1344, Page 45 conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. S. The land subject to the Mortgage is: 257 NEIL ROAD, SHIPPENSBURG, PA 17257 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on April 5, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 29,326.58 (b) Interest at $12.04 per day from 3/ 5/99 to 10/ 5/99 (based on contract rate of 13.610%) 2,576.56 (c) 15% Attorney's Commission 4,398.99 $ 36,302.13 *Together with interest at the per diem rate noted in (b) above after October 5, 1999 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "Cl, 10. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 13.610$ ($12.04 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURC L LLER By Leon P. Ha er Attorney for Plaintiff I.D. #15700 " 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 _, ,y, AMU 2/'25/1998 10:12 PAGE 7%8 'RightFAX FRUI r:I IEEFSEIFG w,:S ;F T;. , QV lass.ac s 12.10FI, #40, Lean Agrumont "W ill.W LkNesn viuv isl "Taw ASSOCIATtd CONSUMER DISCOUNT COMPANY Maunninlrov[Alaeo VAawIE radD INIL •elaN 7953 919 WAyNL AVENUE CHAMBER911URG esuuavl J fIIIXCn?wt mm?.epem n,...a g.ee _ YANK HYERS,TNOMAS X JR 357 Mail. NU SUIPPENSe01to PA 17357 1Fe.T+i Win. 412,39 ' I . 0.._ ----- ERIDUEENA R ®AGREEn RATEOFINTLIiCBT:. 13.11%pryearenth u,OUprlnclpalbdnncee. 0 AOREW RATE OF INTEREST: THIS IS A VARIABLE INTEREST RATE LOAN AND THE INTEREST RATE WILL INCREAS OR DECREASE WITH CHANGES IN THE BANK PRIME LOAN RATE. The Interest fete wild be `percentage gems ebol Ihe'801 pnme Loan Rate' published in he Federal Reserve Bond' Statistical Release H.15. The Iribw Bonk Prime Loan isle ... %, which h the published rate as of the last business day of % per year. The Interest rate all increase of decroas o Win the '? eatable, the initial se Bnkisle rlgas In ha Bank Prime Loan less when Use Bank Pro Loan rate, ca of the list business day of the preceding mwlh, his hism"d or decreased by al least 1141h of a percentage Pont so the Bank Prime Loan rate on which the corral init.. t rats le bawd. The Inlrest rate cannot Increase of dscroon mow ten 2% Ivry year. In no event, however, will the interest rate ever be less than __ % W year nor more than _ _% per Val The interest rate wig not change before the First Payment Dale. Interest will be computed on the unpakl ivinc d baances. Agnnnenta in the Agreed Rata of Interval shot be given offal by chan9tng the closer amounts of the tamahkg rnatmly payments the month following des wrevrsry data of the loan and every 12 menus thereafter w that One total amount due under this Lee Agreement will be paid by the 1041 payment dale eaekaling any basson paymml. If applicable. Amaiabe Waive the right to as Intoroel rate Increase her the last anniversary date prior to des bull paymanl due dale of IM loan. REPAYMENT t promise to pay you at your office the principd balance together with interest figured W the Agreed note , Interest checked above unit fully paid. I will repay my ban by making the monthly payments eel (Drill In the Payment Schedule. Payments WIN be met every month beginning on the ral payment date stated above unlit the bon is fury paid. If there is ne such date any mane Thal follows, payment will be made on he last day of that month. Each payment I male wit by applied star to Interest owed to tle date of paymovi and remainder to primip balances. I agree to pay Ilnerasl after maturity at the Agreed Rae of In nest. . . t DEFAULT I wit be in daleuft it I fail to pay any payment or put of a poymenl on time or if I far to comply ago, any of the term of the Ravi Estate Mortgage on me real estate p en as security for Via lean. It I defaut, you haw the right to declare the more unpakf amount of my ban Immedakey due and payable Nichol givi me noble cr asking me topsy. If hk bM egrnment la aecued by a mobta home, I vWi be glwn a alit of right to cure a default If 1 am endtled ;•, this notice. If you declare he ball nce of my ban due and payable, No have he rights and remedies provided for In he Reel Estate Mortgage that mum he New, including ma right I require me to pay any defioiuwy. ATTORNEY I agree to pay reasonable attorney's fees, b We ban agreement Is referred for collection to an altomey who is is FEES your worried employee. BAD CHECK If shy check or Instrument given as payment on this hdebtednali le dishonored, I agree to pay a service chug CHANGE o1120.00. PREPAYMENT I haw the right to pay In advance at any time. N 1 prepay In full, no pen of the loco fee will he refunded. UL'LAY IN You can delay enforcing your rights under this ben summons without beep them. 11 1 default in complying war ENFORCEMENT any of the