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HomeMy WebLinkAbout04-16511N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to ALLFIRST BANK Plaintiff No. VS. COMPLAINT IN MORTGAGE FORECLOSURE PAULA TOTH AND FRANCIS J. TOTH Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: CERTIFICATE OF ADDRESS: 112 BUNKER HILL ROAD TOWNSHIP OF FAIRVIEW PARCEL NO. 27-000-26-0316-00-0000 LORI A. GIBSON, ESQ. PA I.D. #68013 JON A. MCKECHNIE, ESQ. PA I.D. #36268 MARLENE J. BERNSTEIN, ESQ PA I.D.# 43574 Bemstein Law Firm, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. F0039502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to ALLFIRST BANK Plaintiff VS. PAULA TOTH AND FRANCIS J. TOTH Defendant(s) NOTICE AND COMPLAINT 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 this Complaint and Notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court, without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Two Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 (1-800) 990-9108 COMPLAINT 1. M&T Bank, successor in interest to All First Bank, is a corporation with offices at 1100 Wehrle Drive, 2nd Floor, Wi lliamsville, NY 14221 and is hereinat~er referred to as "PlaintiftTM. 2. Defendants are adult individuals who reside at 112 Bunker Hill Road, New Cumberland, Cumberland County, Pennsylvania 17070. COUNT I 3. On or about November 13, 2000, Defendants executed and delivered to Plaintiff a Mortgage on certain real property owned by Defendants. Said Mortgage was recorded in the Office of the Cumberland County Recorder of Deeds in Mortgage Book Volume 1396, Page 5078. A copy of said Mortgage is attached hereto, marked Exhibit "1" and made a part hereof. 4. Of even date with said Mortgage, Defendants executed and delivered to Plaintiff a Note, a copy of which is attached hereto, marked Exhibit "2" and made a part hereof. 5. By the terms and conditions of the aforementioned Mortgage and Note, Defendants agreed to repay certain sums to Plaintiff and, in so doing, to make certain monthly payments to Plaintiff as is more specifically shown by said Mortgage and Note. 6. Plaintiff avers that Defendm~ts are in default of the terms and conditions of the aforementioned Mortgage and Note by having not made payments as agreed, thereby rendering the entire balance immediately due and payable. 7. On or about December 18, 2003, Notices of Homeowner's Emergency Act of 1983 were sent to Defendants in accordance with Act 91 of 1983(P.L.385, No. 91), as amended, m~d in accordance with Act 6 of 1974(P.L. 11, No. 6), as amended, and pursuant to 12 PA.Code Chapter 31, Subchapter B, Section 31.201 et seq., as amended, and that an action on said Mortgage may be commenced after 33 days from the postmark date of said Notice. Said Notice Further advised Defendants of Defendant's rights and obligations in accordance with said Acts. Copies of said Notices are attached hereto, collectively marked Exhibit "3", and made a part hereof. 8. Plaintiff avers that the outstanding principal balance due is $64,783.22. 9. Plaintiff is entitled to interest at the rate of 8.400 percent per am~um. Interest from May 14, 2003 through and including April 15, 2004 amounts to $5,024.67. 10. Pursuant to the terms and conditions of the aforementioned mortgage, Plaintiff, at its discretion, may do or pay ~vhatever is necessary to protect the value of the property and Plaintiff's rights in the property. This sum currently is $625.00. 11. Plaintiff is entitled to late charges of 10% of the monthly payment of principal and interest per month for a total of $991.44 from May 14, 2003 through and including April 15, 2004. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure on Count I against Defendants, jointly and severally, in the amount of $71,424.33 with continuing interest and late charges at the contract rate plus costs. COUNT II 12. On or about October 3, 2000, Defendants executed and delivered to Plaintiff a Mortgage on certain real property owned by Defendants. Said Mortgage was recorded in the Office of the Cumberland County Recorder of Deeds in Mortgage Book Volume 1417, Page 4817. A copy of said Mortgage is attached hereto, marked Exhibit "4" and made a part hereof. 13. Of even date with said Mortgage, Defendants executed and delivered to Plaintiff a Note, a copy of which is attached hereto, marked Exhibit "5" and made a part hereof. 14. By the terms and conditions of the aforementioned Mortgage and Note, Defendants agreed to repay certain sums to Plaintiff and, in so doing, to make certain monthly payments to Plaintiff as is more specifically shown by said Mortgage and Note. 15. Plaintiff avers that Defendants are in default of the terms and conditions of the aforementioned Mortgage and Note by having not made payments as agreed, thereby rendering the entire balance immediately due and payable. 16. On or about December 18, 2004, Notices of Homeowner's Emergency Act of 1983 were sent to Defendants in accordance ~vith Act 91 of 1983(P.L.385, No. 91), as amended, and in accordance with Act 6 of 1974(P.L. 11, No. 6), as amended, and pursuant to 12 PA.Code Chapter 3l, Subchapter B, Section 31.201 et seq., as amended, and that an action on said Mortgage may be commenced after 33 days from the postmark date of said Notice. Said Notice Further advised Defendants of Defendant's rights and obligations in accordance with said Acts. Copies of said Notices are attached hereto, collectively marked Exhibit "6", and made a part hereof. 17. Plaintiff avers that the outstanding principal balance due is $36,648.48. 18. Plaintiff is entitled to interest at the rate of 12.5 percent per annum. Interest due from May 14, 2003 through and including April 15, 2004 amounts to $4,229.35. 19. Pursuant to the terms and conditions of the aforementioned mortgage, Plaintiff, at its discretion, may do or pay whatever is necessary to protect the value of the property and Plaintiff's rights in the property. This sum currently is unliquidated. 20. Plaintiff is entitled to late charges of the greater of $20.00 or 10% of the monthly payment of principal and interest per month for a total of $804.60 from May 14, 2003 through and including April 15, 2004. 21. By the terms of the aforementioned mortgage, Defendants have agreed to pay Plaintiff's reasonable attorneys' fees, which currently are $950.00 and which will increase at the rate of $120.00 per hour depending on the extent of litigation required. 22. Although repeatedly requested to do so by Plaintiff; Defendants willfully failed and refuse to pay the aforesaid balance, interest, escrow advances, late charges, attorney fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure on Count II against Defendants, jointly and severally, in the amount of $42,632.43 with continuing interest and late charges at the contract rate plus costs. BERNSTEIN LAW FIRM, P.C. Marlen~J. Bemsteiff, Esquire Attorneys tbr Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. F0039502 396 TAX ID:. Thirteenth day of Janua~. 2000 j / PAULA D, TO'iN / / PAGE:.-- MORTGAGE 507 8 (CLOSED-END PAGE 1 OF 3 Pennsylvania 27-26-316 by ~,'~d between (h~reinafter called, wheth~ one or mom. "MortgAgor'), and AIlitrst ~ 25 South Charie,~ ~reet. Baltimore, Marylend 2120t (heretna~er called 'MortgAgee'). WHEREAS, as evidenced by a Simple Ir~erest Ins~lment Note A~d Secudt7 Agreement ~ated 01/13/2000 . end incur~orated herein by this reference (hereinafter called the *Note"), Bormwei. as Bom)wer is delined in the Ncte. isjusliyindel~tedunteMortg~eeintheprindpalamounto[ $ 83.900;00 and Moflgagor nas agreed that this MorigAge wfli seoJre the repayment of all the "Oflligatians', wlllch 1erin means M amounts loaned to Borrower under ~e Note. and any extensions or renewals thereof, as t~ now e~/sts or may ~erea~er be amended end all interext on such obig~LitOns. ~ all [dure advances and re,~lvances under the Note. and all costs and expenses bcurmd In respect to the obligations, including reas~neo~e counsel fees incurred to oblaln co[~'tton e/ter detault, a~l all amounts which Mortgagor pmmses to pay hereunder. ~.~ is here~'~her orovide~ NCW. THEREFORF~ THIS MORTG,~E W~TNE~SETH, That in consideration of the a[~reseJd indebtedness and of the s~m of O~e Dot, at, end to secure the ObiigaJtons, Mortgagor does hereby grant, as,.~go an~ com, ey unto Mortgagee., its successom And assigns, all lh~t ~ot of g,'ound and premises bcaJed 112 BUNKER RILL RD FAIRVtEW TOWNSHIP i.n FAiRVIEW , p enrlsy~vania,, I~owrl as NEW CU~ERLAND PA 17070 and more fuity des~bed in a Deed from FRANCIS J.'IOTH O2,94/1 YO.P,K.,. lo MortgAgor dated - .... , rem:, .~.