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HomeMy WebLinkAbout03-5336aJi -X33 e.. - .1.ivw. HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE ALETA A. SPANGLER AND ROBERT F. SPANGLER, JR. Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 claim in the Complaint of 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO 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 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 IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE, Plaintiff vs. ALETA A. SPANGLER AND ROBERT F SPANGLER, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF 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 with 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 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE, Plaintiff VS. ALETA A. SPANGLER AND ROBERT F. SPANGLER, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ®3-- '336 ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE, a corporation whose address is THE WANAMAKER BUILDING, 100 PENN SQUARE EAST, PHILADELPHIA, PENNSYLVANIA 19107. 2. Defendant, ALETA A. SPANGLER, is an adult individual whose last known address is 26 & 28 EAST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA. 17055. Defendant, ROBERT F SPANGLER, JR., is an adult individual whose last known address is 26 & 28 EAST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, December 04, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $50,000.00 payable to HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, 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 1355, Page 1024 conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 26 & 28 EAST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on April 09, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $12.64 per day From 03/09/2003 To 10/09/2003 (based on contract rate of 10.2400%) Accumulated Late Charges Prior Legal Costs Attorney's Fee at 5% of Principal Balance TOTAL $45,061.61 $2,704.96 $54.46 $445.30 $2,253.08 $50,519.41 "Together with interest at the per diem rate noted above after October 09, 2003 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 certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice is attached hereto as Exhibit "C". 10. 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. 11. 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. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 10.2400% ($12.64 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. 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 IAAN ID# 11645 NOTE DECEMBER 4TH, 1996 MECHANICSBURG , PENNSYLVANIA IDeml [city] [Sate] 26 AND 28 EAST SIMI-3 N STREET, MECEANICSBURG, PENNSYLVANIA 17055 fRmperty Addmul 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 50, 000.00 (this amount is called 'principal"), plus interest, to the order of the Lender. The Lender is HOM'aMMTCAN CREDIT, INC. D/B/A UPLAND MORTGAGE . I understand that the Leader may transfer this Note. The Lender or anyone who lakes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 10"240 %. The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making yyayymeets every month. I will make my monthly payments on the day of each month beginning on JANUARY 9TH, 1997. 1 will make these payments every month until I have paid all of the principal and interest and my other charges described below that 1 may owe under this Note. My monthly payments will be applied to internal before principal. If, on DECEMBER 9TH, 2011 , I still owe amounts under this Note, I will pay those amounts in full on that time, which is called the "Maturity Date.