terms of my loon and you do net deduct the ben balance kn distey due and payable, this dole n mean you cannot do so In he future d I default again. SECURITY 1 give you a Real Estate Mortgage dated the same w We ban agreement to assuro payment or my low. FOR THIS LOAN II this is a first mortgage ban the AllernatN4 Mortgage Tmnsaston Puffy Act of 1002 and the Federal Depository Inautulbnel Barsola son me Monetary Control Act of 1980 governs certain provisions of this loan. It his is a second mortgage km over $50,000, It Allemetvo Mortgage Transaction Parity Act of 1972 governs certain provisions of this IoM. I acknovii receipt of a compkoley rdledan copy of he loan eoreemor .. p[1A11/Y3('. IK. r?jj? eonnM{nl (? ouclNUN.-_ M1111 nN. ra asRROWWiP OOFY 111 tern OdaeeeWLR eeaY II 6A 1 / / ,^ I T /? L. AL1, that eel inin lot of ground with Ille improvejumils thereon situate in Snulltampfort Township, Cumberland County, Pennsylvania, bounded nod described as follows: 11YC.!NN1NG of a point on the centerline ol'Ckc'. sbc'; (toad al q,a - ww r t r Lot No, 'i on plan for John 1{. Dillmmn; fhence along Lhc cenlrrline of Clnversburg Rend, North 21 degrc.s 30 minutes 14 scconds West, a cdistance of 85.oo feet to a point; fhence along other lands now or formerly of John 11, Dillnmo, North 68 degrees 29 minules 46 seconds Gast, a distance of 170. ^) rect to n point al other lands now or limncrly orlohn ! 1. Ilillna:n; fhence along flu: lager, South 21 degrees 30 minutes 14 seconds Gast, n distance or 85.00 feet to a point it Lot No. 8; themes by Lot No. 8 on said plan, South 68 degrees 29 minutes 46 seconds West, n distance of 170.00 feet to a point, the Place of BEGINNING, CONT':1INING 14,450 square feel and hcing Lot No. 7 as shuvar oo the Plan of Wnlnul Grove recorded it; the Cumberland County Itccorder ul'Dud's Mice in Plan Houk 41, I'age 59. r,s EXIMIF 161, Re: Associates Consumer Discount v. Myers TNC Combined Act 6191 Notice D. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3817) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Thomas K. Myers, Jr. 257 Neil Road Shippensburg, PA 17257-4903 Re: Associates Consumer Discount v. Myers Combined Act 6191 Notice Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to..- Queens R. Myers 257 Neil Road Shippensburg, PA 17257-4903 E-X ? l 0 11 ',C?? COMBINED ACT 6/91 NOTICE DATE: July 20, 1999 HOMEOWNER'S NAME (S) : Thomas K. Myers, Jr. and Queena R. Myers PROPERTY ADDRESS: 257 Neil Road, Shippensburg, PA 17257 CREDITOR: Associates Consumer Discount COmpany LOAN ACCT. NO.: 013785630206578 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTE IN THIS NOTICE YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TARE ACTION NOW BY EITHER: 1. CURING TH8 DEFAULT - This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L. 13, No. 6), 41 P. S. Section 403) ; OR 2. APPLYING TO THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE _FROM PROGRAM FOR FINANCIAL ASSISTANCE- WHICH CAN SAVE YOUR ROME FORECLOSURE AND HELP YOU E FUTURE MORTGAGE PAYMENTS - Read this notice to find out hMAKow the program works. You must meet wit) *?+{e aotice in order to awls. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1(800)342-2397. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. r` EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Associates Consumer Discount Company Address: 300 Decker Drive, Suite 300, Irving, TX 75062 Phone Number: (800) 423-8158 EXT 2013 Contact Person: Ursula Williams CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified > in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names andk attached sheet. It is only necessary to schedule one face-to- face meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, 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 on the attachment. 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 FORTS IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTTON - Available funds ,.or emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. 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. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342- 2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above creditor on your property located at: 257 Neil Road Shioneaabura. PA 17257-9403 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Payments of Principal and Interest: 91.157.34 Escrow charges: 0.00 Late charges: $1.276.24 Attorney Fees/costs: 0.00 Other charges (explain): 0.00 TOTAL AMOUNT PAST DUE: S2.433.