~?g ~l~..La~.d .Rac~r~? ~f, ....... ~OUU~ in Deed Book 1313 ~ ' Page 7090 ...... '.together wl~ the buildings and improvements maroon, and the dgms, alleys, ways, w~ers, priVileges, agpurte~ences: and ~dvantages t~mth 5elong ng or m any ~se app~alning and any dot. tit e, interest or estate hema[~er acquired by Mortgagor. end a~ ina.trance proceeds and pmcueds from any condemnation or laAing by emine~ doman (hem~ ,a~.er callec~ the "Mort gage~ pmporly'~. .. ~_~. .... LEGAL DESCRIPTION: LOT 1 ~-A. PLAN BOOKV-102 ~AIRVIEW TOWNSHIP ~¢ . .-=" " " TO HAVE AND TO HOLD the Mortgaged Prop~ly unto Ali~sl Bank, its sucue~sors end assigns, in lee simple with power ct sale. IL however, Bonower shaJ pay the Obli~aitons in hJ~. ~x] 3edorm Its other pro'ices ez~d covenants hem~noe~, then at ~3y ~Jch 1fine Me,Agagaa will a] BUT ALWAYS PROVIDED. nevertheless, that ii this MorlgAge end the deb~ ttereby secured are paid i~ full in the manner ~m:Md~d in the Note.lben this Borrower and Mortgagor iointly and severally covenant and oromlse to Mortgagee as follows:. a. All payments on the Note wi~ be made when due. inducing payments due by ameiera, tion o[ matur~y, and all mher concr~en.t, covenants and c. Mortgagor will pa7 when due ali taxes and assessments and other governmental charges, ~uiuo'mg elec~cby, waler end sewer rents levied or assessed aganst tns or any part thereof. ~nd will deliver receipts ~herelor to the Mongogee upon request, and d~3JI pay when due a~ atriums secured by any 13d~ lien d. MongAgor w~ keep 1he insured against fire and such hazards in suc~ amount or amounts as may be required by the MongAgoe end ~e policies and the and will rreJntain the same in goo~_ order and repair:, and ~,c~tor., lease ~he same, CoILec~ ali renl$ and 3mills therefrom and. altar deducling all rests o~ collection and ~]g:jn~/ait~n~pense, appl¥ the net mats and such orde~ ~nd amounts as Mortgagee in Mortgagee's sole disc, retio~ may alest am~o~s['~l~ r~l~t~, account only for rents and i:x'oths actually receNed by Mortgagee: and , ~'''- ~ ! PAGE ur 1396 5081 RECORDER DF DEEDS YORK COUNTY P~NOYLVANIA I~TRU~NTNU~ 200002~0~ ~r 24, 2000 m · .' BOOK PAGE MORTGAGE 199'9356t74613,0 , J 3 9 6 5 0 7 9 (CLOSED-END CRED~ -.., PAGE2OF3 h. Condominium. 1[ the Mortgaged Property comprises a unit in. together with an undivided interest in the common aiements of. a condominium projec: {the "Condominium Project") and the owners association or other governing body of the Condominium Project ("Own'em Association') holds titie to property for the benefit or use o~ its members or shareholders, the Mortgaged Propel'b/shaJl also be comprised of the Mortgagor's interest in the Owners Association and the oroceese of such interest. Jn addition to the covenants and agrsemants made in the Mortgage and Agreement. the Mortgagor and the Mortgagee further covenant an0 agree as follows: (1) Assessments. The Mortgagor shall promptiy pay, when due. ali assessments imposed by the Owners Assucia~on oumuant to the provisions of ~he declarat/on, by-laws, code of regulations of the Owners Association or other cons~Jent documant~ o! the Condominium Project {hereinafter "Cons~:uent Documer~s'). (2) Hazard Insurance, So long as the Owners Association maintains a "master" or "blanket" policy, which is sat/sfactory in form to the Mortgagee, with a generally accepted insurance carrier on the Condominium Project and which provides insurance coverage in such amounts, for such periods, and against such hazards as the Mortgagee may require, including fire and hazards included within me :erin "extended coverage", then the Mor~gagor's obligation to maln~n hazand insurance coverage on the Mortgaged Propar~y is deemed satisfied to the extent that the recuired coverage is provid~,d by the owners Ascoclatior poticy. The Mortgagor sha~l give the Mortgagee prompt notice of any iapee in such required hazard insurance coverage. In the event of a distribution at hazard insurance proceeds Jn lieu of restoration or rcoaJr [oliowing a loss to the Mor[gagocl Proparty, whether ro me unit or to comr~on elements, subject to the rights of the holder at any permitled prior mortgage, any such proceeds payable to the Mortgagor are hereby.assigned eno shall be paid to the Mortgagee ~or applic~on to the sums secured by the Mortgage, with the excess, if any, paid ts the Mortgagor, as their interests may appear. (3) Public Liability Insurance. The Mortgagor shall take such actions as may be reasonable to insure that the Owners Associ~on maintains a public liability insurance policy acceptable in form. amourS, and extent of coverage to the Mortgagee. (4) Mortgagee's Prior Consent. The Morlgagor shaiJ not, excect after n~ce to the Mortgagee and with the Mortgagee's prior written consent, either partition or subdivide the Mortgaged Property or consent ~o: (i) the abandonment or terminabcn of me Condominium Project, except for abandonment or termination required by law in the of substantial des[ruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; ~ any amen~m ant to any provision of the Constituent Documents which is for benefit of the Mortgagee; [ii[') termina§or of pmfessicnaJ management and aesumotion Af self-management of the condominium Project Owners Association; ...... (iv) any action which wouto have the effect of rendering the public liability insurance coverage maintained by the owners (5) Notice to Mortgagee. In add~on to notices required to be given to the Mortgagee by Ae terms of the Mortgage, the Mortgagor shal] promp:~y give notice to the Mortgagee cf any ma:anal amendment to any provision of the Constituent Documents and also of any amendment to a material provision thereof. Examples of material provisions include, out ere not limited to, those which provide for, suocrdthation of such liens; the boundaries of any unit or the exclusive easement rights appertaining thereto; or reserves for 1§~3561746~30 . BOOK CAGE MORTGAGE i 3 9 65 0 8 O rCLOSED-~ND CRED~ PAGE 3 OF 3 IN WITNESS WHEREOF ~he Mo~lgagor has he~-eunlo set ha~[ and seaL Mortgagor FRANCIS J, TOTH Mortgag~ PAULA D. TOTH 'SEA[ STATE OF PENNSYLVANIA couN~ oF Notarial Se.~I { Diane K. Ungle, N ot~-y P~bl[c i~ Lemeyne i~oro, Cum~l~n0 Co'.mty J My Cornn'~ssi~a Ex~01r~s Feb. 24. 2003 P.D. ~ox 17292 Bal~more, Ma~and 21203 This Mortgage was prepared by Allfirst B~nk, P.O. Box 17292, BaJl~more. Ma~4a~d 21203 YS,SOS4A-990r8 19993561748130 SIMPLE INTEREST INSTALLMENT NOTE AND SECURITY AGREEMENT MORTGAGE LOAN - PAGE 1 OF 3 Pennsylvania DATE 01/13/2000 For value received, the undersigned (herein called "Borrower"), jointly and esveraily, if more then one, promises to pay to the order of Allfirst Bank, 25 South Charles Street, Baltimore, Maryland 21201 (herein called "Bank") at any of [ts offices the principal amount discbsed below with interest on the unpaid principal balance ft~m the date of this Simple Interest lestaiiment Note And Security Agreement (herein called "Note") at an annual interest rate disclosed below until paid. PRINCIPAL AMOUNT OF $ 83,900.00 ANNUAL RATE OF INTEREST OF payments: Borrower promises to make pa~nents at the times and in the amounts set forth in the payment schedule on he Tru~- n-Leading Disclosure Sta, tement. If payments are maae early then the total of payments finance charge the number of paymenta and the amount of payments may be leas l~n disclose(:[..If payments ara made Jato, then the total of payments and the finance charge maybe more than disclosed. Any adjustment which is necessanj because of an early, late or partial payment, wilt be made at the Bank's nptton either by adjusting the ne~t pa.)TTnent o.r. by adjusting the fin.al payment..P, ridr te the due al. ate of the ifnal payment the Bank will notify Borrower of the amount due. AJJpaymants will be appJtsd to Intereat, principal, te~s and insurance premiums as determmad sq, laiy by the Bank in accordance wifh adplicabla taw Alt prir~pal. interest, fees and expenses nat yet paid will be due on the date of the final payment. Ali ~incipal remaining unpaid at matodt7 wil continue to accrue interest atthe rate d~sclosed ~ave. Security: Borrower is giving a Security'inte~at]n: 112 BUNKER HILL RD FNRVIEW TOWNSHIP NEW CUMBERLAND PA 17070 Seeurl~/Agreemant: To secure the payment of this Note all costs one expenses incurred m the colies~n hereof, and the payment o any other li~ili~es of Barrel er(s~ to Bank. whether joint or several, now existing or hereafter [nsurred, direct or contingent, mature m' unmaturad, together w~ ~nterest on m of tne for~going, Borrower(s) hereby t~ansfers p]adges, grants a cecurity interest in and delivers to the Bank probe~ {herein ccllectk, aiy called 'Colleterai~ listed under 'Security', iesluding all proceeds thereof. The surrender of this Note, upon payment or otherwise, shall not: affect Bank's tight to ratam the Coltaterai as secuti[7 for any other lieb[lil[es of Bah'ewer(s) to Ba'tk, whether jo nt or save al. Bank w?es the right to ~'eat any household goods, other than household goods purchased with the proceeds of t:his Note, as eecurffy ~3r this Note. Banks ~hta and Borrower's du~es regarding the ColLateral ere sat bi*.h in the Protection of Security interest sestJon below and. if the Collateral is real property, in the Mortgage or Dead of Truer. Insurance of Collateral: Bank sh~l[ require Borrower(s) to maintain hazzrd nsuranme, Jlood insurance, and any other insurance coverage that Bank d~ems necessary to insure the Collateral, with Bank named as Joes payee or mortgagee in any policy for such insurance, until ali sums due under this Note and all ether [iaJ3~ities of Borrower(s) to Bank, whether joint or several, have been paid in tull. Borrower may obbain this insurance from any person Borrower chooses who is scoeptebla to the Bank, [f Borrower fails to provide or maintain requ red nsurence, Bank may obtain such insurance and the cost of such insurance will be either added te the principal amount then remaining or be immediately due and payable, at the Bank'.s sale disc .eden. Borrower(s) grants to Bank a security interest in the procsods of all insurance policies insuring the Collateral, es well as a sec~. n~ inter,.st..in a/(un, e~,rn..ed or retur,nad,pre,mi.ums for such insurance. 