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HomeMy WebLinkAbout10-3877'y SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Attorney I.D. No.: 51507 1171 Lancaster Avenue Suite 100 Berwyn, PA 19312 Telephone (484) 318-7582 Facsimile (484) 318-7248 TD Bank, N.A., Successor-In-Interest By Merger to Peoples Heritage Bank, N.A. One Portland Square Portland, ME 04112 Plaintiff, V. JAMES and LORETTA HAIR, h/w 147 Southside Drive Newville, PA 17241 Defendants. COMPLAINT NOTICE TO DEFEND "You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance 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 the Court without further notice may enter a Judgment against you for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you." "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP." LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3302 (717) 249-3166 j9a.00 PA AYr`f Cir 1= e,2 -4359/ Attorney for Plaintiff TD Bank, N.A., as successqUt.,?_;` by merger to Peoples Heritage COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.. to - 387? CIVIL ACTION - LAW AVISO "Le han demandado en la corte. Si usted quiere defenderse de estas demandas expuentas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara mediadas y peude continuar la demands y require que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted." "LLEVE ESTA DEMAND A UN ABOGADO BEKEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3302 (717) 249-3166 SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Attorney I.D. No.: 51507 1171 Lancaster Avenue Suite 100 Berwyn, PA 19312 Telephone (484) 318-7582 Facsimile (484) 318-7248 TD Bank, N.A. , Successor-In-Interest By Merger to Peoples Heritage Bank, N.A. One Portland Square Portland, ME 04112 Plaintiff, V. JAMES and LORETTA HAIR, h/w 147 Southside Drive Newville, PA 17241 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO.. CIVIL ACTION - LAW COMPLAINT Defendants. COMPLAINT Plaintiff, TD Bank, N.A., Successor-In-Interest by Merger to Peoples Heritage Bank, N.A. ("TD Bank") by and through its attorneys, Sheintoch Todd P.C., brings this action by way of Complaint against Defendants, James and Loretta Hair (the "Hairs") and in support thereof avers as follows: 1. Plaintiff TD Bank is a National Banking Corporation registered to do business in Pennsylvania with a principal place of business located at its headquarters of One Portland Square, Portland, Maine 04112. 2. For purposes of this action, TD Bank is the Successor-In-Interest by Merger to Peoples Heritage Bank, N.A, Lewiston, Maine 04240. Further, Peoples Heritage Bank, N.A. ("Peoples") is in turn is the Successor by Assignment from Coastal Financial Inc. ("Coastal"), 100 N. Black Horse Pike, Williamstown, New Jersey 08094. 3. Defendants the Hairs are believed and therefore averred to be adult individuals whose last known address to TD Bank is 147 Southside Drive, Newville, PA 17241. 4. On or about December 10, 1998, the Hairs entered into a certain Note and Security Agreement (the "Agreement"), regarding the financing of a certain Mobile Home with Coastal, and borrowed the sum of $51,000.00 A true and correct copy of the Agreement is attached hereto, incorporated herein, and marked as Plaintiff's Exhibit "A." 5. The Agreement requires the Hairs to, inter alia, make monthly payments of $502.34 payable over twenty (20) years, beginning on December 10, 1998 and continuing until December 10, 2018. 6. This Loan was secured in part by a mobile home (i.e. 1977 Homette Serial No. 61200), located at 147 Southside Drive, Newville, PA 17241, which was financed by TD Bank. TD Bank perfected its security interest in said mobile home by being registered as the first lien holder on the Certificate of Title. A true and correct copy of the Certificate of Title is attached hereto, incorporated herein, and marked as Plaintiff's Exhibit "B." COUNT I - BREACH OF CONTRACT 7. The averments contained in paragraphs 1 through 6 of this Complaint are incorporated herein by reference as though set forth in full herein. 8. The Hairs breached the Agreement, and became in default thereof, inter alia, by their failure to make the monthly payment due under the Agreement in October 2009 and all monthly payments due subsequently thereafter. 9. As a result of said continuing default, on or about November 3, 2009, TD Bank notified the Hairs via certified mail of the exercise of its option to accelerate all remaining payments and to declare the entire balance of the Agreement immediately due and payable, together with any and all sums lawfully due thereunder. A true and correct copy of said notice of default and acceleration is attached hereto, incorporated herein, and marked as Plaintiff's Exhibit «C " 10. In accordance with the terms of the Agreement, the Hairs are obligated and liable to TD Bank as of June 8, 2010, as follows: Principal Balance of payments $40,994.14 Interest, up to and including $1,584.84 6/8/10 Attorney's Fees $ 727.50 TOTAL $43,306.48 (with per diem of $11.57) 11. The Hairs have failed to cure the default and pay the aforesaid balance due and owing. 