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): &QT APPLICABLE NOW 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 creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the creditor intends to exercise its-rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the creditor also intends to instruct its attorneys to start a lawsuit to foreclose upon Your mortgaged 0.0)erty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against ou, you will still be required to pay the reasonable attorney's ees that were actually incurred, up to $50.00. However, if leggal proceedings are started against you, you will have to pay ali reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, which may also include other reasonable costs. If--vou-cure the default within the THIRTY (In) OTHER CREDITOR IMMEDIES - The creditor 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 not cured the default within the THIRTY (30) DAY period an EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately EIGHT months from the date of this Notice. A notice of the actuaT-alof the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting th= creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the creditor at the address set forth above. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your tight to occupy it. If you continue to live in the property after the Sheriff's Sale a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property: YOU 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 SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. • 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 :.EFAULT. (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 CREDITOR. Leon P. Haller, Esquire I.D. #15700 Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I torneys For: ssociat s Consumer Discount Company Enclosure canN2 cg2= CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 PAX# (717) 234-9459 Community Action commission of the CapiLal Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-5925 FAX# (717) 334-8326 COMPANY NAME: ASSOCIATES CONSUMER DISCOUNT COMPANY IWZWICATION i verify that the statements made in the foregoing Complaint are true and Correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Se tember 3, 1999 By Title Vice-President d N N O1 + M U cl P P ? `y J a h ? h n y a a rz x d ?? W r V W 4 G c? ,23 S z e a rp r x ? L' uww w• awu u• v n un n-eo w wniwrroo?vYn rrmi?n?rrn SHERIFF'S RETURN - REGULAR CASE NO: 1999-05747 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT C VS. MYERS THOMAS K ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS THOMAS K A/K/A MYERS THOMAS K JR the defendant, at 18:43 HOURS, on the 24th day of September 1999 at 257 NEIL ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to THOMAS K. MYERS a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Coats: Docketing 18.00 So answers: Service 13.02 Affidavit .00 Surcharge 8.00 Aline, $39. 02-PU?C 09 27 M KRUG & 1399 HALLER / ? a,. by ? Sworn and subscribed to before me this dl a F- day of 0CQ..,.. 199 A. D. SHERIFF'S RETURN - REGULAR CASE NO: 1999-05747 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT C VS. MYERS THOMAS K ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS QUEENA R the defendant, at 18:43 HOURS, on the 24th day of September 1999 at 257 NEIL ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to THOMAS K. MYERS (HUSBAND) a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Coats: So answe? Oro service 6.00 r%; 2 ffidavit .00 Surcharge 8.00 Kline, A. Inumas LLTTff;; 77 U09/2E/L K by RUG & HAL ER ,?yj Sworn and subscribed to before me this 11.u- day of m6G../..?, 19_g9 A.D. ?P , y,, Lq b$ ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. THOMAS K. MYERS A/K/A THOMAS K. MYERS JR. AND QUEENA R. MYERS Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 9 - 57 `? 7 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. N O T I C E 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 the 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 Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S O LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER 0BJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA., SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. THOMAS K. MYERS A/K/A THOMAS K. MYERS JR. AND QUEENA R. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- S7Y7 l.?c.? To CIVIL ACTICN - LAW - IN MORTGAGE FORECLOSURE C O M P L A I N T 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Texas corporation, with an address of 300 Decker Drive, Suite 300, Irving, TX, 75062. 2. Defendant, THOMAS K. MYERS A/K/A THOMAS K. MYERS JR., is an adult individual whose last known address is 257 NEIL ROAD, SHIPPENSBURG, PA 17257. Defendant, QUEENA R. MYERS, is an adult individual whose last known address is 257 NEIL ROAD, SHIPPENSBURG, PA 17257. 