18orrower(s) hereby appoints Bank es Bo~ower's aL'torney-in-Jact to enoorse any oran or check mr me proceees er such msurance, or return of unearned premiums. Protect. ton .of Security Inte[.,eet or .Collateral: .Borrow, er(s) shall not plad!~e, sell, exchang, e, [ease, mortgage, encumber, conceeJ, remove or otherwise d[~e or any Collateral w~thout the prior wrJEee consent of Banl~.' Borrower(s) w~l[ not create ar permit any liens or security' interest~ othe.r than Banks to artsch to any of the Collateral alter the date of this Note. Borrower(s) shall kee~ the C~lJateral in good operating condition and rep~r~reeso.ce?e.w_es,r ,_an.d te~ e.xc.e, ptad. Borrower(s) shall promp!Jy execute any documents and pay any related fees, nesesesry to pedest and con n e pettestee ~ ..a~.K s Interest m the. Collateral. it: Borrower(s) falls to perform any covenants and agreements contained in this Note, or in any other document or wntlng execmad by any E~drrower s) in conjunction with this Note, Bank may, at [ts sole option, make such appearances, disbu~e such sums., an.d .t~a such action as. is nesessa~y to protest Bank's interest in ~e Collateral end ail such sums so disbursed sha~ be added to the then unpad prmclpal belam;e of this Note, shall be due and payable upon demand and shall bear interest at the rate herein prov dad until paid. Bo~rower(s irrevocably designates any of Banks officers, employees, agents and attorneys (with power of substitution) es Borrower's attorney in fact to sign Borrower's name to any financing atatemant, co~A'~uation st. aterneat, secud~ Interest firing stetemeni: or other document es Bank may reques~ in order to perfesk preserve, maintain or continue the psdestian ar priority of Bank s sesudty i~tereat in the Collateral Right of Set Off: Bank shaiJ have the right oi' set off against ail deposits of money of any Borrower(s) now or berea~er in the peesesaion of Bank for the payment of this Note and alt other liabilities of the Borrower(s}, whether joint or several, which now exist or may hereaJter arise in favor of Bank, Late Charge: Borrnwer(s) shall pay a single leto charge of 10% oi= the delinquent payment, or $20.00, whichever is greater, for each payment which ia more than 15 daya late. Such late charges shall be immediately due and payable. Return, Ch .e~.k Charge: .V~.ether o,r.not,,an¥ .p.a.~/ment is overdue and in addition to any late charge, Borrower a) agrees to pay $15 00 upon second presemmen[ to cover costa ncurree Dy uanK if Borrower(s) submits any payment by ohesk that: is later retornec[ unpaid. Prepayment: Borrower(s) may pre~ay the principal amount outstanding n who e or in pert at any t me w theut penalty. Any pardal prepayme~ shall be applied against the principal amcunt then outstaJndieg and shall not postooce the due date of any subsequent payments or change the amount of such payroents, unless the Bank shall otherwise agree in writing. , IBIT u s~te name here - Ed~'c p~n~t:le.tx1: I~'rln=ed 10/03/01 16 35 J J 185344109 J J Service Dates: OO/OO/O0 - O0/O0/OPr~ I REQ:417232 - DET:824033 - ITEM:9718405 - ELEM:9270396 - FLAGS:IO0 ~ SECURITY AGREEMENT - Page 1 TOTM FRANCIS 3 CoDy For; INQUIRY JACKIEW .~ 7999.3561746130' SIMPLE INTEREST INSTALLMENT NOTE AND SECURITY AGREEMENT MORTGAGE LOAN . PAGE 2 OF 3 Default: Upon the happening of any of the following events, each of which shal] constitute a default hereunder, al~ amounts then remaining unpaid under this Note shaJl, at the sole option of Bank, without notice to or demand on any ~errower(.s) become [mmadlately due a~ poyable: (a) the failure to pay any paymentwhan due; {b) the death or incompetency of any Borrower(s); {c) the fling of any~oet~cn under the Bonkruptc~ C~:Je. or any similar federal cr state statute by or against any Borrower[s); (d) any application for the appointment or a receiver or the making or a general assignment for the benefit of creditors by, or the insoNenoy pf any Borrewer(s); {e) the entry of a judgment against any Borrower(s); (f) the issuing of any attachment or ~,~n[shment, or the fling of any lien against any property of ar~ E~rrower(s); (g) the tsking of possession of any property o[ any Borrower(s) at the instance of a government authority (h) the ass~nment or sale by any Bom3wer(s cf any equity in any of the Collateral without the pdor written consent of B~nk; (~ failure to keep the Collateral insured; (j) failure or any Borrower(s) ~3 observe or perform any other duty or res~nsibility ~ont~ined in this Note or in any other document or wri~ng executed by any Borrower(s) in conjunction with this Note. Upon the occurrence of any avast of default, Borrower(s), join~ and severally, promises to pay ailcosts of collecton of this Note, i~cluding reasonable attorney's fees. Upon the occurrence of any event of default, Bank shall have the r~ght to take possession of the CollatemI, and shaJI have the right without legal process to enter any premises where the Collateral may be found for me purpose of taking possession of the Collamra[, provided such entry sh~ be done Im~fully. The Borrower(s), jointy and severally, shall be and remain [labia for any deficlan.c.y remaining after applying the proceeds of dispos~on of the Collateral, first to the reasonable expenses of rala~ing, holding, preparing for sa~e, selling the like, including attorney's fees and expanses incurred by BarA then t~ the satisfaction of the indebtedness evidenced by this Note. Upon the occurrence of any event of default,Bank may redu re Borrower(s) to assemble the Collateral ccd make it available to Bank at e place designated by Bank. Rights and Remedies: Bank or any subsequent holder hereof, shall have all rights and remedies with respect to this Note and the Collateral Which are provided [or by law or equity. No delay or omission on the par~ of Bank in exercising any right here~Jnder shall operate as a waiver of stash right or any other right under this Note, or othe~vise, grar~ed to Lender by [aw or equity. The failure of Bank at any time or trees to enforce its rights under this Note sthct~y in accordance with the same shall not in any w~7 be const.'ued as having created a custom er usage contrary to the terms of the Note, or as having in any way ,or manner modified the same, The procurement of insurance or the payment cf taxes or other liens or charges by Bank shell not be a waiver of Banks r~g~ht to accelerate the indebtedness evidenced by this Nct~. Each and every par~ ~3 this Note, either as maker, endorser surety, guarantor, or otherwise, hereby waives demand, presentment, notice of dishonor and protest, and assents to any extension or postponemant of the time of payment, or any other indulgence, and to any substt~Jtton, exchange or release of Collateral granted to any Borrower(s) by Bank. This Note shall be the oint and several obligation'of ail Borrowers, Co-Signors, and Co-Owners and shall be binding upon them, their helm, executors, admin strators, su¢ceseers, and assigns, in the ever~ any provis on of th s Note shall be deemed invalid, the rival d ty of such provision sha~l not effect any other provision of this Note. Governing Law: This Note will be governed by the laws of the Commonwealth of Pennsylvania, unless lederaJ {awe apply. Fair Credit Reporting Act Notice. Borrewer(s) has the right to dispute the accuracy of informadon Bank has reported to a Consumer Repo~ng Agency. If Borrower(s) wish to do se, write to Bank at the address listed