12. In accordance with the terms of the Agreement, TD Bank is entitled to reasonable attorney's fees, legal expenses and costs as collection expenses. 13. Despite repeated demands for payment, the Hairs have failed and refused to pay the full balance due and owing to TD Bank under the Agreement. WHEREFORE, Plaintiff, TD Bank, N.A. Successor by Merger to Peoples Heritage Bank, N.A., demands Judgment against Defendants, James A. and Loretta L. Hair, in the amount of $43,306.48 plus additional attorneys' fees, legal expenses and costs of this suit as they accrue, together with interest and such other and further relief as this Honorable Court may deem just and proper. COUNT II - REPLEVIN 14. The averments contained in paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full herein. 15. Pursuant to the terms and conditions of the parties' Agreement and the Uniform Commercial Code as enacted in Pennsylvania and, by virtue of the continuing default of the Hairs, TD Bank is entitled to immediate possession of the Collateral as set forth in the Security Agreement and as provided by 13 Pa. C.S.A. §2A-525 and 2A-518-525, and/or 13 Pa. C.S.A. §9- 610 et seq. 16. The Hairs remain in possession of the Collateral (the subject mobile home) and TD Bank believes, and therefore avers, that the Collateral is located at 147 Southside Drive, Newville, PA 17241 17. The estimated value of the Collateral is less than $40,000, which is less than the accelerated balance of all remaining payments due under the Agreement. 18. Although frequent demands have been made, the Hairs have failed, refused, and neglected to deliver possession of the Collateral to TD Bank. WHEREFORE, Plaintiff, TD Bank, N.A. demands that Judgment be entered against Defendants, James A. and Loretta L. Hair for immediate possession of the Collateral as described herein, or its equivalent value, plus cost of suit, interest and such other and further relief as this Honorable Court shall deem just and proper. Dated: Cce ?d SHEINT? P By: Everett K. Sheintoch, Esquire Attorney for Plaintiff VERIFICATION I, Heather McCubrey, Assistant Vice President, for Plaintiff TD Bank, N.A., verify that I am authorized to do and make this Verification on its behalf and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904 related to unsworn falsifications to authorities. Dated: J'Une, q, aolO TD BANK, N.A. r JAMES A. HAIRi? - - i C0e',STAL FINANCIAL INC. DBA MARES A L. HAIR - ' .? Q LI FIRST MANUFACTURED LOAN Loan NpmEM 1110 NORTH BLACK HORSE PIKE 1147 5OUT8SIDE DRIVE D.I. 12/1011998 ___.-_ WILLIAMSTOWN, NJ 08094 NEWVILLE.FA. 17241 me,n yDate 1lL10 2018 LENDER'S NAME AND ADDRESS Loin Amount ;J1 - 000 5_._p0 u "You moans the Lander. .IS 6uccessors and assigns BORROWER'S NAME AND ADDRESS Renewal OI 'I-incllxles aa<'.h B.mower above. lotmi, and severally 1'FPMS fOLLOWINGA ®APPLV ONLY IF CHECKED NOTE - For value receweA. I prons,e IP pay,. you or your order. al your 8tldres¢ above. she pnnulpal sum o1 __F.IE1'rDNE_SIlQU8ATi9 UOI,1_AR,_6?Q_(_>;00 __ ___._DOIlar4s51i000.00 ____-._ P..s 'end l von _ nPCF.MAFR 10 199$ ar ma. ore t, _ 10.3Q-- w, Pit, TTy.ar pmn DECEMBER 10. 2018- t :J ADDITIONAL FINANCE CHARGE I also agree W pay a na,r ,,u ddue the o15 . and II .III be LJ piM In cd6h ? pa.tl pro rata over Ine Ina. tern. C,.annpid Iran Ink.pId-h, It his lea .s wlmneld I'M Ill, Proceeds, mu amount.s,ncl.pded,n the p-,bW s m ) VARIARLE RATE - *he rare above may change 1.11S a1 ys lobe _ __ ine Interest rate mzy nut change more Incr. ____ _ 5. eacn `__ _-___,.______ _- _ T1,.. ar rs.. a..nlP e5. s In ellecl on IMS note kik npl a, any ,Is be mot!! Inzn __ ?__ %or as, Inan __ I The m,ares'1 tale .n ellecl on IM1:s -, may Oiling. hit, ."an as) lassumrng tne,e is A -T. In the base tale) and an Increase .n the inlaresl rate will cause a ,Increase m F n he amount 11 eacn Scnd.led payment f j the amdunl due al mdtunly ? the number of payments PAYMENT - 1 ,11 pay this note as lotlows sal _ Inle,esl due in [,? "ns nm, nos __240- pav-hI, The firs, vaymam will b. In he amwnl of S _S02, 34 _ _ and it I» a.e JANUARY 1011999_. _ -__,J Apavmenl of s.5a22..31i_-____.+u be ate on the _16TH day., eacn MONTH ______ mcrelne, The, I-I payment of Ine ,nbr« untold balance of prmopal and Interest ma be ale DECKKEER 10.2018 INTEREST - Insist, accr.ps nn a __DA_U_Y __.. oasts ? RETURNED CHEC)t CHARGE - t agree to Pay a be of s _ dk, "Is p wil rj MINIMUM FINANCE CHARGE t.+gree to pay a mmlmun, Iln.