3. On or about September 27, 1996, the said Defendants executed and delivered a Loan Agreement in the sum of $29,542.30 payable to ASSOCIATES CONSUMER DISCOUNT COMPANY, which Loan Agreement is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Loan Agreement, in order to secure payment of the same, Defendants made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1344, Page 45 conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage :is: 257 NEIL ROAD, SHIPPENSBURG, PA 17257 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on April 5, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 29,326.58 (b) Interest at $12.04 per day from 3/ 5/99 to 10/ 5/99 (based on contract rate of 13.610%) 2,576.56 (c) 15% Attorney's Commission 4,398.99 $ 36,302.13 *Together with interest at the per diem ra-:e noted in (b) above after October 5, 1999 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 13.610% ($12.04 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL U & ALLER By Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 i s AMU 2/'25/1998 10:12 PAGE 7/8 RightFAX FRGr9 ::_I-HA41EEF'EELF;G .,HI;T IF TO Ar1U 195 ,02 - S 13: 10F N1 R-04 F..:E,..,2 Loan A regiment OFUNOLVAWA LtN inrty lst unnTWE ASSOCIATES CONSUMER DISCOUNT COMPANY 2ND 1,1011T WI! OVER tSO.Mo VAMADILE - FIXEDHAIL•DAUO( 2953 949 WAyNE AwIYUE CHAMEEA69URG PENNSYWNI SrPDr eTREV AOCR LL Cm M A A0WW WW9 "i 1f11NUAR W rAywWMfr IAOrlMnl M?CeT IpeOR1A (11 0200792?O?09/27/96 10105/11 1 9.00 eellavRR r rA963 IInrAT"1(Aj nnunw21n' FINANCE MYERS,THOMAS K JR 93.61 4 1895. 4-CHANGE 257 NFZ1. 1411 oRtu O Awn-wA _351-1 apj SITIPPENSDURG r '2342.70 L .00 27570.70 PA 172%7 r'R"? "?M1A1p 19•pl•PI 141AL A MVI[M11U,01 ¢I.00 29542.30 ' 69473.91 NYLLMI ELUTA[- PAM ifinAY1AVAR r NbRLLV _ IITNVWWf IL 1M-P 1 ArF- 419. [QI? VLMMWP(IWIA4Re 385.78 _ Io1LLwmIV O,er_•• .00 1 t /.05/96_ PAYNNIS ARO MYERS,QIIEENA R ` ® AGREED RATE OF INTL IILST: 13.Al_ % per year on the unpaid principal balances. ? AGREED HATE OF INTEREST: THIS 16 A VARLA13I-2 INTEREST RATE LOAN AND THE INTEREST RATE WILL INCREAS OR DECREASE WITH CHANGES IN THE BANK PRIME: LOAN RATE. The Interest rate will be percentage points abot the "Bank Prime Loan Rate" published in the Federal Reserve Board's Statistical Release H.15. The initial Bank Prime loan rate which is the published rate as of the last business day of ; therefore, the initial interest rate per year. The interest rate will Increase or decrease with changes in the Bank Prime Loan rate when the Bank Prirr Loan rate, r.S of ft last business day of the preceding month, has increased or decreased by at least 1/41h of a percentage point fro the Bank Prime Loan rate on which the currant ini-:.: t rate is based. The interest rate cannot increase or docroase more than 2% airy year, In no event, however, will the interest rate ever be less than _. % per year nor more than _. __% per yes The interest rate will not change before the First Payment Date. Interest will be computed on the unpaid principal balances. Adjustments in tie Agreed Rate of Interest shall be given effect by changing the dollar amounts of the remaining monthly payments the month following the anniversary dale of the loan and every 12 months thereafter so that the total amount due under this Loo Agreement will be paid by Ilia last payment date excluding any balloon payment, If applicable. Associates waives the right to of inlorost rate increase after the last anniversary date prior to the last payment due date of the loan, REPAYMENT I promise to pay you at your office the principal balance together Will interest figured at the Agreed Rate 1 Interest checked above until fully paid. I will repay my loan by making the monthly payments set forth in the Payment Schedule. Payments will be mac every month beginning on the first payment date stated above until the loan is fully paid. If there is no such date : any month that follows, payment will be made on Die last day of that month. Each payment I make will by applied first to Interest owed to lire date of payment and remainder to princip+ balances. Lagrea to pay Interest after maturity at the Agreed Rate of Interest, DEFAULT I VAN be in default if I fail to pay any payment or part of a payment on time or if I fail to comply with any of the term of the Real Estate Mortgage on the real estate given as security for this loan. If I default, you have the right to declare the entire unpaid amount of my loan immediately due and payable withol giving me notice or asking me to pay. If this loan agreement Is secured by a mobile home, I will