below. Please include Elorro~ver(s) name, address, account n~mber end a bne~ description of the preb[em. . In order to improve customer service, BorroWer(s) information may be shared among the effilia~as of A~lfirst Financial Inc, However, Borrower{s) has the right ~o opt out of this information sha~ing, other than the sharing cf ~ansactlon or experience information, by no~ng Bank in writing a~ the address listed below within 30 days cf when this notice is given. Please include Borrower s) name, address, a~ccunt number, taiadhons number and social securi~/number, Each Borrower on a joint account may direct that only his or her information notbe shared among alfliates. AIIf~rat Bank Customer tnformafibn Services Mai[ Code: 501-120 P.O. Box 1596 Baltimore, Ma,,land 21203 The fotlow[ng not~ce applies only if this loan is used to purchase goods or services from a seller which has a business affiliation with the Bank: NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ACKNOWLEDGMENT: EACH OF THE UNDERStGNED ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS NOTE AND SECURITY AGREEMENT, AND THE DISCLOSURE STATEMENT. wI'rNESS BORROWER StGNATURE PAULA TQTH 11~ BUNKER HILLRD NEW CUMBERLAND, PA 17070.2533 WiTNEBS BORROWER SIGNATURE OATS FRANCIS J. TOTH ~92'~LfR~;ER HILL RD NEW CUMBERLAND, PA 17070-253.9 SUITE 2200 GULF TOWER PI3q'Si3URGH, P-ENNSYLVANIA 15219 1 800-927- www BERNSTEINLAW COM BERNSTEIN LAW FIRM, P.C. 3197 412-456-8100 FAX412-456-8135 JON A MCKECHNIE (PA) (STATES OF ADMISSION) Francis J. Toth 112 Bulmer Hill Road New Cumberland. PA 17070 December 18, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe 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 paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proqram 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 Counsetinq Aqency. The name, address and phone number of Consumer Credit Counselinq Aqencies servinq your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinq Finance Aqency toll free at 1-800-342-2397. (Persons with impaired hearinq can call (717) 780-1869). This Notice contains important leqal information. If you have any questions, representatives at the Consumer Credit Counselinq Aclency 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 NOTIFICACtON EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCClON 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 DERECHOA REDIMIR SU HIPOTECA. EXHIBIT PAGE I OF PA6ES H(3MEOWNER'S NAME(S): Francis ]. Toth PROPERTY ADDRES S: 112 Bunker Hill Road LOAN ACCT. NO. 109-9038132000 ORIGINAL LENDER AllFirstBank CURRENT LENDER,SERVICER b'I~T BANK HOME OWNER'S EMERGENCY MORTGAGE AS S IS TANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COI'~LY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR E ME RGE NCY MORTGAGE AS S IS TANCE: IF YOUR DEFAULT HAS BEEN CAUS ED BY CIRCUMSTANCES B E YOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TOPAY YOUR MORTGAGE PAYMENTS, AND iF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIAHOUSING FINANCE AG ENCY. TEb'~ORARY STAY OF FORECLOSURE--Under the Act, you are endtled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Dudng that dine you must arrange and alIend a "face-to-face" meeting with one of the consumer credit counselingagencies listed atthe end of this Nodce. 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 lis ted 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 des i~'nated cons umer credit counseling agencies for the counl]-y in wl~ich the property is located are set forth atthe end of this Notice. Iris only necessary to schedule one face-to-face meedng. 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 IMed and are unable to resolve this problem with the lender, you have the dght to apply for financial assistance from the Homeowner's Emergency l'dortga~'e Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's EmergencyAssistance Program Application with one of the designated consumer credit counseling agencies listed atthe end of this No'ice. Only consumer credit counseling agencies have applications for d~e program and alley will assistyou in submi~ng a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be flied or post,harked within thirty (30) days of your face-to-face meeting. YOU I"IUST FILE YOUR APPLICATION PROI'~TLY. IF YOU FAIL TO DO SO OR IF YOU DONOT FOLLOW THE OTHER TiME PERIODS S ET FORTH IN THIS LETTER, FORECLOSURE NAY PROCEED AGAINST YOUR HOME IMPIEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-~Available funds for emergency mortgage assistance are very limited. They will be dis burs ed by the Agency under the eligibility criteria es tablished by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that dine, no foreclosure proceedings will be pursued againstyou if you have met the dme requirements set fonJ~ above. You will be notified directly by the Pennsylvania Housing Finance Agency of its de cis ion 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 TO CURE YOUR MORTGAGE DEFAULT (Bring itup to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 112 Bunker Hill Road, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY NORTGAGE PAYMENTS for the following months and tile following amounts are now past due: February THROUGH MAY OF 2003 AT $7,269.84 LATE CHARGES OF $660.96 FOR ATOTAL AMOUNT OF $7,269.84 Other charges (explain/itemize): TITLE SEARCH $100.00 ATTORNEY FEE: 50.00 TOTAL ANOUNT PAST DUE: $7,419.84 HOW TO CURE THE DEFAULT--You may cure the defaultwithin THIRTY (30)DAYS of the date of this nodce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,419.84, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)DAY PERIOD. Payments mustbe made eitherbycash, cashier's check, certified check or money order made payable and sent to: I"I~T BANK, 1 I00 WEHRLE DRIVE, WILLIAMS V1LLE, NY 14221 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 lenderintends to exercise its fights to accelerate the mortgage debt. This means thatthe entire outstanding balance ofthis debtwill be cons idered due immediately and you may lose the chance to pay the montage in monthly installments. If full paymentof the tota I a mount pa s t due is not ma de within THIRTY (30) DAY S, the le nde r a Is o intends to ins ~uct its attomeys to s tart legal action to foreclose upon your mortgaged prope~/. IF THE 1'4ORTGAGE IS FORECLOSED UPON-The mortgaged prope~w 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 againstyou, you will still be required to pay the reasonable attorney's fees that were ac~ally incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable alzomey's fees actually incuITed by the lender even if they exceed $50.00. Any attorney's fees will be added to the amountyou owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will notbe required to pay attorney's fees. OTHER LENDER REIvlEDIES--The lender may also sue you personally for the unpaid principal balance and allothersums due underthe mortgage. RIGHT TO CURE THE DE FAULT PRIOR TO S HE RIFFS S ALE--if you have not cured the default within tile THIRTY (30) DAY period and foreclosure proceedings have begun, you sdll have the right to cure tile default and prevent the sale at any dme up to one hour before the Sheriffs S ale. You may do so by paying the totalamountthen past due, plus any late or otherchar~es 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 tile lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this nodce will res tore 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 thatsuch a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months after the date of this Notice. Anodce of the actual date of The Sheriff's Sale will be sentto you before the sale. Of course, the amount needed to cure the defaultwill increase the longer you wait. You may find out atany time exactly whatthe required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: 1,4~T BANK Address: 1100WEHRLE DRIVE, 2ND FLOOR, WILLIAI"ISVILLE, NY 14221 Phone Number: 71(>630-4924 Conta ct P e rs on: ALICIA OLIVE R EFFECTOF SHERIFF'S SALE--You should realize thata Sheriffs Sale willendyourownership ofthe mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs S ale, a lawsuitto remove you and your fumishings and other belongings could be started by tl~e lender at any time. AS SUMP TION OF MORTGAG E--You .... ma y or _X___ ma y not (CHECK ONE ) s e II or tra ns fe r your home to a buyer or transferee who will assume tile mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid pdor to or atthe sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO S ELL THE PROP ERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY F ROM 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 TOTHE SAIqE POSITIONAS 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 AS S ERT