- calga of :or.a.hh dhaeA MCA .a ll rtes Even OSd...1 d, dreh,,ewe in connec.on win lhISI n ` __.I I pay nos loan oil before you have earned that much n finance POST-MATURITY INTEREST - ".,as, will shod- she, mdiurily on 111. undald -1111 charges of This note on the same Eea19 as interest accrues bafdre malunty, unless a spec.l.c IF,- (-I vnly hw asl rare n, agr..d to s, Ine next aenledce LATE CHARGE - i agree to pay s Izie charge on env msrallmem a ?aymens made more ? In ins. will accrue al the sale OI %ne, va.. on Ine balance ,Lan _ 15 days all., 11 d due equal Iu ._ a bl the undid o m.s .... not p- el maturity, including malunty by acceleration 5. ZrSS? HOMF. PURCHASE amowli or 5 wmcrlever Is THE PU,,R[CP??OSE OF THIS LOAN IS , SECURITY yo!Ili arecensl,r.gnls root may alh:c mY prnpedv as a v.leineu On page I Tms loin'a .5?is 11.1 runner secured a`) S-li, Agreement ? I gwe you a sec.nly 1ne,esi m,he P,ppeny oesc-+peJ hebw Tf a nghls am gw.ng you In Ihls Popery antl the obllgai.ons in,s agreement sin lids ore ael,natl on pege _' .1 Ines agre.menl 1977 ROMETTE SERIAL N 61200 This P,ope ny will DB used for _L-TUTNL _ P-nses ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OTPgYMENTS (nave the NM to receive al mis Tpe con oHnr c,n. u, a nyeany Tale anon a,noum dent w,n cask me T.,mwn.o crew) provwed.o melorw my renal ine arrow,. von nave pals wnan rev.mmpl:: .pwl= Om a enllem12atron of It'. AmouN Financed 10.306 % s 69,583." 0 s 50,478.00 ,s120,561.60 I %R Yeslwam an nemrzahon My P,ymene scneame win be 1,„n k .-I.. I T A,n..ni nl y „r, worn w i, d i, om-? No -1 do rem wain _ _ ___ an n.mi.a.nn E _D0._ PII.ng Fens s __Oa_ Nonnenq Ins,rrarice Th., noe nos a clernano lealure ? This -es payable .n demand and ail 01110sur.s all based on an assumed mal.rny of one year r_I Y-Ahle Rale ? My Ioar. co phla a vo-d rat, h1tel'e elscl-'ss about :ne variable vale lealure nave beer, provided to me earl.., IChauU+ ones U me annual pertenlage rate maY .nCrnase during M1e !arm of In.s Iransacnon a _ _ i Any evaeasn.01' enelosm of - 11111. ,,Is increase, by In the _ will inerezse to The rape may not .crease mare ol,en Then once_ no may nc!.ntrease more man _ % each The tale w111 not go above __% Sevvc--!T.,Ity am y+v+rq n sec mlelesl in ? Ihnel aescr.pl.on pI olnnr propndyl T? Ine goods oI Vroperryube.ng Ourrnasen Tree annual pl-nisge vale does not take m,o A,-nl my cnA-.. saconnq Mires loans w.+n yOV may also secure ,n.s Inn. ?, Required Deposit nw .ep""I aruounls and omer rights to the payment P. money Imm yol. r.qu.eu depose Late Charge - I w.l oe charged a IMO rlag. or, any payment made more Inan days alter i1 .s due Bout' to - 5 % of Ine !inpz.o amount. r_ .mc....... ,_ LESS Prepayment - II u.y w, IMS hole levy I f? may L"I yell nut nave po pay a Inlnmuni finance charge `.A? I-- iI .11 ruts n.nl. early. I w.il no. be .-nl..ea ,o a ,.tuna oI - or In. ,nU...n., manse ,.I .T. N] Assumption ,Someone ",ng Ine P,.peny secu,mg ins obl",tion cannot assume the ema.rMel or the obTab n the original Wilms I n -.1-1 d...z nr kill . m . , . n -w nowaymanl o any,snun,d reP,,,.., palee an, Schad-o ale. and lindaym,nl,e,und, ono pennitiea CREDIT INSURANCE C,eMI Ilia -ill ce ono de pl J-buily morons. are not ITEMIZATION OE AMOUNT FINANCED Is,, nlI c stha See NofiCe ,ir Proposed Ins.rani a onl«Segel sign all agree In pay In. AMOUNT GIVEN TO ME DIRECTLY S AMOUNT PAID ON SAY (LOAN) ACCOUNT E Typo _` --Prr•my.In_ -= _ _ f=- = _--__.. _ s _ C'e+I.I I Ile AMOUNTS PAID TO OTHERS ON MY REHAI F nt o.d,1 Ldp I I? do ILAI dd nn 1 wane credll Irle ni Sullins. I L1 do IlJ d0 n ,l want CreA'.I d.saUllily InsU,anca 1111 do Lid !ono, we .mlcredllllle.nsurance I L_I on ? dp not wa ___-? _ Ivulance DOH_ %_ DOD' _-3 PPOP-rY INSURANCE may oblam properly insurance Iron ad,.dd I wan Thal 15 acceptable to YOU 11 1 qe1 the msumnc'e Irnm or Ih,dugh you 1 .111 pay E In, _ _ -_. cove ago - SINGLE INTEREST INSURANCE - I may .!slam single +nseresl m-nd. In- anyone .van, ma. .s z..c rlaalr..o yo. 111 nil r^-!.swans. Iron or mrougn you 1 w11 pay .1 coverage tom .nag ?59 __ - ? _ _ Lode. VAR1ABt Fr';;IMPI F IN TFRFci NOTE. OISCIOSURE. ANO SECURITY AGREEMENT 2. in. iuex nw ..er y ..w U., 51 ..,t NN form RE, /.911q N,INtl to Insurance c-penles to PuEim Oaclals E .._- KEYSTONE ABSTRACT 51 , OOO_00 (Iesc1'Rep-FINANCE C-PiGetS) E__1°.2_00) Amo.nt Flninced E 50+9 78.00 (Add all .ems I-nc.d and aud,racl p,epa.d limns. cnargea ) SIGNATURES- I AGREE TO THE TERMS SET OUT ON PAGE I AND PAGE 2 OF THIS AGREEM MT.1 "AVE RECEIVED A COPY OF THIS DOCUMENT ON TODAY'S CA IF. COSIGNERS - SEE NOTICE ON PA BEFORE SI'I {N.?G. IL / ::?)NJSUME-R LO-A'J-- NOT FOR OPEN-ENO,: Flf:01) ?? (page fnll CD rn? ?. 0 1 W E,RTIFIGATE OF TITLE FOR A EHf q LE?` '93Q220D2?iCiC15D7b-tltllr #?3,2DD I 77 j HOMET'TE f 073!3.S29' Q2 HA VEHICLE IDENTIFICATION NUMBER YEAR MAKE OF, VEHICLE ., TiTEE N ? ER ti 1 ?hrrhr?,'? •, Ihl , {IH`"?W°?'?i'dWM? ` f 2/08/9'91 E P, T 4 M l 0 BODY TYPE DUP SEAT CAP PRIOR TITLE STATE ODOM PROCD DATE 000Mo MILES ODOM $iT'•STUG :12/08 TITLED /98 If ?09/ 9 UNLADEN WEIGHT GVWR GCWR TITLE BRA ANDS ODOMETER DISCLOSURE E$f? FEDERAL ti?W REGISTERED OWNER(S) ,, ,_ JAMES A & LORE T1 A', L?, u,., i'P„r tc t :,. HAIR 147 SOUTNSIDE'DR NEWVILLE PA 17241 FIRST LIEN FAVOR OF PEOPLES HERITAGE BANK FIRST (EN RELEASED DATE BY AUTHORIZED REPRESENTATIVE MAILING ADDRESS SECOND LIEN FAVOR OF ODOMETER STAru9.?.;,:;r'•: 0 = ACTLYAL. MILEAGE I = MILEAGE EXCEEDS THE. MEGkWNICAL LIMITS "::•i 2 = NOT THE ACTUAL MIILEAGE 3 = NOT THE A07UAL MILEAGEODOMETER TAMPERING VERIFIED 4 =EXEMPT FROM OOOME eR DISCLOSURE A = ANTIQUE VEHICLE C = CLASSIC VEHICLE D = COLLECTIBLE VEHICLE F = OUTOFCOUNTRY G = ORIGINALLY MFGD..'FOR NON-U S. DISTRIBUTION H = AGRICULTURAL VEHICLE L = LOGGING VEHICLE " P = IS.AVAS A POLId VEHICLE R = RECONSTRUCTED. S =STREET, ROD: .. T = RECOVERED THEFT VEHICLE V = VEHICLE CONTAINS,RELSSUED VIN W = FLOOD VtHiPLE.. X = ISINAS"A TAXI 11 a second Aenholder is listed upon satisiadlon of the Iirst lifsl lien, the lienholder must forward this Title In the Bureau of Motor Vehicles with. the appropriate form and fee SECOND LIEN RELEASED DATE 77 AUTHORIZED REPRESENTATIVE 060 PEOPLES HERITAGE BANK P 0 -BOX 1'377 LEWISTOWN ME N240 1 cerafy as o. the dale of issue, the official records of the Pennsylvania Department B R C i" _ L l.7 R I - of Transportation reflect that the person(s) or company named herein is the lawful owner , of the said vehicle. Secretary of Transportation ' ED AND SWORN" TO BEFORE VE: MC DAY YEAR SIGNATURE OF PERSON ADMINISTERING OATH U J 7 The'-h, d 1 ,,-by MRkes apple non for Cs,101cnlo of The le the vehicle -,,bed bov6 vl>M-. k the en WMrcea'Onb olhAi lapel ohms set forth he,e. _1'NATURE DF APPLIC0.M OR AUTHOM2F.D SIGNER SIGNATURE OF CO-APPLICANT(TITLE OF AUTHORIZED SIGNER If a co-purchaser other than Your spdt+i";l e$E tt)e tifY?to be listed as "Joint Tenants-With RIgI bflath of oh" owner, title goes to surviving owner) G' GK rwlse t e t Ile will be issued as "Tenants in CGrnnto%',?, n de ttriof c' i deceased owner goes to his/her heirs Rr gstat?) _ 1 -I 1ST LIEN OATE•. HECK 1 1ST UENHOLDER T• A , STREET tL M. 1 w.i LIN Y ? kh'li I CITY 1 FINANCIAL INSTITUTION NUMBER Yu'?w 4 2ND LIEN DATE -- ' IF; IItN C.I 11 2ND LIENHOLDFR STREET CITY, r? FINANCIAL INSTITUTION NUMBER - ACT 91 r? Bank` America's Mo U- TD Bank, i a P. O. Box 9 C3 Portland, M a T: 800-742- a www.tdbani o NOIM TAKE ACTION r James Hair F- 147 Southside Drive YOUR HOME Newville, PA 17241 il` a:. FORECLOSURE* This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE. ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see is HEMAP can help; you must MEET WITH A CONSUMER CREDIT' COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (persons with impaired hearing can call (717) 780-1863). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. q) James Hair 147 Southside Drive Newvile, PA 17241 267120467 TD Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANNIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THiS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT,'' EXPLAINS HOW TO BRING YOUR MORTGAGE UP -1-0 DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meetine;. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the_Rro?ert 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 property 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 Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds f6r emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives vour 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 b\ the Pennsylvania Housing finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL URPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THi DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at Land IS SERIOUSLY IN DEFAULT because: A. YOU HAVE. NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months the following amounts are now past due: March, April, May, June, July, August, September and October 2009 Other charges (explain. itemize): TOTAL AMOUNT PAST DUE $4,018.72 B YOU HAVE. FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,018.72. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TILE THIRTY (30) DAY PERIOD. Pay_ments m _ust be made either by cash, cashier's check certified check or money order made payable and sent to: You can cure any_other default _bv taking the follmy-pgaction. within THIRT_Y (30) DAYS of tile date of this lette-r (D_o not use if riot applicable.) IF YOU DO NOT CURE THE. DEFAULT - ifyou do not cure the default with in THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortga eg debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortgage property. Please be advised that neither TD Bank, N.A.'s receipt nor its acceptance of payments over the specified 30-day period shall be deemed to have waived its right to accelerate the loan obligation and foreclose if such payments are not sufficient to have timely cured the existing default and to have paid such additional monthly and other payment obligations owing under the loan documents, including those arising over such 30-day period. Please be further advised that unless your loan documents or applicable law provide otherwise, I'D Bank, N.A. fully reserves the right to apply any such partial or otherwise collectively insufficient payments made over such 30-day period to the balance of the loan obligaton without waiver of' its right to accelerate the loan obligation and to foreclose. 