- 1 will make my monthly payments at 111 PRESIDENTIAL BOULEVARD, SUITE 142, BATA CYNWYD, PENNSYLVANIA 19004 required by the Note Holder. or at a different place if (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 544.67 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at my time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that t am doing so. I may make a full prepayment or partial prepayments without paying my prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of. my monthly payment unless the Note Holder agreas in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other tom charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) my sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated m a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of my monthly payment by the end of TEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due. I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdua amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe an that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full w described above, the Note Holder will have the right to he paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. MULTISTATE FIXED RATE NOTE - Singlc Family - FNMA/FHLMC UNIFORM INSTRUMENT Form Man 12183 AATGIG - W211995 Page 1 or2 Doc prep M. Inc n 161-T 7. GIVING OF NOTICES 711P.4I ID# 11645 Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety. or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under shis Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of presenunent and notice of dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due. 'Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest In Borrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is said or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Bonnwcr fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. / ?c • Of F. SPANGLER JR. (Seal) -Borrower Q++fa Q Spw.v ( r,y r , ALElA A' SF'AN[;<.ER (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] AATG2G - 04211995 Page 2 f2 Doc Prep Plus, Inc. COMM"MENT FOR TITLE IIV'URANCE SCHEDULE A CONTINUED Commitment No. CU112596111 File Number: 96110530 Legal Description ALL THAT lot of ground situated on the South side of East Simpson Street in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the building line of said Bast ;Simpson Street, at the corner of property formerly of Irene Stough; thence along said property of Irene Stough, Southward one hundred thirty-two (132) feet to a twenty (2o) foot allay; thence Eastward along said alley, sixty-eight (68) feet to a point at corner of property formerly of O. H. Aulthouse; thence along said property of O. H. Aulthouse, Northward one hundred thirty-two (132) feet to a point on the building line of said East Simpson Street; thence along the building line of said Street, Westward sixty-eight (68) feet to a point, the place of BEGINNING. NOW IMPROVED by a two and one-half (2/12) story frame dwelling house numbered 26 East Simpson Street, Mechanicsburg, Pennsylvania, and Office building at 28 East Simpson Street, Mechanicsburg, Pennsylvania. : This cemoiteseat is invalid unless the insuring provisions and Schedule. A and s are attached First American Title Insurance Company b) -Tpell Date: June 25, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. Tire 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 WITHA CONSUMER CREDIT COUNSELING AGENCY RYTHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. Tire name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-1397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDrrAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY SIN CARGOS AL NUMERO MENCIONADO AR.RIBA. 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-- V -f IlCi' i?-AO 16' HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Robert R. Spangler, Jr. and Aleta A. Spangler 26 and 28 East Simpson Street Mechanicsburg, PA 17055 1001011645 HomeAmerican Credit, Inc. d/b/a Upland Mortgage HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUMAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ¦ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ¦ IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOUDO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOUMUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must: fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at 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. A GENCYA CTION- 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 13Y THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 26 and 28 East Simpson Street IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENT of $544.67 for the following months and the following amounts are now past due: Monthly Payments of Principal and Interest for the months of February, 2003 through June, 2003: 2,723.35 Late Charges 27.23 TOTAL AMOUNT PAST DUE: $2,750.58 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 $2,750.58, 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: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Carolee Berasi, Counsel 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 IF YOUDO 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 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 THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if 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 you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fee and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and 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 have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such as Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Address: 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Phone Number: (610) 668-2440 Fax Number: (610) 617-4967 Contact Person: Carolee Berasi, Counsel EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOUMAYALSO 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 ANY 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 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CB/OS cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing Waynesboro, PA 17268 (717) 762•-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243.3818 FAX (717) 731-9589 Adams County Housing Authority 139--143 Carlisle St Gettysburg, PA 17325 (717) 3341518 FAX (717) 334-8326 cAVawbasenotices\pa-act 91.doc Very truly yours, Date: June 25, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the 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 WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. 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 INMEDTTAMENTE 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. HOMEOWNER'S NAME(S): Robert R. Spangler, Jr. and Aleta A. Spangler PROPERTY ADDRESS: 26 and 28 East Simpson Street Mechanicsburg, PA 17055 LOAN ACCT. NO.: 1001011645 ORIGINAL LENDER: HomeAmerican Credit, Inc. d/b/a Upland Mortgage CURRENT LENDER/SERVICER: HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUMAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ¦ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ¦ IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ¦ IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOUDO NOT APPLYFOR EMERGENCY MORTGAGE ASSISTANCE, YOUMUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses dnd telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fiom 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. AGENCYACTION- Available funds for emergency mortgage assistance are very limited. They will be 4sbursed 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 13Y THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 26 and 28 East Simpson Street IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENT of $544.67 for the following months and the following amounts are now past due: Monthly Payments of Principal and Interest for the months of February, 2003 through June, 2003: 2,723.35 Late Charges 27.23 TOTAL AMOUNT PAST DUE: $2,750.58 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 $2,750.58, 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: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Carolee Berasi, Counsel 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 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 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 THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if 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 you owe the lender, which may also include other reasonable costs. Ifyou cure the default within the THIRTY(30) DAYperiod, you will not be required to pay attorney's fees.. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fee 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 have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such as Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Address: 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Phone Number: (610) 668-2440 Fax Number: (610) 617-4967 Contact Person: Carolee Berasi, Counsel EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor _ XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requiremEnts of the mortgage are satisfied. YOUMAYALSO 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 ANY 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 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762.3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6th Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139--143 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 FAX (717) 234-2227 FAX (717) 334-8326 CB/OS cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing cAlawbasenotimNpa-act 91.doc VERIFICATION The undersigned, an officer of HomeAmerican Credit Inc., d/b/a Upland Mortgage, being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. 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: I D f (? ?D3 Name Carolee Berasi, Esquire Title Assistant Vice President Company: HomeAmerican Credit Inc., d/b/a Upland Mortgage ?n w C) . Cl O C ? . U; [YJ J SHERIFF'S RETURN - REGULAR CASE NO: 2003-05336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEAMERICAN CREDIT INC VS SPANGLER ALETA A ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPANGLER ALETA A the DEFENDANT , at 0957:00 HOURS, on the 13th day of October , 2003 at 26 EAST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to ALETA SPANGLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me/? this 11ps- day of Octa. ?7d6Li A.D. Prothonotary So Answers: R. Thomas Kline J 10/14/2003 PURCELL KRUG HALLER By: puty/ SHERIFF'S RETURN - REGULAR CASE NO: 2003-05336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEAMERICAN CREDIT INC VS SPANGLER ALETA A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPANGLER ROBERT F JR the DEFENDANT , at 0957:00 HOURS, on the 13th day of October 2003 at 26 EAST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to ALETA SPANGLER, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this JG " day of COc&? ,., ?20U3^n AA. OD. prothonotary So Answers: R. Thomas Kline 10/14/2003 PURCELL KRUG HALLER By: put S ri SHERIFF'S RETURN - REGULAR CASE NO: 2003-05336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEAMERICAN CREDIT INC VS SPANGLER ALETA A ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DIRTY ANNIES CRAFTS the DEFENDANT , at 0958:00 HOURS, on the 13th day of October 2003 at 28 E SIMPSON STREET MECHANICSBURG, PA 17055 by handing to LORI LANDIS, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 l r< k +i+x P .00 10.00 R. Thomas Kline .00 16.00 10/14/2003 PURCELL KRUG HALLER Sworn and Subscribed to before By: me this /4 day of Oc;&v,, .2ai,3 A. D. Prothonotary HOMEAMERICAN CREDIT, INC DBA UPLAND MORTGAGE Plaintiff 03-5336 CIVIL TERM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE ALETA A SPANGLER AND ROBERT F SPANGLER JR. Defendants I RESPONSE TO COMPLAINT 1. Plaintiff states in c mplaint, item #7, that "The mortgage is in default due to the fact that Mortgagors have failed to pay th installment due on April 9, 2003 and all subsequent installments theron 2. Exhibits #1 throe #19 show that payments have indeed been made for the installment due on April 9, 2003 (Exhibit # 2) a d there were 6 additional payments made subsequent to April of 2003, including one for which a ca led check is unavailable at this time. All other canceled checks, and copies of the mortgage statement, re enclosed as exhibits. 3. During the time from April 9, 2003 until the date of filing of complaint. October 8, 2003, a span of six months, seven pa ments were paid on mortgage. In addition, a payment was made after October 8, 2003. 4. Defendants ask that the court dismiss this complaint. 5. Defendants ask t the court prohibit Upland Mortgage and any of its assignees, successors or subsidiaries from adding any legal fees to mortgage balance due to this erroneous complaint. MID =PENN BANK W3LW YK - -------------- 141) 8M5,1 C911wILS aoo s.?cl.•Ia , ' .o AN atA - -- - res a an , ? NZKI)e COIt)OZZOK L505 ?®p5ii5T! V9/Vl/GVV.? G+a., I SOUTH CENML I Acmunt: 6505754 Page: 4 1417 sow, ss?° ¦?...e. o7awsaas ? w Laia . ?. WIZTI ? eicor..a ..awose r 1415 csos+sw 1415 90YW ®IWiLVecwmi e551l.ZC oioo.s,ot >a .o a:m times amNW"9,).IWWK LZOST .!/EOOG0455)N O4T07/2003 1419 $450.92 'MID PENN BANK Loo?x L.IIIIaL? t? 4 aaamdou .o. w esa ? 6- 4 bf E0.-?...IaifYf - Jt?RLS. SOUTH CENTRAL CONTRACTING Ac tuit:6505754 Page: 5 U2t .+o m .am .am .... W.J. souo? m?saL c..w • - - i ema?? loom ?krQ z a.ts am f..M®aL ....' i aeoos.ao?' m w aim lia4? -A 1L1Sr I (f .p.K9?iG0Lt.YLx L!<Y+1W / Itlw msL.?x Lmsl o.m+t.r STATEMENT IFAUPLAND MOff-MORTGAGE One Presiderthal Boulevard 4th Floor Suite 411 Bala Cynwyd, PA 19004 0000002431 SPANGLER JRr ROBERT F SPANGLER ALETA A 26 AND 28 EAST SIMPSON SIR MECHANICSBURG PA 17055 INSTALLMENT PAYMENT: ESCROW PAYMENT: CURRENT AMOUNT DUE: PAST DUE ANOINT: TOTAL PAYMENT(S) DUE YOU WILL BE A late his equal to a percentage of your Payment instructions: • Do not send cash a Do not attach your check to the payment Coin ? Do not include correspondence ? Write your loan number on your check or rn ? ? Write in any additional amounts you are VCi it .Make check psyabic to Upland Mor:yage How to COntaet US: e Please have your loan number available for refer when you call. e To ask about this statement call 1-888-222-5458 e UPLAND MORTGAGE One Presidential Blvd. Suite 411 Bala Cynwyd, PA 19004-9901 ACCOUWAUNBER STATEIIENTDATE 1001011645 04/25/2003 $544.67 C?4 6? 4 S .67 7 LATE CHARGE BALANCE: $2.178.68 OTHER CHARGES BALANCE: $2,723.35 TOTAL CHARGES DUE NOW: $27.23 $0.00 $27.23 TOTAL PAYMENT AND TOTAL CHARGES DUE NOW: $2,750.58 A LATE CHARGE OF $27.23 IF YOUR INSTALLMENT IS RECEIVED AFTER 05 payment will be assessed and added to your payment if payment is not received on the day it is due, a grace period has been provided in your Note. Avoid Late Charge. Make your payment en or before the due date each not have a statement, wife your loan number on your check or money order address below. RETAIN THIS PORMN FOR YOUR RECORDS If you do d it to the MID PENN BANK MM,M9Ma?001a?99CMSM .@C.T... =m MOYID O ?a anal w aas9 a=as 1492 a= c 9)UTH CENTRAL I Aomunt: 6505754 Rage: 6 S4BT 1?9rf1?/910'q?69 ?r'!O Y' IY A3'M = r. M ,Oc 7 r µsW? 1a1999999a-S69919?N"• •?- 9999+ OS 21/2003 1467 160.00 9?IaLel9ao.9¢ .w m aw 9anrasw _ a00aa99r aD9a90Y01C &MST ?V /0099109009/ OS 22 2003 1460 1,000.00 ______ _- 1469 99M0MSM- a99s.! ®a?o m ao X909 ?{? p?a Iae) ?ar? ? s aria - ?..? • c aarr?s°? V. _ rt /9mpo94K'N +maaarv. a09a909991c 9199T5?M i STATEMENT rUPLAND MORTGAGE One Presidential Boulevard 4th Floor Suite 411 Bala Cynwyd, PA 19004 0000043689 ******* MIXED AADC 350 /11'??III???IIII?I?II?I?fll?l?? SPANGLER JR, ROBERT F SPANGLER ALETA A 26 AND 28 EAST SIMPSON STR MECHANICSBURG PA 17055 H,xv to contact us: e Please have your loan number available for rate when you call. * To ask about this statement call 1-888-222-5458 • UPLAND MORTGAGE One Presidential Blvd. Suite 411 Bala Cynwyd, PA 1980 4-9901 ACCOUNTNUMBEA r BTATEMEN10A1'E 1001011645 05/28/2003 R?- ?pRT? IF AL€ASE-NOTE--THAT-I-F-M CURRENTLY -1HAVE--AN-OPEN--BMMRUPTCY CASE-, THEN T THIS NOTICE OF PAST AMOUNTS DUE IS FOR INFORMATIONAL PURPOSES ONLY, A A ALE AND ONLY THOSE AMOUNTS REFLECTED ON THIS STATEMENT THAT HAVE ACCRUED BANKRUPTCY PETITION ARE CURRENTLY DUE AND 0 AFTER THE LING OF YOUR -y INSTALLMENT PAYMENT: C ' ESCROW PAYMENT: y 5 0 S 7 1??`?ATE CHARGE BALANCE: $27.23 CURRENT AMOUNT DUE: PAST DUE ANOINT: 42.178.68 OTHER CHARGES BALANCE: $0.00 TOTAL PAYMENT(S) DUE MOW: 52,723.35 TOTAL CHARGES DUE NOW: 027.23 TOTAL PAYMENT AND TOTAL CHARGES DUE NOW: $2,750.58 YOU WILL BE ASSESSEDiIA LATE CHARGE OF 027.23 IF YOUR INSTALLMENT IS RECEIVED AFTER 06 A late fee equal to a percentage of your m?Mhly payment will be assessed and added to your payment if payment is not received on the day it is due, a grace period has been provided in your Nobs. Paylnent instructions: • Donotsendcash ? : Do not attach your check to the payment couppn • Do not include correspondence w Write your loan numbe- on your check oimmley order * Write in any additional amounLS you are ndu mg ,R Make check payable to Upland Mortgage Avoid Late Charge. Wakeyourpaymenton orbefore the due date each not have a statement, wrRe your loan number on your check or money order address below. RETAIN THIS PORTION FOR YOUR RECORDS If you do I it to the IID =PENN BANK {i1vr. BC Baits a?Mnmg?s aau6BB?eu '°°a=??a.B6o1O.a ? B teat ??'? NBas4B' wi-wBOx BOBBS _ _/ MUK.c1 SCiUTH CENTRAL CONTRACTING Account: 6505754 Page: 7 BBBM.'aw BBOS Ba maasBBOM 1648 1540 By?BLfn11BAC1i BlaP.Bt I--s??y ?aO MaoB 30D w a?aa a?a ?s°w. UPLAND L MORTGAGE P.O. BOX 41415 Philadelphia, PA 19101-9386 0000002323 SPANGLER JR, ROBERT F SPANGLER ALETA A 26 AND 28 EAST SIMPSON STR MECHANICSBURG PA 17055 STATEMENT How to contact us: • Plesse have your Iran number available far refer when you caN- • To ask about this statement call 1.888-222-5450 67 5544 b sy G?r INSTALLMENT PAYMENT: . c I ( 2 ESCROW PAYMENT: I CURRENT AMOUNT DUE: j =_'L0 $544.67 u? ?` LATE CHARGE BALANCE: $27.23 PAST DUE AMOUNT: I 52.723.35 OTHER CHARGES BALANCE: $525.00 ' TOTAL PAYMENT(S) DUE NOW: $3,268.02 S DUE NOW: $552.23 TOTAL CHARGE TOTAL PAYMENT AND TOTAL CHARGES DUE NOW: $3,820.25 YOU WILL BE ASSESSED A LATE CHARGE OF $27.23 IF YOUR ]INSTALLMENT IS RECEIVED AFTER 08 A late fee equal to a percentage of your onthly payment will be assinns d and added to your payment if payment is not received on the day it is due, u leas a grace period has been provided in your Note. Payment /nstrudSons: • Do not send cash ? Avoid Late Charge. Make your payment on or before the due date each m Or. If you do • orh Do not attach your check to Ore payment crou not have a statement, write your loan number m your check or money Order an mail it to the • Do not include correspondence address below. • y order Write you loan number on your check or m • 0e Write m any additional amounts you are Ind ng • Make check payable to Upland Mortgage RETAIN TNN PORTION FOR YOUR RECORDS MID =PENN BANK ,e an6 aa6m ?6r< 668l ?40 m • Ssw fns awmtsnw.mr6?s?or.c _ -. .? rr ' e66asa+. masa6666re 1 YJTH CENTRAL CONTRACTING Aixount: 6505754 Page: 5 .6m6csrr6.?.a?s.66: cs6ssw 1583 8 1684 ir?. mmm aao .. = I 1888 1666 swmcd6as.W616?6r6?oo m+r?6-? ?? 6416Caot? Aso w ass .3ee ?&K er3la6 w asrstw UPLAND MORTGAGE P.O. Box 414 15 Philadelphia, PA 19101-9386 ,IAILMLNI 0000018740 ******* MIXED AADC 350 SPANGLER J8, ROBERT F SPANGLER ALETA A 26 AMD 28 EAST SIMPSON Stilt MECHANICSBURG PA 17055 How to contact us: e Please have yoor loan number ava0abletor kale, when you cac a To ask about his statement call l-P80-222-5458 q,. HOggR'•..F, - PLEASE-'NOTE THAT IF IDU CURRENTLY -HAYE?{N--OPEN BAFIKAUPTCY CASE, SHEN A?:ifA A THIS NOTICE OF PAST AMOUNTS DUE IS FOR INFORMATIONAL PURPOSES ONLY, AND ONLY THOSE ANOINTS REFLECTED ON THIS STATEMENT THAT HAVE ACCRUED '- AFTER THE FILING OF YOUR BANKRUPTCY PETITION ARE CURRENTLY DUE AND 0 INSTALLMENT PAYMENT: /Y IL. fF'S9? ?7ZJ7A'?J l 6 ESCROW PAYMENT: CURRENT AMOUNT DUE: ? 00 $544.67 LATE CHARGE BALANCE: *27.23 PAST DUE AMOUNT: $2.723.35 OTHER CHARGES BALANCE: 00.00 TOTAL PAYMENT(S) DUE N NW: $3,268.02 TOTAL CHARGES DUE NOW: $27.23 III TOTAL PAYMENT AND TOTAL CHARGES TRUE NOM: $3,295.25 YOU WILL BE ASSESSEd A LATE CHARGE OF *27.23 IF YOUR INSTALLMENT IS RECEIVED AFTER 07 A late tee equal to a percentage of your Igonthly payment will be assessed and added to your payment if payment is not received on the day it is due, a grace period has been provided in your Note. Payment instructions: li • Donotseadcash • Do not attach your check to The payment coupon ? Do not include correspondence s Write your loan number on your check or m ey order r Write in any additional amounts you are inch, ling e Make check payable to Upland Mortgage I Avoid Late Charge. Make your payment on or before the due date each month- Nyou do not have a statement, write your loan number on your check or money order erg mall it to the address below. RETAIN THIS PORTION FOR YOUR RECORDS MID PENN BANK ------------- >s. ,alI11 mNNILC,KPIai®! NG ?w r LSL# ?OSLlO,OIC LS,s 08/14/2003 ISW9 I $667.40 I 3Sq Sallll mNML CCNI m.'INRaI„V?a,- r?Lw q g 8w?w_ n +m LSO. msslos?+c ins OB 14/2003 15 78.50 15,1 ,amt mmML m?ollr?aili uiW_ ._MG _ _ Sao m `fiats s? r 11,G„N„ SM W lO,OGI 09/21/2YY? 1.oa} 4zvv.w 90UTH CENTRAL CONTRACTING Account: 6505754 Page: 6 ,LAIN mNIIlL. OO{iC ?u•i,iDtl.LC 18,. ,C14N1 mNM. WNINmINii YIO?.,G ?w wt i s,s v 15,6 15,6 ,OYNI mIMLmN,IICYYYI uro a0 AdSD ir_Tl e Aac L 2eA •a F16. S-i"7 r. WLb tiNw/o?BR'e - -. 4e .03& NN W yr va STATEMENT r UPLAND MORTGAGE P.O. Box 41415 Philadelphia, PA 19101-9386 0000042211 ***s*** MIXED AADC 350 /11??'111???1111?1?11'1'111?1'I SPANGLER JRr ROBERT F SPANGLER ALETA A 26 AMD 28 EAST SIMPSON STR MECHANICSBURG PA 17055 How to contact us: e Please have your loan number aveilal le for refer when you call. s To ask about this statement calf 1-888-222-5458 AC1?R11RBE1? S ?? -... 1001011645 08/27/2003 1 ? ?I?z9 INSTALLMENT PAYMENT: 5544.67 "' 1141, ESCROW PAYMENT: CURRENT AMOUNT DUE: 544.67 LATE CHARGE ISALANCE: PAST DUE AMOUNT: $2.178.68 OTHER CHARGES BALANCE: N?YI TOTAL PAYMENT(S) DUE $2,723.35 TOTAL CHARGES DUE NOW: YOU WILL BE A late fee equal to a percentage of your Payment Instructions: a Do not send cash Do not attach your check to the payment CO • Do not include correspondence y write your loan number on your check or mi s Write n any additional amounts you wend s Make check payable to Upland Mortgage $0.00 $192.47 $192.47 TOTAL PAYMENT AND TOTAL CHARGES DUE MOM: $2,915.82 A LATE CHARGE OF $27.23 IF YOUR INSTALLMENT IS RECEIVED AFTER 09 u t will be assessed and added to your payment if payment is not received on the day it is due, a grew period has been provided in your Note. Avoid Late Charge. Wake your payment on or before the due date each not have a statement, write your loan number on your check or money order order address below. I _. _ _ . gfSAH Tale POHnON.EO _P'c if you do it it to tie souTM(ENTRALc gpopur?:E605754 page:6 MID PENN BANK .IPT _. .msv? , Mlw atM ?? e??c Lou •c ?aa.i L6'io? ?o? UPLAND Eff"IMORTGAGE P.O. Box 41413 Philadelphia, PA 19101-9386 0000001928 Imlllurlllnulflnlr?ntlr?l SPANGLER JR, ROBERT F SPANGLER ALETA A 26 AND 28 EAST SIMPSON STR MECHANICSBURG PA 17055 Haw to contact us: • Please have your loan number available for reference when you call. • To ask about this statement call I-8M-222-5458 ? t ?ACk00?ltFl`NtIM6 STATE 5/2003 2003 1001011645 09/25 rA ? ?? 6 ? At? ? r _ INSTALLMENT PAYMENT: 4544.67 FORCED PLACE INSURANCE: $818.83 ESCROW PAYMENT: CURRENT AMOUNT DUE: 0544.67 LATE CHARGE BALANCE,. 481.69 PAST DUE AMOUNT: 02.178.68 OTHER CHARGES BALANCE: 0192.47 TOTAL PAYMENT(S) DUE MGM: 02,723.35 TOTAL CHARGES DUE NOW: 01,092.99 TOTAL PAYMENT AND TOTAL CHARGES DUE NOW: $3,816.34 YOU WILL BE ASSESSED IA LATE CHARGE OF 927.23 IF YOUR INSTALLMENT IS RECEIVED AFTER 10, A late fee equal to a percentage of your Payment Instructions: • Do not send cash • Do not attach your check to Me payment I • Do not include correspondence • Write your loan number on your check m • Write in any additional amounts you weA # Make check payable to Upland Mortgage mt will be assessed and added to your payment if payment is not received on the day it is due, a grace period has been Provided in your Note. Avoid Late Charge. Make yow payment m m before Ore due date each mmt. If you do not have a statement, write your loan number m your check or money order and ar) it loMe address below. RETAIN THIS PORTION FOR YOUR RECORDS STATEMENT I VERIFICATION The undersigned, being authorized to matte this Verification on behalf of the defendants, hereby verifies that the facts set forth in the foregoing Response are true and correct to the best of his/her knowledge, information and befief. I UNDERSTAND T14AT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated Robert Spangler Jr (l '-) 1l - - ? 1 , > _ ` 1 ?) f-- :, ? 1 _ _ ___ ' _._ T , .. tii ___ q HOMEAMERICAN CREDIT, INC. d/b/a UPLAND MORTGAGE, Plaintiff vs. ALETA A. SPANGLER and ROBERT F. SPANGLER, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 2003-05336 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue, without prejudice, the above-captioned action. Respectfully submitted, Jill . Wineka, Esquire A rney ID # 58802 Leon P. Haller, Esquire Attorney ID # 15700 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated: 6 12-//6 u/ CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of Plaintiff's Praecipe to Discontinue upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Aleta A. Spangler 26-28 East Simpson Street Mechanicsburg, PA 17055 Pro Se Defendant Robert F. Spangler, Jr. 26-28 East Simpson Street Mechanicsburg, PA 17055 Pro Se Defendant Barbara A. Shadel Dated: W4110 q L ?Tl C-?_ .-? [__: T - ?:n r: ? ???. N ? N <-> c> r -" C' ? ? n <n - ?L J 1" - , HOMEAMERICAN CREDIT, INC DBA UPLAND 03-5336 CIVIL TERM MORTGAGE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ALETA A SPANGLER AND ROBERT F SPANGLER JR. Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RESPONSE TO COMPLAINT 1. Plaintiff filed complaint on October 8, 2003 avering that plaintiffs had not paid mortgage payments since April 9, 2003. 2. Said complaint was signed and verified by Carolee Berasi, Esq, stating that all facts set forth within are true and correct. 3. Defendants responded on October 23, 2003 with proof that all payments had been made prior to the date of the complaint. 4. Defendants hereby request that the court rule against the plaintiff and prohibit defendant from adding attorney's fees the the mortgage balance based on this frivolous filing. 5. Defendants also request that the court provide a monetary settlement to defendants for the continual harassment perpetrated by the plaintiff and for the frivolous filing of this complaint. VERIFICATION The undersigned, being authorizes{ to make this Verification on behalf of the defendants, hereby verifies that the facts set forth in the foregoing Response are true and correct to the best of his/her knowledge, information and befief 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. Robert Spangler Jr w CA) G? Fn .7 C'.S c?? r n O? 1 2 3 HOMEAMERICAN CREDIT, INC DBA UPLAND, ) Case No. 03-5336 CIVIL TERM IN THE COURT OF COMMON PLEAS 4 MORTGAGE, ) CUMBERLAND COUNTY, PENNSYLVANIA 5 Plaintiff, ) CIVIL ACTION - LAW 6 vs. ) 7 ALETA A SPANGLER AND, ROBERT F ) REQUEST FOR RULING 8 SPANGLER JR, ) 9 Defendant ) 10 11 12 1. Plaintiff filed complaint of October 8, 2003 avering that plaintiff had 13 not paid mortgage payments between April 9, 2003 and the date of 14 filing. 15 2. Said complaint was signed and verified by Carolee Berasi, Esq, stating 16 that all facts set forth within were true and correct. 17 3. Defendants responded on October 23, 2003 with proof that all payments 18 had been made during that time. 19 4. Defendants hereby request that the court rule against the plaintiff and 20 order plaintiff remove all attorney's fees and any other costs plus any 21 interest that may have accrued on same from the mortgage balance. 22 5. Defendants also request that the court provide monetary settlement to 23 the defendants as punishment to plaintiff for filing this frivolous 24 complaint. 25 6. Defendants request that the court impose monetary and legal sanctions as provided by 18 PA.C.S Section 4904 against plaintiff Homeamerican - 1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Credit Inc, DBA Upland Mortgage and against Carolee Berasi for filing of a frivolous and unsubstantiated complaint. Dated this 18t day of November, 2007 er Jr Oja& 0 Aleta A Spangler 26 EAST SIMPSON STREET MECHANICSBURG PA 17055 - 2 `-? c=am ZZ 773 ? ?