THE NONEXISTENCE OF ADEFAULT IN ANY FORECLOSURE' PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TOASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONS UME R CR EDIT COUNS E LING AG E NCIE S S E RVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pemlsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTElv~T TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUI'4E THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR ACOPY OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO, UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WI. TH THE. NAI,,IE AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROMTHE CREDITOR NAI,'IED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALiDATiON P E RIC~D iF OUR CLIENT iNSTRUCTS US TO DO S O. Very truly yours, BERNSTEIN LAW FIRM, P.C. anne A. Nilsl3ols en, Paralegal RECT DIAL: 412-456-8119 BERNSTEIN FILE NO F0038729 NICHOLAS O KRAWEC (PA. NO, OH) B~"RNSTE:! N .................................. LAW FIRM. P.C, CHARLESE BOBINLS(PA. WV) JON A. MCKECHNIE (PA) MAIL@BERNSTEIN LAW,COM Paula Toth 112 Bmnker Hill Road New Cumberland, PA 17070 December 18, 2003 ACT 91 NOTICE TAKE ACTION TO S AVE YOUR HOME F ROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information aboutthe nature of the defaultis provided in the attached pages. The HOMEOWNER'S MC)RTGAGE ASSISTANCE P ROGRAIvl (HEIqAP) 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 numberofConsumerCreditCounseling Agencies serving yourCounty 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 headng 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 iL 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 AD]UNTO ES DE SUMA IIv~ORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAIvlANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN P RESTAi'~3 POR EL PROGRAMA LLAMADO "HOI"IEOWNER'S EI"IERGENCY MORTGAGE ASSISTANCE P ROGRAI'4" EL CUAL PUEDE SALVAR SU CASADE LAPERDIDADEL DERECHOAREDIMIR S U HIP OTECA. PAGE EXHIBIT I o~ I~ pA~S HOMEOWNER'S NAME(S): Paula Toth ?ROP ERTY ADDRESS: i 12. Bunker Hill Road LOAN ACCT. NO. 109-9038132000 ORIGINAL LENDER AiIFirstBank CURRENT LE NDE R~S E RVICE R 1'~9:T BANK HOHEOWNER'S EMERGENCY MORTGAGE A~ S ISTANCE P ROGRAIVl YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COlvlPLY WITH THE PROVISIONS OF THE MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), E ME RGE NCY MORTGAGE AS S IS TANCE: HOMEOWNER'S EMERGENCY YOU HAY BE ELIGIBLE FOR IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE AREASONABLE PROSPECT OF BEING ABLE TOPAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEI"~ORARY 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 al~.end a "face-to-face" meeting with one of the consumer credit counselingagencies listed atthe end of this Nodce. 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 againstyou for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer creditcouns eling agencies for the counl]3~ in which the property is located are set forth atthe end of this Notice. Ids 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 Nodce (see following pages for specific information about tile nacre of your defaults) If you have ~ed and are unable to resolve this problem with tile lender, you have tile 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 atthe end of this Notice. Only consumer credit counseling agenc'es have applications for the program and they will ass ist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application 1,4UST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU I,,IUST FILE YOUR APPLICATION PROMPTLY. iF YOU FAiL TO DO SO OR iF YOU DONOT FOLLOW THE OTHER TII',IE PERIODS SET FORTH INTHiS LETTER, FORECLOSURE MAY PROCEED AGAiNST YOUR HOME iMMEDiATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds foremergency mortgage assistance are very limited. They will be dis burs ed by the Agency under the eligibility criteria es tablis hed by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after il receives your application. During that dine, no foreclosure proceedings will be pursued a~ainst you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decis ion 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 lvlortgage Assistance.) HOW TO CURE YOUR I'4ORTGAGE DEFAULT (Bring kup to date). NATURE OF THE DEFAULT-~The NIORTGAGE debt held by the above lender on your property located at: 112 Bunker Hill Road, New Cumberland, PA 17070 iS SERIOUS LY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for tile following months and the following amounts are now past. due: February THROUGH MAY OF 2003 AT $7,269.84 LATE CHARGES OF $660.96 FOP, ATOTAL AI"IOUNT OF $7,269.84 Othercharges (explain/itemize): TITLE SEARCH $100.00 ATTORNEY F E E: 50.00 TOTAL ANIOUNT PAST DUE: $7~419.84 HOW TOCURE THE DEFAULT--You may cure the defaultwithin THIRTY (30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,419.84, PLUS ANY I"IORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mustbe made either by cash, cashier's check, cer~fied check or money order made payable and sent [o: b,I~T BANK, 1100 WEHRLE DRIVE, WILLIAMSVILLE, NY 1~t221 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 lenderintends to exercise its dghts to accelerate the mo~gage d~bL This means thatthe entire outstanding balance of this debtwill 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, tile lender also intends to instruct its attomeys to star[legal action to foreclose upon your mortg'aged property. IF THE NIORTGAGE )S F OR E CLOSE D UP ON--The mortga ged property will be s old by the S he riff to pay off tile mortg'ag'e debt. If the lender refers your case to its alzomeys, but you cure the delinquency before tile lender begins legal proceedings againstyou, you will still be required to pay the reasonable a~tomey'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 atzomey's fees will be added to the amount you owe the lender, which may also include other reasonabie cos ~s. if you cure the default within the THIRTY (30) DAYS period, you will notbe required to pay attorney's fees. OTHER LENDER RENIEDIES--The lender may also sue you personally for tile unpaid principal balance and all othersums due under the mortg'age. RIGHT TO CURE THE DE FAULT PRIOR TO SHERIFF'S SALE-qf 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 atany time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus anylate or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Shedff's Sale as specified in writing by the lender and by performing any other requirements tinder the mortgage. Cudng your default in the manner set forth in this nodce will restore your montage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated thatthe eadiest date thatsuch a S hedff's S ale of the mortgaged property could be held would be approximately 3 months after the dare of this Nodce. Anotice of the actual date of The Shedff's Sale will be sentto you before the sale. Of course, the amount needed to cure the defaultwill increase the Iongeryou wait. You may find outatany time exactly what the required payment or acdon will be by contacting tile lender. HOW TO CONTACT THE LENDER: Name of Lender: NI~:T BANK Address: 1100WEHRLE DRIVE, 2ND FLOOR, WlLLIAI'4S VILLE, NY 14-221 Phone Number: 716-630-4-924- Conta ct P ers on: ALICIA OLIVE R EFFECTOF SHERIFF'S SALE--Youshould realize thata Sheriff's Sale willendyourownershipofthe mortgaged property and your dght to occupy it. If you continue to live in the property after the S he fiff's S ale, a la ws uit to re move you a nd your fumishings a nd other belon[;ings could be s ta rte d by die lenderaranydme. AS S UNIP TION OF I,'IORTGAGE--You .... may or _X___ may not (CHECK ONE ) s ell or Izans fer your home to a buyer or ~'ansferee who will assume the mortgage debt, provided that all the outs tanding payments, charges and attorney's fees and cos ts are paid prior to orat the sale and that the other requirements of the mortgage are sads lied. YOU MAY ALSO HAVE THE RIGHT: TO S ELL THE PROP E RTY TO OB TAIN ~)NE Y TO P AY OF F THE MORTGAGE DEBT OR TOBORROW MONEY FROM ANOTHER LENDING INS TITUTION TO P AY OF F THIS D E B T. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME P OS ITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DONOT HAVE THIS RIGHT TOCURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO AS S E RT THE NONE X1S TE NCE OF A D E FAULT IN ANY F OR E CLOS UR E ' PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TOASSERTANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TOSUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES S E RV1NG YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTElv~T TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY LIS IN WRITING THAT YOU DISPLITE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR ACOPY OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO_, UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU V~ITH THE ~ AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FRONITHE CRE~DITOR NANIED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TODOSO, Very ~uly yours, BERNSTEIN LAW FIRM, P.C. BERNSTEIN FILE NO F0038729 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND iNTERNATiONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE--POSTMASTER eF-s~,. Law F,~. ~'.c. ~mtc 2200 Gulf Tuwe: ~ttsburgh, PA 15219 One piece of ordinary mail a~dressed ~ Bernstein Law Firm, P.C. Suite 2200 Gulf Tower Pittsburgh, PA 15219 'MP~.2D,2004 I:3~P_._~.,.=..,~&_~.COLLECTIONS ,~o. 700~. 4~ allfirst PR/ME RATE INDEX- lOff'/o LTV HOME EQUITY LINE OF OREBIT VARIABLE RATE, DISCLOSURE Page I of 2 $E~ I~E~: We w~{ ~ a mo~e or cr~i: r~ d~ of ~t ~ ~ home, You ~S~ A~O~: W" ~ ~minme ~ur line, ~lm ~u ~ p~ ~ ~e en~m a~ing balance ~ We ~abiy oe){~we ~u wli{ n~ ~ ~ m~e ~e~ ~um~en~ due ~ a ~ ~ment ~ ~[~ ~z ~ ~m~lng ~e ~m pa~a ~ta ~m~ ~r or T~ OEBU~BIU~: Y~ ~ld ~n~lt a~ ~or ~er&ng ~e d~uc~ ~ l~ ~ ~m under the plan. uom~ ~ ~m~Q~on on me~t h~l i~ Cay cf ~ mu~. To d{~ Ins me ~l pe~m ~ws W)~ e~ ~ ~ur n~n Wl~t ua p~{~ e~ p~b ~en~ th~ We · MAR. ;:>E. ~4~. 1: 3, gPM '0 allfirst: M&T COLLECTIONS, · e~ ~ (4~ ~e m~k b ~m for ~s ~n $1 ~,~, We 2, ~tng ~ ~n~ ~, Y~ 3. R~ ~, p~ ~ ~RDomONAL IMPORTANT.T~I~, OF THIS A~t p E'~,~I~"I,T ARE ON PAOI~ 2,3 AND 4 CUMBERLAND PA 1707[I-2S33 o~ cC~6; Pdd By Y~: Paid T~ ~_ 1~ 'M~R.8~.8084 _ 1:3~M, M&T COLLECTIOHS, MP~.25.~004~ I:~OPM~T COLLECTIONS; 13. ~ ~ ~e u~ T~r ~ Dauphin Deposit Bank and Trust Company Home Equity Line of Credit Agreement GENERAl. DESCRIPTION OF THE ACCOUNT. This Account is a r~volvin[ loan inlormation orovi~ed to Lender ~iurmg the term al the Account. 112 Bunker H/ll Road. New ct~berland. PA 17070 Bm'rawer i~,A~C[S ~* ~ JOSEPH J, BERNSTEIN (PA, FL) ROBERT S, BERNSTEIN (PA. FL. ~V~/. NY) N$CHOL.AS D. KRAWEC (PA, NC, OH) SU~Tg 2200 GUL~ TOWER, PITTSBURGH, PENNSYLVANIA ]B219 ]-800-B27- BERNSTEIN LAW FIRM, P.C. MARLENE J. BERNSTEIN (PA, CHARLES E. BOBINIS (PA, WV) JON A, MCKECHNIE (PA~ EDWARD G. WEHRENSERG (PA) (STATES OF ADMiSSiON) MAIL@ BERNSTEIN LAW.CO M Francis J. Toth 112 Bunker Hill Road New Cumberland, PA 17070 December 18, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort.qa~e 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 pa.qes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proc~ram 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 Aqency. 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 %800~342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important leclal information. If you have any questions, representatives at the Consumer Credit Counseling Agency mav 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 {awver. LA NOTIFICAClON EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO 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, PAGE EXHIBIT I OF HOMEOWNERS NAME(S): Francis ]. Toth PRC;PERTY ADDRESS: 112 Bunker Hill Road LOAN ACCT. NO. 20002501158530 ORIGINAL LENDER AllFirstBank CURRENT LENDER,SERVICER Me~T BANK HOMEOWNERS EI*ERGENCY MORTGAGE ASSISTANCE PROGRAM YOU NAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLO~ URE AND HELP YOU MAKE FUTURE MORTGAGE P AYI"~.NTS IF YOU COl'PLY WITH THE PROVISIONS OF THE HOMEOWNERS EI,~RGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EIvERGE NCY MORTGAGE AS S IS TANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE AREAS ONABLE P RC~PECT OF BEING AB LE TO PAY YOUR MORTGAGE PAYI',]:.NTS, AND IF YOU Iv~ET OTHER ELIGIBILITY REQUIREIvENTS ESTABLISHED BY THE PENNSYLVANIA HOUS ING FINANCE AGE NCY. TEI~PORARY STAY OF FORECLC~URE--Under the Act, you are endtled to a temporary s~y of forecl~ure on your mortgage for thirty (30) da~s from the date of this Nodce. Dudng that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counselingagencies listed at the end of this Notice. THIS IvEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EIvERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE L~ TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAJNS HOW TO BRING YOUR MORTGAGE L~ TO DATE. CONSUI~_R 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) da~s after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is Ioca~d are set forth at the end of this Notice. It is only necessary to schedu(e one face-to-face meeting. Advise your lender immedia~ly of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following ~ages for specific information about the na~Jre 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~ Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner~ Emergency Assis~nce Program Application with one of the designated consumer credit counseling agencies lismd at the end of this N~dce. Only consumer credit counseling agencies have applications for the program and they will asset you in submi~ng a complet~ application to the Pennsylvania Housing Finance A~ency. Your application MUST be filed or pos~narked within thirty (30) days of your face-to-face meedng. YOU MUST FILE YOUR APPLICATION PROIvpTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TINE PERIODS SET FORTH IN THIS LETTER, FORECLC)5 URE MAY PROCEED AGAINST YOUR HONE IMNEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WiLL BE DENIED. AGENCY ACTION--Available funds for emergency morlgage assi~lance are very limited. They will be disbu~ed by the Agency under the eligibility criteria es~blished by the A~t. 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 pu~ued against you if you have met the dine requiremenll set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of ill decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRL~TCY, THE FOLLOWING PART OF THIS NOTICE IS .FOR INFORMATION PURPC6ES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTElvlPT TO COLLECT THE DEBT. (If you have filed bankrup~y you can still apply for Emergency Mortgage A~si~lance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The FIORTGAGE debt held by the above lender on your property Iocamd at: t 12 Bunker Hill Road, New Cumberbnd, PA 17070 SERIOUSLY IN DEFAULT because: YOU HAVE NOT N[ADE MONTHLY MORTGAGE PAYNENTS for the following mond~s and the following amounts are now past due: February THROUGH MAY OF 2003 AT $2,681.76 LATE CHARGES OF $330.56 FOR ATOTAL ANIOUNT OF $3,012.32 Other charges (explain/itemize): TITLE SEARCH $100.00 ATTORNF. Y FEE: 50.00 TOTAL AMOUNTPASTDUE: $3,162.32 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the da~ of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,162.32, PLUS ANY MORTGAGE PAYNENTS AND LATE CHARGES WHICH BECONE DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier~ check, certified check or money order made payable and sent to: MS.eF BANK, 1 lO0 WEHRLE DRIVE, WILLIAMS VlLLE, NY 1 4221 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the da~ of this Notice, the lender intends to exercise ill dghll to accelerat~ the mortgage debt. This means that the entire oulstanding balance of this debt will be considered due immediamly and you may Ic~e the chance to pay the mortgage in monthly inslallments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also inmnds to instruct its attorneys to start legal acdon to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLGGED L~ON--The mortgaged property will be sold by the Shedff to pay off the morl~age deb~. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedinBs against you, you will still be required to pay the reasonable at~mey's fees that were actually incurred, up to $$0.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey~ fees actually incurred by the lender even if they exceed $]50.00. Any alzomey~ fees will be added to the amount you owe the lender, which may also include other reasonable co~ts. If you cure the default within the THIRTY (30) DAYS period, you will notbe required to pay attomey~ fees. OTHER LENDER REIv~DIES--The lender may also sue you personally for the unpaid prini:ipal balance and all othersums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE-~If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the fight to cure the default and prevent the sale at any dine up to one hour before the Sheriff's Sale. You may do so by paying the tot~I amount then past due, plus any late or other charges then due, reasonable attomey~ fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff~ Sale as specified in writing by the lender and by performinff any other requiremenls under the mortgage. Curing your default in the manner set forth in this notice will restore your montage to the same position as if you had never defaulted. EARLIEST P(]6SIBLE SI-~RIFF$ SALE DATE-It is esdmamd that the earliest dam that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months after the da~e of this Nodce. 