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 beings proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay ali reasonable attorne'ys' fees actually incurred by the lender even if they exceed 550.00. Any attorney's fees will be added to the amount you owe the lender, which may also include reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving, the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by TD Bank N.A. and by performing any other requirements under the mortgagge Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE. DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the 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 US TD Bank, N.A. P.O. Box 9547 Portland, ME 04112-9547 Phone Number: 1-800-742-2651 Option 2 FF FECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgage 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 ale satisfied If your obligation has been discharged in a bankruptcy case, this notice is for informational purposes only and does not constitute a demand for payment or an attempt to collect indebtedness as your personal obligation. If you are represented by an attorney, please provide us with the attorney's name, address and telephone number YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE. THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE IF YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Cumberland County Agencies Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.22;27 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717 762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Page 1 of 1 Bank nJ America's Most r? r? TD Bank, N. `"7 P. 0. Box 95. 10 Portland, NIF r-j T: 800-712-1 0 www.tdbank 0 m ACT 91 NO10 TAKE ACTION' YOUR HOME _ _ FORECLOSURE* eW Loretta Hair 147 SOUthside Drive Newviile, PA 17241 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see is HEMAP can help; you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of the 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 Housine Finance Agency toll free at 1-800-342-2397, (persons with impaired hearing can call (717) 780-1863). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU C:ASA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Loretta flair 147 Southside Dritie Newvile, PA 17241 267120467 TD Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANNIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF "THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling aP-cncies fur the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this property with the lender, you have the right to apply for financial assistance from the Horneewner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and fiic .r co;;iplct;u Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE? YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above You will be notified directly by the Pennsylvania Mousing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL 'URPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TH DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage .Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Land, IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months the following amounts are now past due: March, ,April, May, June, July, August, September and October, 2009 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE $4.018.72 B. YOU HAVE FAILED TO TAKE THE. FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,018 72, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY" PERIOD. Pjjymcnts must be made either by cash, cashier's check certified check or mono order made avable and sent to: YOU can cure any other default by takin the following action within THIRTY (IQ) _DAYS of the date of this letter: (Do not use if not a lic&9.) _ IF YOU DO NOT CURE THE DEFAULT If you do not cure the default with in THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortpaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within TI-fIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortaaae property., Please be advised that neither TD Bank, N.A.'s receipt nor its acceptance of payments over the specified 30-day period shall be deemed to have waived its right to accelerate the loan obligation and foreclose if such payments are not sufficient to have timely cured the existing default and to have paid such additional monthly and other payment obligations owing under the loan documents, including those arising over such 30-day period. Please be further advised that unless your loan documents or applicable law provide otherwise, TD Bank, N.A. fully reserves the right to apply any such partial or otherwise collectively insufficient payments made over such 30-day period to the balance of the loan obligation without waiver of its right to accelerate the loan obligation and to foreclose. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold b_ the Sheriff to pay otf the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender beings proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' 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 reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attornev'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 THE 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 ri ht to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then Past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing, by TD Bank, N_Aand by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT US: TD Bank, N.A. P.O. Box 9547 Portland, ME 04112-9547 Phone Number: 1-800-742-2651 Option 2 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgage property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _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 attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. If your obligation has been discharged in a bankruptcy case, this notice is for informational purposes only and does not constitute a demand for payment or an attempt to collect indebtedness as your personal obligation. If you are represented by an attorney, please provide us with the attorney's name, address and telephone number-. YOU MAY ALSO HAVE THE RIGHT: • "I0 SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY" FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIIIS 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 DEFAUULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT TILE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE IF YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK; PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Cumberland County Agencies Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Page 1 of 1 SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 484-318-7248 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank TD Bank, N.A. ,Successor-In-Interest COURT OF COMMON PLEAS By Merger to Peoples Heritage Bank, N.A. One Portland Square CUMBERLAND COUNTY, PA Portland, ME 04112 . NO. 2010-3877 Plaintiff, CIVIL ACTION -LAW v. : .- ~ JAMES and LORETTA HAIR, h/w . . ~ o ~~ 147 Southside Drive ~~ --a -~~, Newville, PA 17241 ..`~,~~ ~ c =' Defendants. ~'~' ~ ~ ~~ ~~ PRAECIPE TO REINSTATE COMPLAINT ^-;. rv ~~ TO THE PROTHONOTARY: ~ ~ "° Kindly reinstate the Complaint in connection with the above-referenced matter. SHEINTOCH TODD P Dated: ~~ ~ ~ ~~ ~Q By: Joel. Todd,`Esquire Everett K. Sheintoch, Esquire Attorney for Plaintiff TD Bank, N.A. ~ `~ k~1Dc~a ~-~ ~ ~ t ~ ,; SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 484-318-7248 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank TD BANK, N.A. ,Successor-In-Interest COURT OF COMMON PLEAS By Merger to Peoples Heritage Bank, N.A. CUMBERLAND COUNTY, PA Plaintiff, NO. 2010-3877 ~__-w ~a G~z ca -f~ v. CIVIL ACTION -LAW ~' ``~ ~~~ - ,, ~.. r;;~ JAMES and LORETTA HAIR, h/w 4 ~ ~ # ~ ..~. - ~ ~; 4 Defendants. '' r-a _ , ~_ -~ ~ ; ~- _ rv , MOTION FOR ALTERNATIVE SERVICE `{ `~ Plaintiff, TD Bank, N.A., Successor-in-Interest by Merger to Peoples Heritage Bank, N.A., by and through its undersigned counsel, Sheintoch Todd P.C., hereby brings this Motion for Alternative Service and in support thereof, states as follows: 1. Movant is TD Bank, N.A., Successor-in-Interest by Merger to Peoples Heritage Bank, N.A. ("TD Bank"), a National Banking Corporation with corporate offices located at One Portland Square, Portland, ME 04101. 2. The respondent is Loretta. Hair, an adult individual whose last known residence address is 147 Southside D4rive, Newville, PA 17241. 3. On or about June 14, 2010, TD Bank filed its Complaint in the above- captione~ Replevin action. i I ~- i 4. Thereafter, the Complaint was forwarded to the Cumberland County Sheriff (along with an accompanying Mortgage Foreclosure Complaint) for service upon Loretta Hair at 147 Southside Drive, Newville, PA 17241. 5. The Cumberland County Sheriff was unable to make service of the Complaint upon Loretta Hair at 147 Southside Drive, Newville, PA 17241. A copy of the Sheriffs Return of Service (for the Mortgage Foreclosure Complaint which the Sheriff attempted to serve at the same time as the Replevin Complain) is attached as Exhibit "A." 6. The Cumberland County Sheriff verbally advised counsel for TD Bank that it tried on eight (8) different occasions to serve the Complaint upon Loretta Hair at 147 Southside Drive, Newville, PA 17241. 7. ProVest, LLC conducted an investigation and determined that Loretta. Hair still resides at 147 Southside Drive, Newville, PA 17241. More specifically, ProVest's search revealed the following: (a) A national postal address search revealed no change of address for Loretta Hair; (b) Creditors indicated that the last reported address for Loretta Hair is 147 Southside Drive, Newville, PA 17241; (c) The Pennsylvania Department of Motor Vehicles provided no change of address for Loretta Hair; (d) Loretta Hair; I (e) Loretta air; The Social Security Administration has no death records on file for An unemployment search did not reveal a current employer for 2 1 ~ 1 Lorett~ Hair; (f) A public licenses search did not provide any information for (g) There was no record of any voter registration for Loretta Hair; and (h) No military records were found for Loretta Hair. A cope of ProVest's Affidavit of Good Faith Investigation is attached hereto as Exhibit ,.B ~~ '8. ProVest also telephoned two possible relatives and a possible neighbor of LorettailHair, but there were no answers to the telephone calls. See Exhibit "B." '!9. An online search for Loretta. Hair usingt AnyWho.com on October 9, 2010 revealed that Loretta. Hair