be given a notic of right to cure a default If I am entiilod ;•, :his notice. If you declare the balance of my loan due and payable, yc have the rights and remedies provided for in the Real Estate Mortgage that secures this ban, including ilia right I require me to pay any deficiency. ATTORNEY I agree to pay reasonable attorney's fees, If this ben agreement is referred for collection to an attorney who is n FEES your salaried employee. DAD CHECK If any check or instrument given as payment on this indebtedness is dishonored, I agree to pay a servioo charg CHARGE of 920.00. PREPAYMENT I have the right to pay In advance oil any time. H I prepay In full, no par of the loan too will be rofundod. UELAY IN You can delay enforcing your rights under this loan agreement without losing them. If I default in complying wit ENrofiCEMENT any of the terms of my loan and you do not declare the loan balance immediately due and payable, this does n. mean you cannot do so In the future if I default again. SECURITY I give you a Real Estate Mortgage dated the same as this loan agreement to assuro payment of my loan. FOR THIS LOAN It this is a first mortgage loan the Alternative Mortgage Transaction Parity Act of 1982 and the Federal Depository Institutional Deregull Lion and Monetary Control Act of 1980 governs certain provisions of this loan. It this is a second mortgage loan over 950,000, tF Alternative Mortgage Transaction Parity Act of 1982 governs certain provisions of this loan. 1 acknowledge receipt of a completely filled-in copy of this loan agreemor poKhowrm) 04 monncwcnI ONe1NAL t1) e"77o nLv, uos eonnowen 66W R _ Lwvo CO.eORROWER COPY (1) ?? ] I , • r ALL That certain lot of ground with the inlprcvcn:enls thereon situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: NNING at a pollat oil tile cellterlillC Ot CIC'.':.:'SJU Road i!t tai '.o!:.! r { ?i_, Tl NU. 3 on plan for John I-I. 13illnlan; thence along the centerline of Cleversburg (toad, North 7.1 dcltrc_s 30 minutes 14 seconds West, a distance of 85.00 feet to a point; thence along other lands now or formerly of John 1-1. Billman, North 68 degrees 29 minutes 46 seconds East, a distance of 170, , acct to a point at other lands now or formerly of John ! 1. 131111i;:n; thence along the latter, South 21 degrees 30 minutes 14 seconds East, a distance c'f 85.00 feet to a point 'tt Lot No. 8; tI C!1C by Lot No. 8 on said plan, South 68 degrees 29 minutes 46 seconds West, a distance of 170.00 feet to a of int, the Place of BEGINNING. CON- TIINING 14,150 sl!uare feet and being Lot No. 7 as shov:•n on dirt Plan of Willim, Grove recorded in the Cumberland Colin!), Rmorder oi•Deed's 0111ce in Plan Book it I, Page 59. EXI MIF IFD'` W. Re: Associates Consumer Discount v. Myers TMC Combined Act 6/91 Notice LT. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3817) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: Thomas K. Myers, Jr. 257 Neil Road Shippensburg, PA 17257-4903 Re: Associates Consumer Discount v. Myers Combined Act 6/91 Notice U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3817) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to ?I Queena R. Myers 257 Neil Road Shippensburg, PA 17257-4903 Ex ?(?(7 'Ict) a? COMBINED ACT 6/91 NOTICE DATE : July 20, 1999 HOMEOWNER'S NAME (S) : Thomas K. Myers, Jr. and Queena R. Myers PROPERTY ADDRESS: 257 Neil Road, Shippensburg, PA 17257 CREDITOR: Associates Consumer Discount COmpany LOAN ACCT. NO.: 013785630206578 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L. 13, No. 6), 41 P.S. Section 403); OR 2. APPLYING TO THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program works. You must meet with a Consumer Credit Counseling Agency within 30 days of the date of this notice in order to apply. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1(800)342-2397. LA NOTIFICACION EN ADJUNTO ES DE SUMA INIPORTANCIA, 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 PROGRA41A LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIF! SU HIPOTECA. •? EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MARE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF' YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with aL designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Address: Associates Consumer Discount Company 300 Decker Drive, Suite 300, Irving, TX 75062 Phone Number : (800) 423-8158 EXT 2013 Contact Person: Ursula Williams CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses of designated consumer credit counseling agencies for the county in which the property is located are shown on the attached sheet. It is only necessary to schedule one face-to- face meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, 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 b counseling agencies listed on the attachment. 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) clays 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 ,3:r emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. 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. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342- 2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. V. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above creditor on your property located at: _ 257 Neil Road Shippensburg, PA 17257-9403 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Payments of Principal and Interest: $1,157.34 Escrow charges: 0.00 Late charges: $1,276.24 Attorney Fees/costs: 0.00 Other charges (explain) : 0.00 TOTAL AMOUNT PAST DUE: $2,433.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING'S ACTION (EXPLAIN): NOT APPLICABLE 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 creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments; must be made either by cash, cashier's check, certified check or money order made payable and sent to: Leon P. Haller. Escruire Purcell. Kruct and Haller 1719 North Front Street Harrisburg. PA 17102 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the creditor intends to exercise its-rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the or- creditor also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor 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 leggal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. Any attorne.-y s fees will be added to the amount you owe the creditor, which may also include other reasonable costs. If you cure the default within the THIRTY (30) OTHER CREDITOR REMEDIES - The creditoi may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun,,you still have the right t EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately EIGHT months from the date of this Notice. A notice of the actuate of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting t.-,e creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the creditor at the address set forth above. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged.property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property: YOU 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 SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. • 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 -EFAULT. (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 CREDITOR. Leon P. Haller, Esquire I.D. #15700 Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorn.evs For: Associates Consumer Discount Company Enclosure a 0 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Oommission of the Capiual Region 1514 Derry Street Harrisburg, PA 17104 _ (717) 232-9757 FAX# (717) 234-2227 Financial Counseling Services of Franklin. 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-5925 FAX# (717) 334-8326 COMPANY NAME: ASSOCIATES CONSUMER DISCOUNT C014PANY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: September 3, 1999 gy V Title Vice-President SHERIFF'S RETURN - REGULAR CASE NO: 1999-05747 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT C VS. MYERS THOMAS K ET AL BRIAN BARRICK CUMBERLAND County, Pennsylvania, to law, says, the within COMPLAI] upon MYERS THOMAS K A/K/A MYERS defendant, at 18:43 HOURS, on 1999 at 257 NEIL ROAD Sheriff or Deputy Sheriff of who being duly sworn according JT - MORT FORE was served THOMAS K JR the the 24th day of September , SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to THOMAS K. MYERS a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 13.02 Affidavit .00 00,10 1-00 Surcharge 8.00 17- ma ine, eri $3.9.( 9RCELL, 9RUG & 'HALLER 027/199 by epu y eri Sworn and subscribed to before me this dl.L+- day of 19 q A.D. Q:1', (Q. . rounonotary ? / 1 ???1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-05747 P COMMON COUNTYwOFLCUMBERPLANDSYLVANIA: ASSOCIATES CONSUMER DISCOUNT C vs. MYERS THOMAS K ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according was served to law, says, the within COMPLAINT - MORT FORE: the upon MYERS QUEENA R defendant, at 18:43 HOURS, on the 24th day of September 1999 at 257 NEIL ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to THOMAS K. MYERS (HUSBAND) a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 600 1 000, P Service . .00 Affidavit 8.00 omas ine, eri Surcharge G-.OKRUG & HA 09/27/1999 by LA< epu y eri Sworn and subscribed to before me this a)Uo- day of 19 9C-i A.D. -?- rociono arty