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 exacdy what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M~Ir BANK Address: 1100 WEHRLE DRIVE, 2ND FLOOR, WILLIAMS VILLE, NY 14.221 Phone Number: 716-630-4.924 Con~act Person: ALICIA OLIVER EFFECT OF SHERIFFS SALE--You should realize thata Sheriff~ 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 Shedff~ Sale, a la~suit to remove you and your f~mishings and other belongings could be s~arted by the lender at any time. ASSUI~TION OF MORTGAGE--You__mayor X 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 attomey~ fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PRGPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROR ANOTHER LENDING INS TITUTION TO P AY OFF YHIS DEBY. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TOTHE SAI~'~ PC2SITION AS IF NO DEFAULY HAD OCCURRED, IF YOU CURE YHE DEFAULT. (HOWEVER, YOU DO NOY HAVE THIS RIGHT YO CURE YOUR DEFAULT MORE THAN THREE TII¥~S IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLC~ URE PROCEEDING OR ANY OTHER LAWS UIT INSTITUTED UNDER THE MORYGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE YOSUCH ACYION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL B ANKRL~TCY LAW. CONS UI~'~R CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro~ PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX $$(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX $$(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPCSE. THIS LAW FIRM WILL PRESUI"E THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEPT OF THIS LETTER. IF YOU NOTIFY LIS IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR A COPY OF ANY ]UDGIv~:-NT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO, L~ON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECENT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAIqE AND ADDRESS OF THE ORIGINAL CREDITOR., IF DIFFER.ENT FRON THE CR. EDITOR. NAIvlED ABOVE. WE R.ESER.VE R.IGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION P£R.IOD iF OUR. CLIENT INSTRUCTS US TO DO S O. JOSEP~t J. BER~STEIN (PA. FL) ROBERT S. BERNSTEIN (PA. FL. V~/. NY) NICHOLAS E). KRAWEC (PA. NC. OH) SUITe 2200 GUlF TOWER, PIA-FSBURGH. PENNSYLVANIA 15219 1~0&927- BERNSTEIN LAW FIRM, 3197 412-456-8100 FAX412-456-813S MARLENE J 8ERNSTEIN (PA. FL) CHARLES E B©BINiS (PA. WV) JON A. MCKECHNIE (PA) EDWARD O. WEHRENBERG (PA) (STATES OF ADMISSION) MALL@ BERN STEINLAW.CO M Paula Toth 112 Bunker Hill Road New Cumberland, PA 17070 December 18, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqa~e 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 paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselinq Aqencv. The name, address and phone number of Consumer Credit Counselina Aqencies servinq your Countv are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinq Finance Aqencv toll free at 1-800-342-2397. (Persons with impaired hearinq can call (717~ 780-1869). This Notice contains important leqal information. If you have any questions, representatives at the Consumer Credit Counselinq Aqencv may be able to help explain it. You mav also want to contact an attornev in your area. The local bar association mav be able to help vou find a lawyer, LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO 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 MENClONADO 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. EXHiBiT HOMEOWNER'S NAME(S): PaulaToth FROPERTY ADDRESS: 112 Bunker Hill Road LOAN ACCT. NO. 20002501158530 ORIGINAL LENDER AIIFirst Bank CURRENT LENDER/SERVICER M&T BANK H O MEOWNER'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 PEN NSYLVAN I A H O USING FI N A NCE 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 "Ace-to-face" meeting with one of the consumer credit counselingagencies 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 TQ 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 desiqnated consumer credit counselin~ aqencies for the country 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 cour~eling 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 PROCED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria esfablished 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 Finanos 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 TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 112 Bunker Hill Road, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: February THROUGH MAY OF 2003 AT $2,681.76 LATE CHARGES OF $330.56 FORA TOTAL AMOUNT OF $3,012.32 Other charges (explain/itemize): TITLE SEARCH $100.00 ATTORNEY FEE: 50.00 TOTAL AMOUNT PAST DUE: $3,162.32 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TQTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,162.32, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, c, ashier's check, certified check or money order made payable and sent to: M&T BANK, 1100 WEHRLE DRIVE, WILLIAMSVILLE, NY 14221 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 riqhts to accelerate the mortclaqe 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 installmenls. 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 mortqaqed property. 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 v~re 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) DAYS period, you will not be required to pa,/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 riqht 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 paying1 the total amount then past due, plus any late or other charqes then due, reasonable attorney's fees and cosls connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as s~cified in writin¢l by the lender and b¥ pefformin~ any other requirements under the mort~aqe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months after 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: M&T BANK Address: 1100 WEHRLE DRIVE, 2ND FLOOR, WILLIAMSVILLE, NY 14221 Phone Number: 716-630~4924 Contact Person: ALICIA OLIVER EFFECT OF SHERIFF'S SALE-You should reali;~ that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You __ may or X 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. 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 THRF:F 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 DEENSE 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 Consumer Credit Counseling Service of Western Pennsylvania, ][nc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR A COPY OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO, UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU 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 TQ 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 THRE 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 ASS,ERT 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 Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 2324985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL QR ANY PART OF IT WITHIN 30 OAYS QF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT O~R A COPY OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO, UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CREDITOR NAiv~D ABOV[. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TO DOSO. Very truly youls, BERNSTEIN LAW FIR,..~, P.C. "DIRECT DIAL: 412-456-8119 BERhlSTEIN FILE NO F0038729 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that he\she is the Banking Officer for the Plaintiff herein, that heX, she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are tree and correct to the best of his\her knowledge, information and belief. PERI SARAC-FLIHAN BANKING OFFICER SHERIFF'S RETURN - OUT OF COUI~TY CASE NO: 2004-01651 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS TOTH PAULA ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT TOTH PAULA but was unable to locate Her depuEized the sheriff of YORK , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On June 15th , 2004 attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 52.25 .00 89.25 o /i5/2oo BERNSTEIN LAW FIRM Sworn and subscribed to before me this /~ day of~ A.D. Prothonotary this office was in receipt of the So answ~ j~~f~ R.t Thomas ~lline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01651 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS TOTH PAULA ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT TOTH FPJLNCIS J but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, - MORT FORE He therefore Pennsylvania, to On June 15th , 2004 attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/15/2004 BERNSTEIN LAW FIRM Sworn and subscribed to before me this /[ ~ day of A.D. , this office was in receipt of the So answer~/ ~_~.