still resides at 147 Southside Drive, Newville, PA 17241. ~0. Pursuant to Pa.R.C.P. No. 430, this Honorable Court has the authority to grant Tab Bank's Motion for Alternative Service. !1NHEREFORE, Plaintiff, TD Bank, N.A., as Successor-In-Interest by Merger to People's Heritage Bank, N.A., respectfully requests that this Honorable Court enter the attachedl Order granting its Motion for Alternative Service. SHEINTOCH TODD P. ', Dated: ~~,~G, ~~',l~ i Jo~'"S. Todd,~Esquire Attorney for Plaintiff 3 "~ , SHEINTt~CH TODD P.C. By: Ev rett K. Sheintoch, Esquire Jo~l S. Todd, Esquire Attprney I.D. Nos. 51507/62334 11 "~ 1 Lancaster Avenue, Suite 100 Be~fwyn, PA 19312 (T), 484-318-7582 (F) ' 484-318-7248 TD BANI~p N.A. ,Successor-In-Interest By Merge~to Peoples Heritage Bank, N.A. Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, v. NO. 2010-3885 CIVIL ACTION -LAW JAMES an~ LORETTA HAIR, h/w Defendants. VERIFICATION I, Jd~l S. Todd, Esquire, counsel for the Plaintiff in this action, verify that the statements in the foregoing Motion for Alternative Service are true and correct to the best of my knowledge, informatior~jand belief. I understand that false statements made herein are made subject to the ~; penalties ofl~18 Pa. C.S.A. §4904 related to unsworn falsifications to authorities. ~t By: Jo S. Todd, Esquire Dated: !b~ ~~~ ~(1 SHEINTOCH TODD P.C. By: ~ Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney LD. Nos. 51507J62334 ,;1171 Lancaster Avenue, Suite 100 ', Berwyn, PA 19312 ',(T) 484-318-7582 1(F) 484-318-7248 TDB K, N.A. ,Successor-In-Interest By Meh~ger to Peoples Heritage Bank, N.A. Plaintiff, +v. JAME~ and LORETTA HAIR, h/w Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2010-3885 CIVIL ACTION -LAW Defendants. CERTIFICATE OF SERVICE ~,, 3oe1 S. Todd, Esquire, hereby certify that on the date set forth below a true and correct dopy of Plaintiffs Motion for Alternative Service and proposed Order were served U.S. regular mail, postage prepaid upon: Loretta Hair 147 Southwide Drive Newville, PA 17241 James Hair 7 Waterloo Road Carlisle, PA 17015 ~~ /~ Joel S. To d, Esquire Dated: ~ Attorney for Plaintiff } ~~ ~~Y~ // D i; SHERi~F'S OFFICE OF CUiW~ERLAND COUhiTY Rormy R Anders~4n Slretilf ~°vr-~' st E~`~'~4~i Jody S Smith ; ChFef Deputy Ca. '?'t Richard W Stswart~ ~ '- ~ `~ $p/ OFYICE OF T-~ $rcER~F TD Sank, NA Case Number ~~ 2010-3885 James Hair (et a1,p SHERIFF'S RETURN OF SERVICE 07/14/2010 Ronn R. Anderson, Sheriff, who beirtig duy sworn awarding to Iaw, states that on July 14, 2010 at 0832 hours, he was unable to serve a true Dopy of the whin Cornpiwrrt in Nkxl:pape Fonecbsure, upon the within Warned dehendarrt, to wfi Loretta Hair. After seversi the Cent in A+brtgage F rue has expired. 07/1412010 Ronn ' R. Anderson, Sheriff, who being duly sworn aax~r+ding to law, states than on July 14, 2010 at 0832 hours he was unabb to serve a true copy of the within Complaint in Mortgage Forocbsure, upon the within defendant, to wit: James Hair. Attar several attempts the Complaint ~ Mortgage F rue has expired. i SHERIFF COST: $6~,~.60 SO ANSWERS July 14, 2010 ~~ RON R ANDERSON, SHERIFF .: ,~ounry5u~ie Sne^'t 'eecso~ tit. ~~~ ~ ~~~ ~J ProVe~t, L1.C /~tridavit of C3ood Faint hnrsalipe~ion c~rr pvrrdea ~~: File Number: HAI~t Attorney firm: SMEINTOCH TODD P.C. Subjeca Name: tta Hair h Street: 147 South 'de Drive Cihr: Newville ~, Sfdp RMt#s: Date of Birth: 05J21J1972 L~Mt IG10AMfl ' Street: 147 SOUTi}ISiDE DR City: NawWpe State: PA ProVest File Number: 2559787 Dates: As of 7/21/2010 Phone: Zip: 17241 9536 Dsdh i~oo~: ~, As of 7/2112010. the Social Secxniry Administration has no death record on ftle for Loretta Hai . SooW 8sot~lll-Nu1hE~~ Ssrar+oh Gbert~isNd. Employment ""'""1': Urtabbe to verify curr8rtt empiayer. C.ted>~ NtIblmM~lo~: Crec~torB d the fast reported address for Loretta Hair as 147 SOUTHSiDE DR, NewvNle, PA 17241 9536. v~~p~ tt of Moldy Tha Panr~ryMania Dtrnent of AAc~or Vettides provided no change for Loretta Hai from 147 fl t~o0lds: ', S4UTHSiDE DR. Nervvi~e, PA 17241 9536. ~t~biC UOMiMS Search periorrrred provided rw informatbn. i~siM Ems. iteC~ figiMea~lon !. The County Voters Reg~tratlor- Office has no fisting ibr LonetCa Hair . N~tloirl PosMr Has no d~ange for Loretta Hair from 147 SOUTHSIDE DR, fie, PA 17241 9538. Add~+sas tYAI'ary Seer+ch: ! There was no alive military status found. GoimMrrbK ' 1) 717.4$6-5434: possible relative, Homer ,there was no answer. 23 747.486-7853: phis t~eialYv+e, lItsn~Ar, rto ensurer. 3 717-486-4848: poesitiie rta~hbor, FrBnicNrt Ms~ner, ltisne was: no arrawer. _____ on 7n1r201o, 1, ,l vaz~ez~duly aMrom ~ the laver, dewoeae ~ says: s sm empbyed by Provest, LLC. I have an into the whsreabouta of the above named subject. Above ar+e the results of my investiga#ion. '~ Sttbac~-'Ibed and sworn 1r? babr't! rns, ~, Atfiar>F name:,.! ez ' ~Y Date: 7/21!2010 State: PA Zip 17241 r l ,' 1 i 1 I' ,i ~~l i~ l i ~i t ~` i 1 t ~1 i 1 l t I ~~ 1 i i 1 ~~ ~~~ n ~i White Pages on AnyWho Page 1 of 1 ~1~ Pao~• surcfi Igret N••~• Nat NI•sM Shra ~~ lord Ws Psnrrh~arw . Frwiary ~. Plaoea ..++sMr~n. _ . arwstawraeaes NOME Yl/.L01N t>ANi t+r111T! IANi 11E11~iE L40KIM I~L- ~ Inbrn•tlon•I t?INO A i~1 . last Name Raliuhed_... _ Fret Name . ,__.. Str'et _ _ 3 l't+Pa _ _ . __ _. __ _ __ .__ ___ 3 Ara• tollaa I ' HlW torero 1fl-: t•a tae /ua nsrnt AP: Try Y~ the 1st Itttar TJP: uu NII strwt a00rsss 3 ~. .____.~_ ___ snoe ??~~_ NawVNb PA ~ 1721 ' Search ~ ~ iodai Niel a••reh .I ~~ Lorotta L Nair 147 5outhslde Dr sl1O°~01'b um~ NevrvHle, PA 17241 ~y~y„d (717) 4ae-s7eo CtleCtt AG41CdtlOmtLiinoh I WlthlL,a85100f5e1 I t9ili t !k!]Om.S t~ Nti•w ~ 811mmae.L~tiOa >~~ •nw MOe! IfNtO1M~ATlON ON t.orrtiyl 4 Nair • (71?) 486-8760 is a land Una phone. • The brae tkne ~ 12:40 PM. • Location: NawvlNe, PA Information provided solely by,iOjdiLS Find More Information for Loletta L Hair Fnd LOretbl l FI•k's ErttaH Address !~ Phone Number. Run a eackgrowtd thadc on lQretla L Hair Ooee< Loretta L Flak Nave any chrN court records? Yyhat K this P~tY worth? F'k1d ldretta L Italy orlNne personality FMd Lorotta L FIiN' addre~ FNltOry Additional records provided by jp~ttil Dubuc root+eis found for ~ortea Hair vritl- ~urrelnt t twrllfe-d Plwn. t A+idnee w ~ i11'T1EL,ILIi wwaarur first Name Last Name ~`. ,._ State Loretta Hair iVervviiie Penrnylvania r '~NOrrK I About ArtyWho I Ndp I Sae clap I Keen { yP.com Te~T ~,~~ ~~ 1 r'eweCdv'e owners AT•lT marks are trsdnrnirks d ATaT 1rMeileCtusl Prpppty and/or 711e personal klanrJlyinp NMprer1atl01t available Ore AnyNRq K provldW SOlely try ItHNlus, IM. and IS denvad hom Public ReCOrds, Publltlr Awiiable Itlforrnation Ynd ComrrlNt9ai Records. lj1Y.~i~. ~+OPULAR CI1T~ Oli yP.com 2bte drus > StiiclrBiQ Siit[9lt us yerLS l`biml ~ ~ lliteOEltlfi Mtl]efAUreR Pdllitlelghli Dltllit& lOtliillf1ii00i I.IiWedYt ~M>a.YOtY 1P!>omut j~ I(.rras 1 OItlaHpma Gir++ http:/lwhitepages.~nywho.cx)mJr+esul~s.php?ReportType=3~c=N+swv11e8taf=Loretta&ai... 10/9/2010 OCt 2 2 2010. TD BANK, N.A. ,Successor-In-Interest COURT OF COMMON PLEAS By Merger to Peoples Heritage Bank, N.A. n Plaintiff, v. JAMES and LORETTA HAIR, h/w Defendants. ORDER CUMBERLAND COUNTY,, rn o NO. 2010-3877 N~f-" -G ~ CIVIL ACTION -LAW ~~ zo -yc 2 -.~ -< AND NOW, this ~ ~~ day of ~~~ ab t ~ , 2010, upon a a 0 -., N b31 0 w consideration of Plaintiff s Motion for Alternative Service, and it appearing to the Court that the Plaintiff has made good faith efforts to locate the Defendant, Loretta Hair, in order to serve the Complaint in the above-referenced replevin action; NOW, THEREFORE, it is hereby ORDERED and DECREED that said Motion is granted and Plaintiff is directed to serve a copy of the Replevin Complaint upon Defendant, Loretta. Hair, by posting a copy of the Complaint upon her residence door located at 147 Southside Drive, Newville, PA 17241; and It is further ORDERED and DECREED that service of all future papers in this matter shall be served upon the Defendant, Loretta Hair, via regular mail sent to her last known address at 147 Southside Drive, Newville, PA 17241. /o~~.s~la ~~ BY THE COURT: ~~ ~ 0 --~ rn ~~ Obi =0 o-~ o ~" ~rn -~ SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 484-318-7248 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank TD Bank, N.A. , Successor-In-Interest COURT OF COMMON PLEAS By Merger to Peoples Heritage Bank, N.A. One Portland Square CUMBERLAND COUNTY, PA Portland, ME 04112 NO. 2010-3877 Plaintiff, CIVIL ACTION - LAW V. : JAMES and LORETTA HAIR, h/w . 147 Southside Drive == r- Newville, PA 17241 ' - 70 Defendants. PRAECIPE TO REINSTATE COMPLAINT "= r ?- TO THE PROTHONOTARY: ` Kindly reinstate the Complaint in connection with the above-referenced matter. SHEINTOCH Dated: /(,I ? .16 By: Joel Sot/Todd, Esquire Everett K. Sheintoch, Esquire Attorney for Plaintiff TD Bank, N.A. ??pVD SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff RT THE PRO THONO TAR T Jody S Smith Chief Deputy (} _2 PM 3. 6 Richard W Stewart PENNSYLVANIA COUNTY TD Bank, NA vs. James Hair (et al.) Case Number 2010-3877 SHERIFF'S RETURN OF SERVICE 11/2312010 07:48 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2010 at 1948 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James Hair, by making known unto himself personally, at 151 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. DENN FRY, DEP? 11/23/2010 07:48 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2010 at 1948 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Loretta Hair, by making known unto James Hair, Husband of defendant at 151 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $5190 November 29, 2010 DE IS FRY, D T SO ANSWERS, RON R ANDERSON, SHERIFF (c Gourty5uite Sherdt. Tefeosoft Inc SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 888-506-3781 TD BANK, N.A. , Successor-In-Interest By Merger to Peoples Heritage Bank, N.A. Plaintiff, V. JAMES and LORETTA HAIR, h/w Defendants. Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2010-3877 CIVIL ACTION - LAW PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settle, Discontinued and SHEINTOCH TOWD N.C. By: Joel Sv Todd, Esquire Attorneys for Plaintiff TD Bank, N.A Dated: ,? /? ??