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HomeMy WebLinkAbout08-1122THE FIRST NATIONAL BANK OF COURT OF COMMON PLEAS MARYSVILLE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 08- N al Civil 76M MORTGAGE FORECLOSURE CHARLES P. TOCI JENNIFER E. TOCI Defendants N 0 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 this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) DIAS DESPUES DE LA NOTIFACION DE ESTA Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO DONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR POSIBLE QUE ESTA OFICINA LE AGENCIAS QUE OFREZCAN SERVICIOS PERSONAS QUE CUALIFICAN. Legal Services, 8 Irvine Row Carlisle, Pennsylvania LOS SERVICIOS DE UN ABOGADO, ES PUEDA PROVEER INFORMACTION SOBRE LEGALES SIN CARGO 0 BAJO COSTO A Inc. 17013 (717) 243-9400 If this is the First Notice that you have received from this office, be advised that: PURSUANT to the Fair Debt Collection Practices Act 15 U.S.C Section 1692 et seq. (1977) Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, counsel for Plaintiff will obtain and provide defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, counsel for plaintiff will send defendant(s) the name and address of the original creditor, if different from above. The law does not require us to wait until the end of the thirty (30) day period following first contact with you before suing you to collect this debt. Even though the law provides that your answer to this complaint is to be filed in this action within twenty (20) days, you may obtain an extension of that time. Furthermore, no request will be made to the court for a judgment until the expiration of thirty (30) days after you have received this complaint. However, if you request proof of the debt or the name and address of the original creditor within the thirty (30) day period that begins upon your receipt of this complaint, the law requires us to cease our efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you. You should consult an attorney for advice concerning your right and obligations in this suit. If you have filed bankruptcy and received a discharge, this is not an attempt to collect a debt. It is an action to enforce a lien on real estate. This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. THE FIRST NATIONAL BANK OF MARYSVILLE Plaintiff VS. CHARLES P. TOCI JENNIFER E. TOCI Defendants :COURT OF COMMON PLEAS :CUMBERLAND COUNTY,PENNSYLVANIA MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is The First National Bank of Marysville, a Pennsylvania corporation with an address at 1 Centre Square, Marysville, Pennsylvania 17053. 2. Charles P. Toci, a Defendant and Mortgagor, is an adult individual with an address of 528 West Simpson Street, Mechanicsburg, Cumberland County, PA 17055 3. Jennifer E. Toci, a Defendant and Mortgagor, is an adult individual with an address of 528 West Simpson Street, Mechanicsburg, Cumberland County, PA 17055. 3. On or about January 31, 2007, Mortgagors executed and delivered a Note in the sum of $210,000.00, payable to The First National Bank of Marysville, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 4. Contemporaneously with and at the time of the execution of the aforesaid Note, in order to secure payment of the same, Defendants executed and delivered to The First National Bank of Marysville, a certain real estate Mortgage which is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania Book No.1982 Page 0160, conveying the subject premises to Plaintiff, which mortgage is incorporated herein by reference. 5. The land subject to the Mortgage contains 1 tract. That tract is situated in the Borough of Mechanicsburg, County of Cumberland, Pennsylvania and is more particularly described in Exhibit "B" attached hereto and made a part hereof, and is known and numbered as 528 West Simpson Street, Mechanicsburg, PA 17055. 6. Mortgagors are the real owners of the land subject to the Mortgage. 7. The mortgage is in default because defendants owe $227,983.35 because Mortgage has fully matured on October 01, 2007 and full amount now due. (a) Unpaid principal to M (b) Late Fees (c Interest to March 14, (d) Mortgage Satisfaction (d) Attorney's Commission arch 14, 2008 $210,000.00 132.08 2008 7251.27 100.00 5% + 10,500.00 $227.983.35 Total Amount Due $227.983.35 together with interest at the per diem rate of $46.98 per day after March 14, 2008, 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. Mortgagors are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. Plaintiff has also complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. A copy of the notice is attached hereto, marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment against the Defendants, Charles P. Toci and Jennifer E. Toci in the amount of $227,983.35, together with interest at the per diem rate of $46.98 after March 14, 2008, other charges and costs incidental thereto to the date of Sheriff's Sale and judgment against the Defendants and for foreclosure and sale of the property within described. Z. ?. © D Date: 'L?), , , ?a? Arthur M. Feld Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 Attorney for Plaintiff FIXED RATE NOTE (Daily Simple Interest) $210,000.00 January 31, 2007 Marysville, Pennsylvania FOR VALUE RECEIVED, the undersigned (jointly and severally) promise to pay The First National Bank of Marysville a Pennsylvania Corporation, ("Note Holder" ) ' sum of Two Hundred Ten Thousand Dollars and 00/100 the principal with interest. on the unpaid ($210,000.00) principal balance from the date of this Note, until paid, at the rate of eight and one quarter (8.250) per cent, per annum. Principal and interest shall be paid on demand, in the absence of demand, interest payments shall be made in six (6) consecutive monthly installments on the outstanding balance, followed by payment in full of principal and interest on August 5, 2007. The first payment is due on the March 5, 2007, and the 5th day of each month thereafter. Payment shall be payable in lawful money of the United States of America, at the offices of the holder in Marysville, Pennsylvania (or at such other place as the Note Holder may designate in writing). In applying installments under this Note, Note Holder will apply all amounts received first to all interest accrued on the date the payment is credited and then to the unpaid principal balance until the entire indebtedness, evidenced by this Note, is fully` paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on August 5, 2007. In the event of a default in the payment of any installment due on this Note, a default in the performance of any covenant or condition in the Mortgage securing this Note or a default in the performance of the obligations imposed by any Mortgage constituting a lien superior to the Mortgage securing this Note, the Note Holder upon providing the undersigned with such notice as required by law, shall have the right and option to declare the entire unpaid balance of this within indebtedness due and payable at once and to foreclose any Mortgage securing this Note. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of a subsequent default. The Note Holder may require the undersigned to reimburse Note Holder for any charge the Note Holder has been required to pay upon the dishonor of the undersigned's check. If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15) 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. The undersigned may prepay without penalty the indebtedness evidenced hereby in whole or in part at any time. Any prepayment will be applied to the outstanding principal balance after payment of all late charges and interest through the date of such prepayment. Any prepayment will not postpone the due date of any subsequent monthly installment unless Note Holder otherwise agrees in writing. In the event it becomes necessary to refer this Note to an attorney at law for collection, or if this debt or any part hereof be collected by any attorney in legal proceedings of any kind, the undersigned shall reimburse Note Holder for such reasonable attorney's fees, court costs and fees as are actually incurred by Note Holder in the collection of any part of the debt evidenced by this Note. The undersigned has been informed and understands that credit life insurance is not required to obtain credit. Property insurance on the real property described in the Mortgage may be obtained from any one you want that is acceptable to the Lender. The undersigned and all endorsers, sureties and guarantors further consent to any and all extensions of time, renewals, waivers or modifications which may be granted or consented to by the Note Holder hereof as to the time of payment or any other provision of this Note. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors, and endorsers hereof. This Note is the joint and several obligation of each maker and shall be binding upon them and their heirs, successors and assigns. The party agrees that he has engaged in this transaction evidenced by this Note and the Mortgage securing this Note pursuant to applicable federal, as well as state law, including the Secondary Mortgage Loan Act, as have been preempted by applicable federal law. This Note is secured by a Mortgage of even date herewith executed by Charles P. Toci and Jennifer E. Toci, his wife, to The First National Bank of Marysville,. constituting a. first lien on the real property located in Cumberland County and a second lien on the property located in Adams County, duly filed for record in the Office of the Recorder of Deeds for said Counties. IN WITNESS WHEREOF, each individual has set their hands on the date first written above. Charles P. Toci Jenn'f r E. oci CUMBERLAND COUNTY ALL THAT CERTAIN lot or parcel of land, situate on the South side of West Main Street in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the building line of West Street at corner of Lot now or formerly of J. Frank Hensel, North seventy four (74) degrees East, fifty four and six tenths (54.6) feet to an iron pin on line of lot now or formerly of Richard E. and Betty Shambaugh; thence along same South eighteen (18) degrees twenty four (24) minutes East, ninety four and two tenths (94.2) feet to a point in the center line of West Simpson Street; thence along said center line South eighty one (81) degrees twenty six (26) minutes West fifty five and fifty five hundredths (55.55) feet to a point on the building line of West Street aforesaid; thence along said building line; North eighteen (18) degrees twenty four (24) minutes West, eight seven and forty five hundredths (87.45) feet to a pin at the point and place of BEGINNING. BEING known and numbered as 528 West Simpson Street, Mechanicsburg, PA 17055. BEING the same premises which C & C Residential Builders, Inc., a Pennsylvania corporation by their deed recorded on February 9, 2007, and recorded in the Cumberland County Recorder of Deeds office in Book 278, Page 3743, granted and conveyed to Charles P. Toci and Jennifer E. Toci, his wife, mortgagors herein. E)-?41 bi? `8 Date: January 11, 2008 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 (FIEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet 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 can 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 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. * (Must be at least 30 point type) Page I of 5 } ? x HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: Charles P. Toci Jennifer E. Toci 70 Senica DrYork Springs, PA & 528 W. Simpson St. Mechanicsburg, PA 228550 ORIGINAL LENDER: First National Bank of Marysville CURRENT LENDER/SERVICER: First National Bank of Marysville HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND. HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency 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. Page 2 of 5 °i AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 78 Recenra nr York SDringn PA 9 S2a W Sim=Son St- MpChaninshiltg+ PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Prin _ipal $210,000.00 1'n rPGt• 5,770.24 Other charges (explain/itemize): 66.04 Late Charge TOTAL AMOUNT PAST DUE: $915, 836 28 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): Loan has Matured on October 01, 2007 and you have failed to pay this loan off 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 $ 215,836-28 , 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: You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Do not use if 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 lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. Page 3 of 5 r 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 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 fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: 1 C'ant•rr? ?r• 9M Finn?- st•; P () Rnx R Marpyille, PA- 17053 Phone Number: 71 957-1601 Fax Number: (717) 957-4578 Contact Person: James D. Metcalf AVP EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied._ Page 4 of 5 5. i YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all CounselinQAgencies listed in Appendix C FOR THE COU1VTYin which the property is located, using additional pages if necessary) Page 5 of 5 r Housing Counseling Agencies-Agencias para Consejo al Cliente Please note: Many of the agencies offer workshops at various sites; call to find a location near you. Report last updated: 11/28/2007 9:55:21 GGGS of Western PA Mary Loftus 917 A Logan Blvd. Altoona PA 16602 888.511.2227 Fax Number: 412.390.1336 Indiana County Community Action Program Randy Foster 827 Water Street Indiana PA 15701 724.465.2657 Fax Number: 724.465.5118 Keystone Economic Development Corporation Jackie Lightfoot 1954 Mary Grace Lane Johnstown PA 15901 814.535.6556 Fax Number: 814.539.1688 Northern Cambria Group (NORCAM) Vicki Vasile 4200 Crawford Avenue S-200 Northern Cambria PA 15714 814.948.4444 Fax Number: 814.948.4449 Rural Opportunities, Inc. Michael Johnson 1625 N. Front Street Harrisburg PA 17102 717.234.6616 Fax Number: 717.234.6692 Clinton County C C C Service of N.E.P.A. Craig Seiner 401 Laurel Street Pittston PA 18640 800.922.9537 Fax Number: 814.238.3669 Step, Inc. Dan Merk 2138 Lincoln Street Williamsport PA 17701 570.326.0587 Fax Number: 570.322.2197 Columbia County C C C Service of N.E.P.A. Craig Seiner 401 Laurel Street Pittston PA 18640 800.922.9537 Fax Number. 570.323.6626 Crawford County CCCS of Western PA Mary Loftus 4402 Peach Street, Lower level Erie PA 16509 888.511.2227 Fax Number: 412.390.1336 Center for Family Services Lisa Foust 213 W. Center Street Meadville PA 16355 814.337.8450 Fax Number: 814.337.8457 Saint Martin Center Dave Pesch 1701 Parade Street Erie PA 16503 814.452.6113 Ext. 117 Fax Number: 814.461.9483 Shenango Valley Urban League Mark Thompson 601 Indiana Avenue Farrell PA 16121 724.981.5310 Fax Number: 724.981.1544 Cumberland County CCCS of Western PA Mary Loftus 970-D South George St. York PA 17403 888.511.2227 Fax Number: 412.390.1336 Community Action Commision Capital Region Jake Burke 1514 Derry Street Harrisburg PA 17104 717.232.9757 Fax Number: 717.234.2227 Page 8 of 25 e, Housing Counseling Agencies-Agencias para Consejo al Cliente Please note. Many of the agencies offer workshops at various sites; call to find a location near you. Report last updated: 11/28/2007 9:55:21 Harrisburg Fair Housing Council Jim Pressley 2100 North 6th Street Harrisburg PA 17110 717.238.9540 Fax Number. 717.233.5001 Housing Redev. Auth of Cumberland County Pat Mrkobrad 114 N. Hanover Street, Ste 104 Carlisle PA 17013 866.683.5907 Ext. 26 Fax Number. 717.249.4071 Loveship, Inc. Linda Thompson 2320 N. 5th Street Harrisburg PA 17110 717.232.2207 Fax Number: 717.232.2656 Pennsylvania Interfaith Community Programs, Inc. Keith Grandstaff 40 E. High Street Gettysburg PA 17325 717.334.1518 Fax Number: 717.334.8326 Rural Opportunities, Inc. Michael Johnson 1625 N. Front Street Harrisburg PA 17102 717.234.6616 Fax Number: 717.234.6692 Dauphin County CCCS of Western PA Mary Loftus 2000 Linglestown Rd.-302 Harrisburg PA 17110 888.511.2227 Fax Number. 412.390.1336 Community Action Commision Capital Region Jake Burke 1514 Derry Street Harrisburg PA 17104 717.232.9757 Fax Number: 717.234.2227 Harrisburg Fair Housing Council Jim Pressley 2100 North 6th Street Harrisburg PA 17110 717.238.9540 Fax Number: 717.233.5001 Loveship, Inc. Linda Thompson 2320 N. 5th Street Harrisburg PA 17110 717.232.2207 Fax Number: 717.232.2656 Rural Opportunities, Inc. Michael Johnson 1625 N. Front Street Harrisburg PA 17102 717.234.6616 Fax Number. 717.234.6692 Delaware County ACORN Housing Corp. of PA-Philadelphia Rosalind Carroll 846 N. Broad Street Philadelphia PA 19130 215.765.1018 Fax Number: 215.765.0045 Advocates for Financial Independence Steven Johnson 202 E. Hinkley Avenue Ridley Park PA 19078 215.389.2810 Fax Number: 215.389.3373 Asociacion de Puertorriquenos en Marcha -APM Rose Gray 600 W. Diamond Street Philadelphia PA 19122 215.235.6070 Fax Number: 215.235.7335 C C C Service of Delaware Valley Anita Brown 280 North Providence Road Media PA 19063 215.563.5665 Fax Number: 215.563.7020 Cambria Community Development Corporation Larry Custer 401 Candlelight Drive Ebensburg PA 19131 814.472.6711 Fax Number: 814.472.4233 Carroll Park Community Council, Inc. Gertrude Weaver 5218 Master Street Philadelphia PA 19131 215.877.1157 Fax Number: 215.878.2722 Page 9 of 25 s ,. 3 Housing Counseling Agencies-Agencias para Consejo al Cliente Please note: Many of the agencies offer workshops at various sites; call to find a location near you. Report last updated: 11/28/2007 9:55:23 TREHAB Center, Inc. Corky Staats 10 Public Avenue Box 366 Montrose PA 18801 570.888.0412 Fax Number: 570.278.1889 York County CCCS of Western PA Mary Loftus 970-D South George Street York PA 17403 888.511.2227 Fax Number. 412.390.1336 Housing Alliance of York County Steve Knaub 35, South Duke Street York PA 17401 717.854.1541 Fax Number: 717.845.7934 Opportunity, Inc. Rebecca Jackson 301 East Market Street York PA 17403 717.424.3579 or 424.3645 Fax Number: 717.754.0300 Pennsylvania Interfaith Community Programs, Inc. Keith Grandstaff 40 E. High Street Gettysburg PA 17325 717.334.1518 Fax Number: 717.334.8326 Page 25 of 25 a Housing Counseling Agencies-Agencias.pars Consejo al Cliente Please note: Many of the agencies offer workshops at various sites; call to find a location near you. Report last updated: 11/2812007 9:55:20 Adams County CCCS of Western PA Mary Loftus 970-D South George Street York PA 17403 888.511.2227 Fax Number: 412.390.1336 Housing Alliance of York County Steve Knaub 35 South Duke Street York PA 17401 717.854.1541 Fax Number: 717.845.7934 Opportunity, Inc. Rebecca Jackson 301 East Market Street York PA 17403 717.424.3579 or 424.3645 Fax Number: 717.754.0300 Pennsylvania Interfaith Community Programs, Inc. Keith Grandstaff 40 E. High Street Gettysburg PA 17325 717.334.1518 Fax Number. 717.334.8326 Rural Opportunities, Inc. Michael Johnson 1625 N. Front Street Harrisburg PA 17102 717.234.6616 Fax Number: 717.234.6692 Allegheny County Action-Housing Arthur Marizzaldi 425 6th Avenue, Suite 950 Pittsburgh PA 15219 412.281.2102 Fax Number: 412.391.4512 Building United of Southwestern PA Kellie Conley 801 N. Homewood Ave. Suite 202 Pittsburgh PA 15208 412.731.7180 Fax Number: 412.731.7183 Butler Home Ownership Program Rebecca Veith 114 Woody Drive Butler PA 16001 724.287.6797 Fax Number: 724.287.7906 CCCS of Western PA Mary Loftus 2403 Sidney Street, Suite 400 Pittsburgh PA 15203 888.511.2227 Fax Number: 412.390.1336 Fair Housing Partnership of Greater Pittsburgh Tina Doose 2840 Liberty Avenue Pittsburgh PA 15222 412.391.2535 Fax Number. 412.391.2647 Garfield Jubilee Association Joann Monroe 5138 Penn Avenue Pittsburgh PA 15222 412.665.5204 Fax Number. 412.665.5205 Housing Opportunities of Beaver County, Inc. Marcie Williams 282 East End Avenue Beaver PA 15009 724.728.7511 Fax Number: 724.728.7202 Mon-Valley Initiative Mike Mauer 305 E. 8th Avenue Homestead PA 15120 412.464.4000 Fax Number: 412.464.1750 Nazareth Housing Services Sister Pat Phillips 285 Bellevue Road Pittsburgh PA 15229 412.381.6925 Fax Number: 412.381.3797 Neighborhood Housing Services, Inc. Roy Banner 710 Fifth Avenue Suite 1000 Pittsburgh PA 15219 412.281.1100 Fax Number: 412.281.9987 Page 1 of 25 VERIFICATION James D. Metcalf states subject to the penalties of 18 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the Assistant Vice President for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. VERIFICATION James D. Metcalf states subject to the penalties of 18 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the Assistant Vice President for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. cs ?- ?" -? 1a _ ? 1 tom) 00 00 c... > ° r? ??- 0 s-. to SHERIFF'S RETURN - REGULAR CASE NO: 2008-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF MARYSVI VS TOCI CHARLES P ET AL RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TOCI CHARLES P the DEFENDANT at 0014:27 HOURS, on the 3rd day of March 2008 at 528 WEST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to CHARLES P. TOCI a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Srrcharge 3Ji..loP q ,? So Answers: 18.00 ?- ',?,,?? 10.56 .58 10.00 R. Thomas Kline .00 39.14 03/04/2008 ARTHUR FELD Sworn and Subscibed to before me this day of By. f 7 Deputy Sh iff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF MARYSVI VS TOCI CHARLES P ET AL RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TOCI JENNIFER E the DEFENDANT , at 0014:27 HOURS, on the 3rd day of March 2008 at 528 WEST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to CHARLES P TOCI ADULT IN CHARGE (SPOUSE) a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit Surcharge 10..00 00 R. Thomas Kline 3/68 .00 ?/'"' ? 16.00 03/04/2008 ARTHUR FELD Sworn and Subscibed to By: before me this day Deputy S eriff of A.D. THE FIRST NATIONAL BANK OF MARYSVILLE Plaintiff VS CHARLES P. TOCI JENNIFER E. TOCI Defendant/s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA :#08-01122 MORTGAGE FORECLOSURE Would you please discontinue the action on the above captioned Mortgage Foreclosure. To Prothonotary Date: April 24, 2008 /A --------------------- Attorney for Plaintiff ,_..y ?-- 4.a - v . ?Yi 4..' i