~-~' ~:~r~ ._~ Sheriff of Cumberland County 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN (717)'771-96111 PLAINTIFF/S/ DEFENDANT/S/ SERVEAT 2 COURT NUMBER M&T Bank 04-1651 civil 4 'P(PE OF WRIT OR COMPLAINT Paula Toth et al Notice and Complaint in Mortgage Foreclosure NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD Francis J. Toth ADDRESS (STREET OR RFO WITH BOX NUMBER, APT .O.. CITY, SURD. T1,1~. STATE AND ZIP CODE) 112 Bunker Hill Ro~d New CL~berland, PA 17070 Fairview Twp. 7 ,.D, 'TESE.V, PERSORAL .ERSO..NC.*R E UDEPUT,ZE O'STCLASS" ! NOW April ~6 ,20~4 I, SHERIFF OF ~ COUNt, PA, do heCeby deputize the sheriff of York COUN~ to ex.ute this W~ ~ return ther~ording to law. This deputization being made at the request and risk of the plaintiff. ~.~ . s~c~k~svauc;~oasoao~a~a~a¢oa~nosv~;~;tasa~s;~aax~amv~s~awca Onk Please send return of service to Cl~berland County Sheriff. ADVANCE FEE PD BY ATTY NOTE: ONLY A~F~MCABLE ON WRIT Of EXECUTION: N.B. WAIVER OF WATCHMAN - A~ty deputy sheriff levying upon ~- attaching any property under within writ may leave same mlhout a walchman~ in custody of whomever is found in possession, after notii'ying person of levy or attachment, mthout lia~lity,on the part of such deputy or the sl~eriff to any p~aintiff MARLENE J BERNSTETN, RTE ?900 ~rK,P rlY~.,~.R PrT~'RRURGH PA 1.5218I 412-456-8100 04-16-2004 SO ANSWI~RS 47 DATE 49 DATE DATE RECEIVED 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE INSTRUClION~ PROCESS RECEIPT and AFFIDAVIT OF RETURN 4 ~E O~ ~;T OR COgeNT . 3 OEFEN~HTI~ Notice anouomplalnt Paula Toth et al in Mortgage Foreclosure Paula Toth AT 112 ~ker Hill R~d New ~rland, PA 17070 Fa~i~ ~. 7 ,NDI~TE $ERViCE~ ~ PERSO~L O PERSON IN CHARGE ~OEPUTiZE U~ER~i~~ Q ,ST C~SS ~,C U POSTED ~ OTHER NOW April 26 ,20 U4 I, SHERIFF OF ~OUN~, PA, do hereby deputize the sheriff of York COUN~ to ex.ute th~~e return therD~ording to law. This-~epu[ization' * 'oeing made at the request and risk of the plaintiff, 8. S~CIAL INSTRUCTI~S OR OTHER INFOR~TION THAT ~LL ASSIST IN EXPEDITING SER~CE: O~l' Please send return of service to Cunberland County Sheriff. ADVz'~CE FEE, PD BY ATTY NOTE: ONly APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCH~M4 - Any deputy sheriff levying upon o~ attaching any property under within writ may leave same wil~out a watchman, in custody of whomever i~ found in possession, after notitying person of levy or attachment, wthout liability.on the pad of such deputy o~ the sheriff to any plaintiff 9. TYPE --E ahe ADDRESS of A1TORNEY / ORIGINATOR ,nd SIGNATURE I 10. TELEPHONE NUMBER I 11 DATE FILED INI~T~i"]I? J. ~4~[~Nq~FIN SUI~"F 2200 Gilm.w ~ATWq PITT~URGH PA 15219 412-456-8100 04-16-2004 BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS UNE 13. ,~--~,~ewrd J 14 ~TE RECE,VED ~mt~e~ T~I]A ~. ARRRNq / RAT N~-97-~NN~ 05--16-2004 16~ER~D: PERSOn( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEERE~RKSBELO% 22 MELISSA J SHAFFER,'~r{~T~I~fuI~)(~[A~¥:/NOTARY/~/ 45 Si~l&turedYo~k City o~ York. York County -"--~'1-'~' r?C-~n~Y ~ ~ 45DATE 47 DATE 49 DATE J51 DATE RECEIVED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T Bank successor in interest to ALLFIRST BANK Plaimiff(s) No. 04-1651 VS. PRAECIPE TO REINSTATE COMPLAINT PAULA TOTH and FRANCIS J TOTH Defendant(s) FILED ON BEHALF OF Plaimiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON A. MCKECHNIE PA ID#36228 MARLENE J. BERNSTE1N, ESQUIRE PA ID#43574 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTE[N FILE NO. F0039502 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T Bank successor in interest to ALLFIRST BANK Plaintiff VS. PAULA TOTH and FRANCIS J TOTH Civil Action No. 04-1651 Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. BERNSTE1N LAW FIRM, P.C. tAffgx:n~y for Plaintiff''---'~ Suite 2200 Gulf Tower Pittsburgh, ]DA 15219 (412) 456-8100 BERNSTEIN FILE NO. F0039502 SHERIFF'S RETURN CASE NO: 2004-01651 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJtND M&T BANK VS TOTH PAULA ET AL - OUT OF COUNTY Thomas Kline Sheriff or Deputy Sheriff who being a diligent search and to wit: duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT TOTH PAULA but was unable to locate Her in his deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE bailiwick. He therefore County, Pennsylvania, to On July 12th , 2004 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 37.25 .00 74.25 07/12/2004 BERNSTEIN LAW FIRM Sworn and subscribed to before me this /~ day of ~ ~L~W A.D. rothonotary ' , this office was in receipt of the So answer s_j~_ ~.~ ~ R. ~fhomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2004-01651 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS TOTH PAULA ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: TOTH FRANCIS J but was unable to locate Him deputized the sheriff of DAUPHIN Sheriff or Deputy Sheriff who being search and in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On July 12th , 2004 attached return from DAUPHIN , this office was in receipt of the Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 07/12/2004 BERNSTEIN LAW FIRM Sworn and subscribed to before me this /~ day of ~ A.D. Prothonotary ! So answers: ~ ~ Sheriff of Cumberland County ~n The Court of Common Pleas of Cumberland County, Pennsylvania M & T Bank Paula To~S~t al SERVE: Paula Toth No. 04-1651 civil HOW, July 1, 2004 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. SheriffofCumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Daub:lain County to execute this Writ, this Affidavit of Service Now, ,20 . ~, at o'clock __ M. served the within UpOll at by handing to a and made known to copy of the original the contents thereof. SO answers~ Sheriff of County, PA Sworn and subscribed before me this . day of ,20 COSTS SERVICE MILEAOE AFFIDAVIT ~'~ The Court of Common Pleas of Cumberland Count, Pennsylvania M & T ~nk Paula Tot~S~t al SERVE: Francis J. Toth No. 04-1651 civil Now, July 1, 2004 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this NOW, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So arlswers ~ M. served the the contents thereof. Sworn and subscribed before me this ~ day of Sheriff of County, PA COSTS SERVICE MILEA GE AFFDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 pr: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:July 7, 2004 COMPLAINT IN MORTGAGE FORECLOSURE TOTH PAULA to PAULA TOTH of the original COMPLAINT IN MORTGAGE FORECLOSURE to him/her the contents thereof at 6698 TERRACE WAY #B HBG, PA 17111-0000 : M&T BANK : TOTH FP~ANCIS J Sheriff's Return No. 5182-T - -2004 OTHER COUNTY NO. 04-1651-CIVIL at 2:48PM served the within upon by personally handing 1 true attested copy(les) and making known Sworn and subscribed to before me this 7TH day of JULY, NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 2004 So i~nswers, Sheriff of Dauphin County, Pa. D~puty Sheriff Sheriff's Costs: $37.25 PD 07/02/2004 RCPT NO 196279 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Conunonwealth of Pennsylvania County of Dauphin AND NOW:July 7, 2004 COMPLAINT IN MORTGAGE FORECLOSURE TOTH FRANCIS J to PAULA TOTH, WIFE OF DEFT of the original COMPLAINT IN MORTGAGE FORECLOSURE to him/her the contents thereof at 2015 TOWNEHOUSE SUITE 660 HBG, PA 17102-0000 FRANCIS TOTH IS IN DAUPHIN MANORNURSIWG HOME, TO ACCEPT SERVICE : M&T BANK : TOTH FRANCIS J Sheriff's Return No. 5182-T - -2004 OTHER COUNTY NO. 04-1651-CIVIL at 9:55AM served the within upon by personally handing 1 true attested copy(les) and making known WIFE HAS POWER OF ATTOR/~EY Sworn and subscribed to before me this 7TH day of JULY, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So A. nswers, Sheriff df Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:S37.25 PD 07/02/2004 RCPT NO 196279 TF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to ALLFIRST BANK Plaimiff(s) No. 04-1651-CT VS. PAULA TOTH AND FRANCIS TOTH PRAECIPE DISCONTINUE AND END WITHOUT PREJUDICE Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PA ID#36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. F0039502 DIRECT DIAL: (412) 456-8100 1N THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA M&T BANK, successor in interest to ALLFIRST BANK Plaintiff VS. CIVIL DIVISION Civil Action No. 04-1651-CT Discominue and end without prejudice the above-captioned matter upon the records of the Court and mark the costs paid. BERNSTEIN LAW FIRM, P.C. Attomeys for Plaintiff Suite 2200 Gulf' Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN }tILE NO: F0039502 Sworn to and subscribed before me this ~ ~¢~ day of ~),~m~.m_, 2004 Notary Public COMMONWEALTH OF PENNSYLVANIA, Pennsylvania Association Of Notaries TO THE PROTHONOTARY OF CUMBERLAND COUNTY: PAULA TOTH AND FRANCIS J. TOTH Defendants PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE