The URL can be used to link to this page

Home My WebLink About01-7135BANKONE, NATIONAL ASSOCIATION, F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE Plaintiff vs. MICHAEL E. CHAMBERS AND LYNN K. CHAMBERS A/K/A LYNN CHAMBERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TI~ PURPOSE OF COLLECTING TI-IE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without fumher notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BANKONE, NATIONAL ASSOCIATION, F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS AND LYNN K. CHAMBERS A/K/A LYNN CHAMBERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiffand mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff BANKONE, NATIONAL ASSOCIATION, F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS AND LYNN K. CHAMBERS A/K/A LYNN CHAMBERS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW .' : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is BANKONE, NATIONAL ASSOCIATION, F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, a national association acting through its servicing agent HOMECOMINGS FINANCIAL NETWORK, INC., whose address is 9275 SKY PARK COURT, SUITE 300, SAN DEIGO, CALIFORNIA 92123. Defendant, MICHAEL E. CHAMBERS, is an adult individual whose last known address is 223 SOUTH YORK STREET, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, LYNN K. CHAMBERS A/K/A LYNN CHAMBERS, is an adult individual whose last known address is 223 SOUTH YORK STREET, MECHANICSBURG, PENNSYLVANIA 17055. On or about, September 25, 1998, MICHAEL E. CHAMBERS' executed and delivered a Mortgage Note in the sum of $73,000.00 payable to SOURCE ONE MORTGAGE SERVICES CORPORATION, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Subsequently the Mortgage was assigned to BANKONE, NATIONAL ASSOCIATION F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE and will be sent for recording. Said Mortgage and Assignment are incorporated herein. 5. The land subject to the Mortgage is: 223 SOUTH YORK STREET, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on May 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $21.83 per day From 04/01/2001 To 01/01/2002 ( based on contract rate of 10.9500%) Accumulated Late Charges Late Charges $34.47 From 05/01/2001 to 01/01/2002 $71,781.61 $6,003.25 $387.29 $275.76 Attorney's Fee at 5% of Principal Balance TOTAL $3,589.08 $82,036.99 **Together with interest at the per diem rate noted above after January 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 10.9500%/(~21.83 per diem), together with other charges and costs including escrow advances incidental thereto to the/da/lk of Sheriff's Sale and for foreclosure and sale of the property within described. Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) BEST COPY 7~'-3 ,Anju. ~.an[.~ RATE NOTE t~MNGEATANY ONETIMIAND'rI~ MAXIMUMRAT! i NUBT pAy. ~PTEMBER ~OTH. 1~8 CINP HILL Pf~YLVAHIA L BORIOW~'S fl4m~ .TO pAy I.m~o t. lhm, hlm~ .MZ MIl pm~ q Jn memldmmn~ i~ ,A.v.J6~ ,m .,r FJuqI4~i~ HILLS. #! 41~3/'-3314 ]tmd~,ot'm~lMtl,d .... ?~PsTm,-/s wdl/,oi~.thp-,-mt (d'1.1.S. S ~ . 4- IN'F~T BArB AND MONTHLY PAY~F CHA~BS EST COPY 'l'mJntmsttmlamtequlredmimfatlboflntChmpthdowalnntbopnmremn Jl.~5~00 % os. bthan 8.BOO ~S. 7bnfedJnt. my Jnmsst m~o will nev~ be inctmsod or deeammd on Slx Inonlh&M.yJnfmlBtlsdottJl[~,.--bftueMelbn 14.0~00 %,* * I~eJmdtan 8.MM0 IS. tho thotdqdsnmmad~{t, pmenv;hovdllnane, quesflanlmq, have mpal~ ~snml~s. --_.. ....... S. BORROWI~'8 BIGHT TO XslIBPA,¥ ~ . ~l*a~n tdlbNoMBnldu'Jn wddnt v,,- lam~mnso. BEST COPY ~ldompt~ thohltmunnt~emahm~pqmmmoMhodmlt indm~l Mil bein de. ult. (C) NMImafDdault if I mm h~-'---'t, blqtmliddurmnofmmdml vflideunoliesUf~ mothnt irlEbnotM lhs~ ~t ~ a dm Intfn~t thmt I oweau ffut mnfmnL 1blt dmtomnnt boat Inft 30 dl~w still Ibdsm m'fhl~h ~ ~ h ~ .r m*l-d tome. (D) rbWdu~n~NotolidM be pdd bmdt by n foe dj ~r helnmd U h ,a~ dd' LqOW fo hem~t nat prdu'bind b% ~1~. %hiram bnqdms&dflbnatnufJud, m~ndi~ tbtt mmtbolivuntomounder thblqom will ~ ~ bx d0l~it~by nuill~kbyfhntdmSlndl~ommutllB%qol~E3, AddmaboYo~t mt tdlfr~ if% ~ ~ ~c mddmsiflam [Ivmanoti~afthst dl~mmt aMnms. ~..OB~JGATm~ OF X'SnSt~ Ummt TmS NOTE · ]Fmamtlm amPemmdSm dd'Nak, mdl Pamnb fdl~Y and~ *_'d'~ to iamoP dl ddm Pmnbasm'ck m this Nabs, im~ b pa2mdm Io p~ b bll 8m0unt ow.d. An% pelem who b m pmmnlnt, mfdy of ~ cd'thb No~ is ebo abilptal to ,k h I1~ lmm v~ho b av~ fire d~ JndmS~ h oblipdms of 8 11. W mNOT~ .d? as tMs No~ ptutms lbo NntolJftdethpmdl~ksmss thst mflMr~ult if% do not ke~ tho plomim ~ f ~ in BEST COPY mi thm~ tho dale { m lammd~ d mmQ, $ m _m in dds Semfl~, lmtnnmm Js ~o ~o One . BEST COPY VERIFICATION I, Leon P. Hailer, Esquire, hereby swear and affimx that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are. true and correct to the best of my knowledge, information, and belief based upon information provided by BANKONE, NATIONAL ASSOCIATION, F/KIA THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: December 19, 2001 Leon P. Haller, Esquire ~ ...< SHERIFF'S RETURN - REGULAR CASE NO: 2001-07135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS CHAMBERS MICHAEL E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS LYNN K the DEFENDANT at 124 W. PORTLAND STREET , at 1905:00 HOURS, on the 3rd day of January MECHANICSBURG, PA 17055 by handing to LYNN CHAMBERS a true and attested copy of COMPLAINT - MORT FORE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 21.85 Sworn and Subscribed to before me this ~ ~ day of ~%0~ 2~ A.D. / ;Prot}l-onotary ~ i ~ So Answers: R. Thomas Kline 01/04/2002 PURCELL KRUG HALLER BY: /e'~uty S~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-07135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS CHAMBERS MICHAEL E ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS MICHAEL E the DEFENDANT at 223 SOUTH YORK STREET , at 1800:00 HOURS, on the 27th day of December , 2001 MECHANICSBURG, PA 17055 by handing to MICHAEL E CHAMBERS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this ~ day of ;Pl~othonotary So Answers: R. Thomas Kline 01/04/2002 PURCELL KRUG HALLER Deputy Sheriff BANKONE, NATIONAL ASSOCIATION, F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE Plaintiff VS. MICHAEL E. CHAMBERS AND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -'--/13S ...,. CIVIL ACTION - LAW l ACTION OF MORTGAGE FORECLOSURE LYNN K. CHAMBERS A/K/A LYNN CHAMBERS Defendants ~ .,~ :~ I~S FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO C~EC~ '5~ cD EBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FR~YOI2~ g: z~q WILL BE USED ~'OR TItE PURPOSE OF COLLECTING TI:IE~ DEB~.~c~_~ ~ ¢,m~2~5 NOTICE ~ ~ ~ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. ' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUESAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OB~ECCION CONTRA LAS QUESAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICAPJO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 In Tesllr~ wtmrmN', I I~e u~e m my l'mae BANKONE, NATIONAL ASSOCIATION, F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS AND LYNN K. CHAMBERS A/K/A LYNN CHAMBERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiffis the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assme that said debt is valid. If the Debtor notifies the undersigned attomey in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff BANKONE, NATIONAL ASSOCIATION, F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS AND LYNN K. CHAMBERS A/K/A LYNN CHAMBERS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW _: : ACTION OF MORTGAGE FORECLOSUR~ COMPLAINT IN MORTGAGE FORECLOSURF. Plaintiff is BANKONE, NATIONAL ASSOCIATION, FFK/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, a national association acting through its servicing agent HOMECOMINGS FINANCIAL NETWORK, INC., whose address is 9275 SKY PARK COURT, SUITE 300, SAN DEIGO, CALIFORNIA 92123. Defendant, MICHAEL E. CHAMBERS, is an adult individual whose last known address is 223 SOUTH YORK STREET, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, LYNN K. CHAMBERS A/K/A LYNN CHAMBERS, is an adult individual whose last known address is 223 SOUTH YORK STREET, MECHANICSBURG, PENNSYLVANIA 17055. On or about, September 25, 1998, MICHAEL E. CHAMBERS' executed and delivered a Mortgage Note in the sum of $73,000.00 payable to SOURCE ONE MORTGAGE SERVICES CORPORATION, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveyingqo original Mortgagee the subject premises. Subsequently the Mortgage was assigned to BANI(ONE, NATIONAL ASSOCIATION F/K/A THE~FIRST NATIONAL BANK OF CHICAGO, TRUSTEE and will be sent for recording. Said Mortgage and Assignment are incorporated herein, 5. The land subject to the Mortgage is: 223 SOUTH YORK STREET, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on May 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $21.83 per day From 04/01/2001 To 01/01/2002 ( based on contract rate of 10.9500%) Accumulated Late Charges Late Charges $34.47 From 05/01/2001 to 01/01/2002 $71,781.61 $6,003.25 $387.29 $275.76 Attorney's Fee at 5% of Principal Balance TOTAL $3,589.08 $82,036.99 **Together with interest at the per diem rate noted above after January 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been enter_ed upon said Mortgage in any jurisdiction. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 10.9500°/~(~21.83 per diem), together with other charges and costs including escrow advances incidental thereto to the/da/t6 of Sheriff's Sale and for foreclosure and sale of the property within described. By: // Leon P. Haller, Esquire Attomey for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) BEST COPY AIIjLT' STAm*~ RATE NOT~ (~mORSMoath Idit(&thbidmlhTmWdi Jrua;earnd).~,,~ Cap). CHAN~EAT~O~TIMEJVdDTHE MAXIMUM RAI'E I Muirr pay. ONE NalIleAll IllVlCll CallPlMTlel, i ~i.ilfillE COIIPOIIXTIOlt · isNat~ B, MM0 'i* 'lbo itfaut -"b- ~ will p~ m~ dunes jn ~cuahnco wj~h .~,,!m. 4 of f N~ILO COPY BEST COPY R'Id~nt~l~'b~ll~mnb~lss~ssnran~sbb -a~--,! ~ Isslnd~faulC mmledlomo. ......... -- ~mm mmm mm~m~ m mm aum~m mare am a m ~ i!~ a b dg~..~,-.-_~., m (D) NoWd~'RrNetoKddu' lids ~ That BEST COPY ~,cammmmunuwm~matlr"- '_-_ · I ~ w~l,v,,,d,t,,-~jebe~im~u. $~e.,'ce One BEST COpy 3'iht 3.tne~ ~tte Inntrance .Company VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are. tree and correct to the best of my knowledge, information, and belief based upon information provided by BANKONE, NATIONAL ASSOCIATION, F/K/A THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: December 19, 2001 Leon P. Hailer, l~.squire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7135 CIVIL ACTION LAW IN MORTGAGErt~CLOSURE 4. 5. 6. 7. 9. 10. 11. ANSWER TO COMPLAINT Agreed. Disagreed. Although Defendant Michael Chambers does reside at 223 S. York Street, Defendant Lynn K. Chambers resides at 124 W. Portland Street, Apt 28, Mechanicsburg, PA 17055. Agreed. Agreed. Agreed. Agreed. Can't be answered. Defendant Lynn K. Chambers was not informed as to what exactly was owed. Co-Defendant Michael Chambers refused to give her information, as well as Homecomings Financial. Several calls were placed to mortgage company with inquiries as to status of mortgage, as well as written inquiries. All were unanswered. Acknowledged. Acknowledged. Agreed. Disagreed. Defendant Lynn Chambers was told that she must be physically residing at 223 S. York Street address in order to apply for this program. Defendant Lynn Chambers has not lived at residence since February 2000. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. NEW MATTERS Defendant Lynn K. Chambers left 223 S. York Street Mechanicsburg (known as the marital residence) February 2000; due to marital discord and due to filing for divorce the prior year. Defendant Michael Chambers changed all locks to property blocking access to home February 2000. Through correspondence between divorce lawyers, and signed agreement, it was known to both parties that Michael Chambers would continue to reside at property and continue to pay mortgage payments on a monthly basis; until home could be sold. (Exhibit A) Upon receipt of first warning of foreclosure in March 2001, defendant Lynn Chambers asked defendant Michael Chambers to physically move out of the residence so defendant could move herself and two children back in. As defendant already had monthly rent obligations for her present home, she could not afford to pay both the homecomings mortgage and her current rent. Defendant was willing to leave her present home to move back in the marital property and pay the Homecomings mortgage, until home could be sold. Upon this offer, defendant Michael Chambers still refused to leave the property. Defendant Lynn Chambers even consulted a lawyer and was told that he could not be ordered to leave the property. Defendant Lynn Chambers tried contacting Homecomings Financial in regards to this situation and received no help. On May 31st 2001, Defendant Lynn K. Chambers filed Chapter 7 bankruptcy in United States Bankruptcy Court, Middle District of PA case #1-01-03152RJW-1. (Exhibit B) Homecoming Financial was a listed as a creditor under this case. Exhibit C) On September 27, 2001 a discharge order was signed. Homecoming Financial did not object to this discharge and no debt with Homecomings Finical was reaffirmed. (Exhibit D) Upon receipt of second foreclosure warning notice from Homecomings financial in October 2001, again Defendant Lynn Chambers offered to move back to the residence and take over the mortgage payments from Defendant Michael Chambers. Again, he refused. Defendant Lynn Chambers consulted another lawyer in regards to this final foreclosure complaint. Defendant Lynn K. Chambers was advised that no further debt could be collected due to Chapter 7-bankruptcy protection. The property on York Street has been for sale since last year. There have been several contracts on the property. But none have been finalized. Property is presently listed with Jack Gaughen realtors. WHEREFORE, Defendant Lynn K. Chambers asks the court to find this complaint against her INDIVIDUALLY, invalid due to creditor's (Homecomings Financial Mortgage Company) failure to dispute debt at appropriate time during Chapter 7 bankruptcy proceedings. According to her lawyer, Defendant Lynn K. Chambers is protected from any further debt collection due to this bankruptcy. Lynn K. Chambers Pro se 124 W. Portland Street Apt 25 Mechanicsburg, PA 17055 EXHIBIT A March 9, 2001 Su~all Kay Ca. ndi¢llo 5021 East TrindieRoad, Suite 100 M~hanicsburg, ?A 17050 Re: Frank Chambers v Miel~ael E. Chambcrs-No.: 01-1226 Civil Term Our File No.: 1771.001 ~)ear Ms. Candieilo: This is i,n ~rthorance of our telephone ¢onvetsat:on of March 8, 2002 during which we discussed tl~= cutsteaMing mortgage on the marital pre:~ses. Plcasc acknowledge this letter as an expression of MI'. Chambers' acceptance of sole responsibility for paying the mortgage, effi~ctive continuously fi.om the date he had exclusive posse.';.sion and continuing until the closing date of its sale to a third party. In this regard Mr. Chambers' distrthution at sale will bt determined after calculations are made to retlec: his sole obligation as described above. Tm addition, Mr. Chambm's will make thc nc:~o,ss~"y payments to prevent the mortgage ii'om being s~bjccted to tbrcclosurc. Sincerely yo<rs. cc: Prank Ckambcrs GSR: dlj As requested I am in writing, accepting that I will pay from my portion of the proceeds from the sale of the house, any additional late fees, as well as 1/2 of monies that wouid have been appli~ toward the principal of the mortgage, at the time of closing Additionally, 1 will make payments necessary to prevent the mortgage from ~et'aulting, until the house can be sold. :,,/ ., / Michael E. (~hambcrsc/ ~ EXHIBIT B For~ 1, Pl (06-95) Jurius Blumberg, Inc. NYC 10013 FORM 1 VOLUNTARY PETITION United States Bankruptcy Court Middle D~tric[ of IN RE (Name of deblor-lf individual enler Last, First, Middle] Chambers, Lynn Katharine ALL OTHER NAMES use~'by debtor in l,~e last 6 years (l~clude married, maiden and Irade names) SOC. SEC./TAX I.D. NO. [if more than one, state all) 194 -54-4541 STREET ADDRESS OF DEBTOR (No. and street, c,~y, slale, z,p) 124 W. Portland St. ~28 Mechanicsburg, PA 17055 COUNTY OF RESIDENCE OR PRINCIPAL PLACE OF SUSINESS Cumberland MAILING ADDRESS OF DEBTOR (it dJfferen~ from streeI address) LOCATION OF PRINCIPAL ASSETS OF BUSINESS OEBTOR (If different from addresses hated above) VOLUNTARY Pennsylvania PETITION NAME OF JOINT DEBTOR (Spouse) (La~t, First, Middle) ALL OTHER NAMES used by the om! debtor in the last 6 years (Include married, ma den and trade names.) SOC. SEC./TAX I.D. NO.(If more man one, state all) STREET ADDRESS OF JOINT DEBTOR (No. and slreet, oily, state, zip) MAILING ADDRESS OF JOINT DEBTOR II Sifter edt fram strJal~ addres Ce~tor has been oo~ioi~ed o~ ha~ h~d a residence, principal place Thece is a ba~kcuptcy c~a concernin deblor's affiliate, ~enera~ r-I parlne~ o~ partnership pending i~ tbi~gDistricl. TYPE OF DEBTOR [:] Joinl tH&W) NATURE OF DEBT {;~[Non-Business Consume, ['lBusimess - Complete A&B below A. TYPE OF BUSINESS (check one box) [']Farming OT'ansporta:ion 0 Co m moc~i:y Brol~er 0 Professional ~Manufactur~ng/ 0Construction ~ Re:ail/Wholesale Mn~ng ~Rea~ Estale ~ Railroa~ ~S:ocKbroker ~O:het ~usiness B. BRIEFLY DESCRIBE NATURE OF BUStNESS STATIST~CALADMINISTRATIVE INFORMATION (28 U S.C. 604) (Estimates only) (Check applicable boxes) INFORMATION REGARDING DEBTOR ICheck applicable boxes) CHAPTER OR SECTION OF BANKRUPTCY CODE UNDER WHICH THE r~Corporation P~.~3[icly Held PETITION IS FILED (Check one box) r-]Corpora[ion Nol Publicly Held [~Chapler 7 r-]Chapter 11 ~]Chapter 13 ~]Municipahty E-]ChaD:er g [-]Chapter 12 [_-]Sec. ~04-Caee Ancillary 1o ForeJg SMALL BUSINESS (Chapter 11 only) Proceeding I-1Deblor is a smelt business as deline¢ in 11U.S.C. 101. r'lDebtor is and elects to be considered a small business under 11 U.S.C. 1121 (el FILING FEE (Check one box) [~Filing fee attached. r-lFil[ng tee 1o be oaid in installments. (Applicable to individuals only Must attach signed application lot the court's consideration certifyin that :he debtor is unable ID pay fee excebt in installments. Rule 1006(b). ~ee Offlcal Form No,3 NAME AND ADDRESS OF LAW FiRM OR ATTORNEY Lawrence J. Neary, Esquire 108-112 Walnut Street ~{arrisburg, PA 17101 Te~ephdneNo. (717) 238-4798 NAME(SI OF ATTORNEY(S) DESIGNATED TO REPRESENT THE DEBTOR Lawrence J. Neary, Esquire r-~ Debtor is not repreeenled by an attorney. Telephone No. of Debtor not represented by an attorney; [ ) ESTIMATED NUMBER OF CREDITORS [-11-15 F~I 6-49 Dso.99 D100.199 D200.999 DlOOO.over ESTIMATED ASSETS (in thousands of dollars) over ~Under50 r-150-99 r-~lOO-49g ~500.999 ~lOOO-gggg ~10,000.99,000 ~ 100,000 ESTIMATED LIABILITIES (in thousands of dollars) over ~Unde~50 ~50-99 ~1OO-49g ~500-999 ~1000-g9gg ~10,O00-99,000 ~ 100,000 ESTIMATED NUMBER O~ EMPLOYEES'CH 11 & 12 ONLY O0 01'19 020-99 E100'999 01000-Over ESTIMATED NO. OF EQUITY SECURITY HOLDERS- CH 11 & 12 ONLY THIS SPACE FOR ~OURT USE ONLY BForr~ t, P2 (2-95) Julius Blumberg, lac, NYC 10013 Name of Debtor Chambers, Lynn Katherine Case No, (Court use only) FiLiNG OF PLAN For ChapIer 9, 11,12 an013 cases only. Checl( appropriate box. A copy of debtor's proposed plan dated Debtor intends lo tile a plan within the time allowed by statute, rule. ar ~-]is attacheo. -- ~]order of the court. Location Where Filed PRIOR BANKRUPTCY CASE FILED WITHIN LAST 6 YEARS (It mere than one, attach add~I~onal sheet) Case Number Date Filed PENDING BANKRUPTCY CASE FILED BY ANY SPOUSE, PARTNER, OR AFFILIATE OF TH S DEBTOR (if more Case Number Judge than one, attach additional sheet. REQUEST FOR RELIEF Debtor is eligible for and re(~uests reliel in accordance with the chapter of title U, United States Code, specilied in this petition. SIGNATURES u~o ATTORNEY / Date CORPORATE OR PARTNERSHrP OEBTOR I declare.under penalty of perjury {hat the information provided in this petition is tue and correct, and that I have been authorized to file this petition on behalf of the debtor. X Signslure of Authorized tndividua~ Prinl or Type Name ol Authorized Individual TiIle of Individual Authorized by Debtor to File this Petition Date If debtor is a corporation filing under Chapter 11, Exhibit"A" is attached and made artotthispetition. TO SE COMPLETED BY INDIVIDUAL CHAPTER 7 DEBTOR WITH PRIMARILY CONSUMER DEBTS (See P.L. 98-353 3221 I am aware that I may proceed under chapter 7,11,12 or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7 of such tille. If I am ~rl~oresented by an attorney, exhibit "B" has been completed. Signa~re of Debtor X Date Signature of Joint Debtor EXHIBIT'B" (To be combleted by attorney for individual chapter 7 debtor(s) with primarily consumer debts.) I, the attorney for the debtor(s) named in the foregoing petition, declare t/let I have informed the debtor(s) that (he, she, or they ) may proceed under chapter 7. 11, 12, or 13 of title 11. United States Code, and have explained the relief available under each such chapter. X Date Signature et Attorney CERTIFICATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER (See 11 U.S.C. 110) I certify that I am a bankruptcy petition preparer as defined in 11 U.S.C. See. 110, that I prepared this document for compensation, and that I have provided t~- debtor with a copy ef this document. Printed or Typed Name of Bankruptcy Petition Preparer Social Security Number Tel. No. Address Names and Social Security numbers et all other Individuals more than one person prepared this document, attach additional signed shoals conlitming to the appropriate Otficial Fo~m for each person. X Signature of Bankruptcy Petition Preparer gForm ~ Stat. of Financial Affairs (11-92) JuliusBlumbsrg, Inc. NYC10013 STATEMENT OF FINANCIAL AFFAIRS UNITED STATES BANKRUPTCY COURT Middle DISTmCTOP Pennsylvania laR,: Chambers, Lynn Katharine CssaN.. Dab[or[s) STATEMENT OF FINANCIAL AFFAIRS This stetement is to be completed by every debtor. Spouses fiLing a joint petition may file a single statement on which the information for both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. An individual debtor engaged in business as a sole proprietor, partner, famiLy farmer, or se[f-empLoyed professionaL, should provide the information reduested on this statement concerning aLi such activities as we[[ as the individuaL's persona[ affairs. Questions 1-15 are to be completed by ail debtors. Debtors that are or have been in business, as defined below, aLso must complete Questions 16-21. If the answer to any question is "None" or the question is not appLicabLe, mark the box LabeLed "None,,. If additional space is needed for the answer to any question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question. DEFINITIONS I'In business." A debtor is "in business" for the p~rpose of this form if the debtor is a corporation or partnership. An individual debtor is "in business" for the purpose of this form if the debtor is or has been, within the two years tnt~ediete[y preceding the filing of this bankruptcy case, any of the fo[Lowing: an officer, director, managing executive, or person in control of a corporation; a partner, other than a Limited partner, of a partnership; a sole proprietor or seLf-empLoyed. "Insider." The term "insider" includes but is not Limited to: relatives of the debtor; general partners of the dab[or and their relatives; corporations of which the debtor is an officer, director, or person in controL; officers, directors, and any person in control of a corporate debtor and their relatives; affiliates or the debtor and insiders of such affiliates; any managing agent of the debtor. 11U.S.£. ~one 1. INCOME FROM EMPLOYMENT OR OPERATION OF BUSINESS State the gross amount of income the debtor has received from empLownent, trade, or profession, or from operation of the debtor,s business from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years iranediate[y preceding this calendar year. CA debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is fi[ed, state inco~ for each spouse separateLy. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, un[ess the spouses are separated and a joint petition is not fi[ed.) AMOUNT SOURCES 7000.00 1999 - Operations Administration Assistant 24121.00 2000 - Operations Administration Assistant 9000.00 Year to date Operations Administration Assistant None 2. INCOME OTI{ER TKAN FROM EMPLOYMENT OR OPERATION OF BUSINESS State the amount of income received by the debtor other than from employment, trade, profession, or oparation of the debtor's ~siness during the two years i~(ately preceding the co~memo~nt of this case. n-ire particulars. If a joint petition is fi[ed, state income for each spouse s~arateLy, (Married debtors filing under chapter 12 or chapter 13 raJst st AMOUNT SOURCES 780.00 Collected from U.C. Benefits - 4/10 to 5/17/2001 None 3. PAYMENTS TO CREDITORS NAME AND ADDRESS OF CREDITOR DATES OF AMOUNT AMOU PAYMENTS PAID STILL OW1 Consumer Credit Counseling monthly 191.00 Student Loan Monthly 200.00 None Ixl b. List ali payments made within one year immediately preceding the coflN1)encement of this case to or for the benefit of creditors who are or were insiders. CMarried debtors filing under chapter 12 or chapter 13 must include payments by either both spouses whether or not a joint petition is filed, un[ess the spouses are separated and a joint petition is not filed.) 4. SUITS AND ADMINISTRATIVE PROCEEDINGS, EXECUTION, GARNISHMENTS AND ATT; a. List al[ suits and administrative proceedings to which the debtor is or WaS a party within one year iemllediateiy prec pankruptcy case. (Married debtors filing under chapter 12 or chapter 13 Ill. st include infornmtion concerning either or both spouses or not a joint petition is fi[ed, unless the spouses are separated and a joint petition ia not fi[ed.) CAPTION OF SUIT NATURE OF AND CASE NUMBER PROCEEDING COURT AND LOCATION STATUS OR DISPOSITION Gates & Ass. Civil NO.CV.000010101 Complaint DJ. Manlove Cumberland County Judgment entered 5/3/01 for $2,993.40 CAPTION OF SUIT NATURE OF COURT STATUS OR AND CASE NUMBER PROCEEDING AND LOCATION DISPOSITION JFrank Chambers Civil v. Lynn K. Chambers and Michael E. Chambers No. 01-1226 - Civil Complaint Cumberland County Pleading stage None Ix None Ix None Ix None Ix None b. Describe all property that has been attached, garnished, or seized under any legal or equitable process within one immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either of both spouses whether or not a joint petition ia filed, unless the spouses are separated ar a joint petition is not filed.) 5. REPOSSESSIONS, FORECLOSURES, AND RETURNS List ail property that has been repossessed by a creditor, sold at foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, within one year immediately preceding the cc~mencement of this case. (Married de filing under chapter 12 or chapter 13 must (~cLude information concerning property of either or both spouses whether or not joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 6. ASSIGNMENTS AND RECEIVERSHIPS a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the co~nencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed unless the spouses are separated and a joint petition is not filed.) b. List all property which has been in the hands of a custodian, receiver, or court appointed official eithin one year immediately preceding the cor~nencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or beth spouses whether or not a joint petition is fired, unless the spouses are separated and a joint petition is not filed.) 7. GIFTS LLst all gifts of charitable contributions made within one year in~ediateLy preceding the commencement of this case except ordinary and usual gifts to family members aggregating Less than $200 in value per individua[ family member and charLtabLe contrLbutions aggregating Less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is fi[ed, unless the spouses are separated and a joint petition is not filed.) 8. LOSSES List all losses form fire, theft, other casualty or gambling within one year inmediateLy preceding the commencement of this case or since the co~encement of this case. (Married debtors filing under chapter 92 or chapter 13 must include losses by either or both spouses ~hether or not a joint petition is fi[ed, unless the spouses are separated and a joint petition is not filed.) N(~qe 9. 'PAYMENTS RELATED TO DEBT COUNSELING OR BANKRUPTCY List all payments nde or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt consolidation, relief under the bankruptcy taw or preparation of e petition in bankruptcy within one year immediately preceding the commencement of this case. NAME AND ADDRESS OF PAYEE DATE OF PAYMENT, NAME OF PAYOR IF OTHER THAN DEBTOR AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY Consumer Credit Counseling o/oo 191.00/monthly None 10. OTHER TRANSFERS List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within one year in~ediately preceding the co~ence~ent of this case. (Narried debtors filing under chapter 12 or chapter 13 rmst include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 11. CLOSED FINANCIAL ACCOUNTS List all financial accounts and instruments held in the name of the debtor or for the benifit of the debtor which were closed, sold, or otherwise transferred within one year in~ediately preceding the coramencement of this case. include checking, saving, or other financial accounts, certificates of depesit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not fi[ed.) 12. SAFE DEPOSIT BOX List each safe deposit or other box or depository in which the debt has or had securities, cash, or other valuables within one year immedia:eLy preceding the con~ncen~nt of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless :he spouses are separated and a joint petition is not filed.) 13 . SETOFFS List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is fi[ed, unless the spouses are separated and a joint petition is not filed.) None 14. PROPERTY HELD FOR ANOTHER PERSON I XJ List all property owned by another person that the debtor holds or controls. 15. PRIOR ADDRESS OF DEBTOR if the debtor has moved within two years immediately preceding the commencement of this case, List aLL premises-which the debtor occupied during that period and vacated prior to the conmence~ent of this case. petition is fiLed, report also any separate address of either spouse. If a joint ADDRESS NAME USED DATES OF OCCUPANC 908 Loring Lane Mechanicsburg, PA 17055 Lynn Chambers 2/2000 to 6/2000 1993 to Feb.2000 223 S. York Street Lynn Chambers Mechanicsburg, PA 17055 BUns~o~n Dectaration ¢4-95) ~uHus 8Lun~er9, ]nc NYC 10013 Unsworn Declaration under Penalty of Perjury, (if completed by an individual or individual and spouse) I declare under penalty of perjury that I have read the answers contained in the foregoing stateme/~r["pf financial affairs and any attachments thereto and that they are true and correct. r /Date ~' ~,~ignature of Debtor Date Signature of Joint Debtor (if any) CERTIFICATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER (SEE 11 US.C. 110) I certify that I am a bankruptcy petition preparer as defined in 11 U.S.C, 1tO, that I prepared this document for compensation, and that I have provided the debtor with a copy et this ~ocument. Print or Typed Name of Bankruptcy Petition Preparer Social Security Number Address Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document. If more than one person prepared Ibis document, attach additionai signed sheets conforming to the appropriate Official Form for each person. Signature of Bankruptcy Petition Preparer Date A Bankruptcy petition preparer's failure to comply with the provisions of title II and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment orboth. 11 U.S.C. § 110; 18 U.S.C. § 156. (if completed on behalf of a partnership or corporation) I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct to the best of my knowledge, information and belief, Date Signature Print Name and Title (An individual signing on behalf of a partnership or corporation must indicate position or relationship to debtor.) __ continuation sheets attached Form'B6 A (6-90) JuliusBlumberg.[nc. NYC10013 In re: Chambers, Lynn Katharine Debtor(s) Case Ne. (if knob SCIIEDULE A - REAL PROPERTY CURRENT MARKET H VALUE OF DEBTOR'S AMOUNT OF DESCRIPTION AND lOCATION OF PROPERTY NATURE OF DEBTOR'S W INTEREST IN PROPERTY WITHOUT DEDUCTING SECURED INTEREST IN PROPERTY J ANY SECURED CLAIM CLAIM C OR EXEMPTION 223 S. York Street H resides in J 18500.0£ 73000 Mechanicsburg, PA 17055 property valued at $110,000, Pursuan to Property Settlement Agreeme=t house is to be solf and proceeds divided equally. Late fee: assessed to former spouse are to be deducted from his share. Total-· $ 1 8 5 0 0 . 0 0 o! Schedules.) EXHIBIT C F0rm ~'6 P In re: Chambers, Lynn Katharine Julius Blumberg, Inc. NYC 10013 Debtor(si Case No. (if known SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS ] Check this box if de-~tor has ~1o creditufs holding secured claims ~o report off this Schebulo D. GO DATE CLAIM WAS iNCURRED, CREDITOR'S NAME AND i O H NATURE OF LIEN, AND C MAILING ADDRESS E W DESCRIPTION AND MARKET U WITHouTAMOUNTDEDUCTINGOF CLAIM UNSECUREDpoRTION J VALUE OF PROPERTY D VALUE OF COLLATERAL IF ANY INCLUDING ZiP CODE S C SUBJECT TO LIEN A/C# 20000000081060 01/00 5821. 00 0.00 Allfirst Bank Security Agreement P.O. Box 64679 1996 Mitsubishi Baltimore, MD Galant ES 21264 -4679 VALUE $ 5821. 00 A/C# 0800380396 I Y 09/98 Mortgage 73000.00 0.00 Homecoming Financial ~23 S. York St. 9275 Sky Park Court Mechanicsburg, PA 3rd Floor 17055 San Diego, CA 92123 VALUES 110000.0C VALUE $ VALUE $ A/C # VALUE $ -A/C # VALUE $ A/C # VALUE $ A/C # VALUE $ Subtotal -- $ 78821. O0 Total-> $ 78821. O0 IForm B6 H, (6-90) JuliusBumoerg, Inc. NYC10013 Chambers Lynn KaCharine Debtor(s) (i~ known SCHEDULE H - CODEBTORS ] Check this box i/de'~lor has no codeO~or $. NAME AND ADDRESS OF CODEBTOR Michael E. Chambers 223 S. York Street Meckanicsburg, PA 17055 NAME AND ADDRESS OF CREDITOR Homecoming Financial 9275 Sky Park Court, San Diego, CA 92123 3rd Floor EXHIBIT D LAWRENCE J. NEARY ATYORNEY AT LAW 108-112 WALNUT STREET HARRISBURG, PA 17101-1609 Telephone: (717) 238-4798 FAX: (717) 238-4793 File No,010068 October 8, 2001 Lynn K. Chambers 124 W. Portland Street #28 Mechanicsburg, PA 17055 RE: Bkr. No. 1-01-03152 Dear Lynn: I trust that you have received a copy of the Discharge Order dated September 27, 2001 signed by the Honorable Robert J. Woodside. This is an important paper and should be retained along with a copy of the Bankruptcy Petition and Schedules for future reference. Please note that the listed creditors are prohibited from attempting to collect any debt that was listed on your Schedules which has now been discharged. The discharge granted by the Bankruptcy Court does not apply to certain taxes and debts which have been reaffirmed. Should you have any questions regarding the effect of the Discharge Order or should you be in need of legal services in the future, please do not hesitate to contact me. Thank you for your cooperation during this proceeding. LJN/jlk Enclosure Very truly yours, Form DIS-70(Official Form 18) (~/~7) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In Re: CHAMBERS, LYNN KATHARINE 124 W PORTLAND STREET #28 MECHANICSBURG, PA 17055 So, al Security No(s).: Debtor:. 194.54-4541 Case Number:. 01-03152RJW-1 Chapter, 7 Debtor DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: September 27, 2001 HE COURT Chief United States Bankruptcy Judge SEE BACK SIDE OF THIS ORDER FOR IMPORTANT INFORMATION UNITED STATES BANKR~Y COURT MIDDLE DISTRICT OF PENNSYLVANIA CHAMBERS, LYNN KATHARINE CASE NO: 01-03152RJW-1 CHAPTER: 7 FINAL DECRF E The estate of the above named debtor(s) has been fully administered. IT IS ORDERED THAT: MARKIAN R. SLOBODIAN is dischaxged as trustee of the estate of the above named debtor(s) and the chapter 7 case of the above nor,ed debtor(s) is closed. DATI~D: October 2, 2001 BY THECOURT Chief United States Bankruptcy Judge BANKONE, NATIONAL ASSOCIATION f/k/a THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS and LYNN K. CHAMBERS a/lEa LYNN CHAMBERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7135 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, LYNN K. CHAMBERS AND NOW, comes the Plaintiff, BankOne, National Association f/lEa The First National Bank of Chicago, Trustee, through its Servicing Agent, Homecomings Financial NetwOrk, Inc. and by its attorneys, Purcell, Krug & Hailer, and files the following Reply to New Matter: The averments set forth in Paragraphs 1 through 11 of the Plaintiff's Complaint are incorporated hereid by reference. 12.-16. Denied. After reasonable investigation, the Plaintiff is without sufficient information or knowledge to respond to the factual averments of the Co-Defendant and therefore such averments are denied. 17. Admitted. 18. Admitted. 19. Admitted. In further response, although the Co-Defendant has been discharged from payment on the Note, she still must be identified as a Co-Defendant in the foreclosure action, due to her status as an original mortgagor and a co-owner of the subject premises. The foreclosure action is an in rem proceeding in which the Plaintiff is seeking possession of the property, not an in personam judgment against either Defendant. 20.-22. Denied. After reasonable investigation, the Plaintiff is without sufficient information or knowledge to respond to the factual averments and therefore same are denied. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant the relief requested in its Complaint. Respectfully submitted, Dated: ll Jill/l~l. Wineka, Esquire At~rney ID # 58802 Leon P. Hailer, Esqqire Attorney ID # 15700 PURCELL, KRUG &j HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff COMPANY: HOMECOMINGS FINANCIAL NETWORK, INC., Servicing Agent for BANKONE, NATIONAL ASSOCIATION f/Ida THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE VERIFICATION I verify that the statements made in the Plaintiff's Reply to New Matter of Defendant, Lynn K. Chambers are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. HOMECOMINGS FINANCIAL NE'rVVORK, INC., Servicing Agent for BANKONE, NATIONAL ASSOCIATION f/k/a THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE Title, Date: CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Hailer, do hereby certify that I served a true and correct copy of PlaintifFs Reply to New Matter upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Lynn K. Chambers a/k/a Lynn Chambers 124 West Portland Street Apartment 28 Mechanicsburg, PA 17055 Pro Se Defendant Michael E. Chambers 223 South York Street Mechanicsburg, PA 17055 Pro Se Defendant Dated: ~h ~/~ (fcl\homecomings\chambers\Reply to New Matter) ~arbara A. Shadel BANKONE, NATIONAL ASSOCIATION f/ida THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E CHAMBERS and LYNN K. CHAMBERS a/Ida LYNN CHAMBERS, Defendants Mimi Lev, being duly sworn, deposes and says: IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7135 CIVIL ACTION - LAW IN MORTGAGE FOREC AFFIDAVIT 1. That I am a Foreclosure Specialist of Homecoming Financial Network, Inc., Serv Association f/k/a The First National Bank of Chicago, Trustee, which has a business add Diego, California 92123, and I have personal knowledge of the facts hereafter set forth. 2. That in my capacity as a Foreclosure Specialist, I have the responsibility to reviE Homecomings Financial Network, Inc., Servicing Agent for BankOne, National Associatio Chicago, Trustee, with respect to its mortgagors, including the account of Michael E. Charr 3. That BankOne, National Association f/Ida The First National Bank of Chicago, holder of a Note dated September 25, 1998, executed by Michael E. Chambers and amount of $73,000.00. A true and correct copy of the Note is attached hereto. 4. That said Note is secured by a Mortgage executed by Michael E. Chambers and October 1, 1998 in Cumberland County Mortgage Book 1486, Page 931. Source One M the original mortgagee. The Mortgage was assigned to The First National Bank of Chica( was recorded on July 22, 1999 in Misc. Book 619, Page 1034. The First National Bank of; as BankOne, National Association. True and correct copies of the Mortgage and Assignm, 5. That the present owners of record of the property are Michael E. Chambers and a last known mailing address of 223 York Street, Mechanicsburg, Pennsylvania 1705~ Apartment 28, Mechanicsburg, Pennsylvania 17055. A true and correct copy of the CL 1998, recorded on October 1, 1998 in book 186, Page 485, showing both Defendants hereto. That said Note is now in default, the due date of the last installment being May 1, That the outstanding balance, exclusive of attorney's fees and costs, as of March Present principal balance $71,781.1 Inte. rest from 04/01/01 to 3/31/02 7,501. Escrow deficit 943J Late Charges 514.' Appraisal fee/BPO 100.1 Property inspection fees 77.! Trustee sale 250.1 $81,168.( Total to pay loan in full That interest accrues from the 1st day of April, 2002 at the rate of $19.84 per diem That the current monthly payment is $764.52. That legal fees incurred to date are $1,875.00. 9. That legal costs incurred to date are $361.20. .OSURE cing Agent for BankOne, National ess of 9275 Sky Park Court, San and am familiar with the files of f/Ida The First National Bank of bers and Lynn K. Chambers. Trustee is the current owner and ynn K. chambers, in the original .ynn K. Chambers as recorded on ~rtgage Services Corporation was o as Trustee and the Assignment ;hicago, as Trustee is now known ~nt are attached hereto. ynn K. chambers, who each have i and 124 West Portland Street, rrent Deed dated September 25, ~s the current owners is attached _~001. 31, 2002 is as follows: 12. That the amount necessary to reinstate the mortgage, exclusive of attorney's ;es and costs, as of March 31, 2002 is as follows: 5 Payments @ $792.05 - 5/1/01-9/]/01 1 Payment @ $872.17 - 10/~/~01 1 Payment @ $820.10 - 11/1/01 2 Payments @ $1,013.89 - 12/1/01-1/1/02 2 Payments @ $764.52 - 2/1/01-3/1/01 Late charges Appraisal fee/BPO Property inspection fees Trustee sale TOTAL TO REINSTATE $10~ 13. That by letters dated October 12, 2001, the Plaintiff sent by regular mail an Notices to the Defendants to the property subject to the Mortgage, i.e. 233 South York 17055, which was their last known address at the time the October 12, 2001 Notices, the Act 91 Notices are attached hereto. SWORN t~and subscribed before me this _[.~:c_~aay of ~'.~[ rh [ ,2002. I Notary Pub~'~ ~ (S~L) HOMECOMINGS FINANClA as Servicing Agent for BANK ASSOCIATION, f/k/a THE FI OF CHICAGO, TRUSTEE $ 960.25 872.17 820.10 2 027.78 1 529.04 514.77 100.00 77.50 250.00 151.61 J Certified Mail, copies of the Act 91 Street, Mechanicsburg, Pennsylvania, vere sent. True and correct copies of _ NETWORK, INC. ::)NE, NATIONAL ~ST NATIONAL BANK Foreclosure Speciali: Title (fd~homecomings\chambem~sjaff) BEST COPY ~nJUSTABLE RATE NOTE (Z,IBOR ~ Mmth l~bm (Ml~ubidad b ~o Wall Itne~,Toarud). llde Caps) · -.-~m~F,, N~T uNR lUNIANO TItE~UM RATE I MUSTPAy. ~ el~ IIIB~eAeE 8BWICB CORIMgUTION, J ~'LA#AR£ ~ORPORA'Tz~ P-mdt ormyinMd mmdl~fm/ma~ will blntho mnm~.S. S 884.75 w~h 8m&m 4 cd'thbl~4a. "~ '~u mu manlea amG~: m" mY monlhly psy~ 4. INTEREST RA'i'B AND Mor~m,Y P&YMEN'F CHA~O't~ ¢~)Cbnphtu ~lhm, T W in ~EST COPY myrn~R BEST COPY Itl donor lwo,~hofult amoutt~n~hmmfl~lm~m~oMhodtmlt b _,,~,~__,I u~ll b~indcflmt~ [andidl ~.----~, or dobnv. 10, WMVf~ BEST COPY One Se. trices BEST COPy PREPARED BY: HARYANN BARICH NHER R£CBRDEO H;TURN TO: SOURCE ONE RORTGAGE, SERYIDE$ COBPDRATID/~ 275§§ FARRtNGTON ROAD FAflHINGTON HILLS, RI 48334'3314 '98 OCT i P~l MORTGAGE 1'I.115 MORTOAGE ('Securi lAst.inmont') is given on SEPTEROU1 NICHAEL E CHAMBERS ANO LYNN K ~t~tAHDERS. HUSDANO kN0 WI.rE 25TR. 1068 ("Borrower"). This Security lnstmmcnt is given to SOURCE ONE HORTSAOE SERVICES CORPORATION w~ch Is organized and existing undct fl~c laws of DELAWARE ~v.~dte~s iS275§D FA~IN810N FARHINOTON HILLS. RI 48334-3314 SEVENTY-THREE THOUSANO ANO NO/lO0 Doll~ ~.S. $ 73. 000.00 ). OCTOBER I~T. 2026 · e~denc~ by ~ote, w[~ intent, ~d ~1 r~cw~s, cx~iop~ ~d m~ifi~fiop~ o~ ~c Rotc; pu~e. Do.wet d~ h~teby mo~gage, gt~t ~d convcy ~ ~der ~c following d~ · '/he mongagor is whJchhesLhcaddrcssof 223 S YORK ST. HECRANICSBURG Permsylv~n/a 17055-6303 ('P~y {~p ~e] eoo~ 14 SEE ATTACHEd LEGAL DESCRIPTION ~,e dato as Lhis Sccurity ~r, duc and payablc on =pa~ncnt of fl~c llebt (la) tho payment or MI y Instrumcnt; and (o) r ~he prin~ips~ sum or TOGETHER WI'IH all thg hnprovemcnb~ now or hereafter cr~cte~ on (he pro~y. appu~, ~d ~xm~ n¢~ or h~ & p~ of ~e p~y. AH ~l~cmcn~ an( ~ditions hy ~s ~u~ ~(mm~[. ~J of ~c fo~go~g is ~fe~ to J~s S~u~iy l~t~mcn ~ o "Pro; BORRO~ CO~NA~S &~ Bo~w~ Js [a~ully sci~ of thc ~o hereby conveyed morgue, g~t ~d convey Iht Pro~ ~d ~ ~n Pm~.y i~ ~m~, cxcep( for cncu~ Bo~owcr w~ ~d will ~cnd g~ly ~e title to ~e Pm~y ~8~nst ~1 claims and dcm~ ~IIS S~CU~ ~STkU~m~ n~ ~fo~ ~ven~ls for na onn ~ ~d limit~ ~ ~uH~efion to ~rimtc = ~f~ s~Hry i~mcnt ~ve~ng r~l p~y, O~lPO~ CO~NA~FS. ~wer ~d ~der covert ~d ag~ ~ ~. P~eni o~ncip*[ ~nd ~t; ~p~ent nnd 1,~ Ghu~es. Bo~wcr shaU thc pnnct~ of~d mte~ton ~e dcbt ~d~ by ~e Not~ ~d ~y prcpaym~t and ]~(c ~mtg~ d ~¥1d ~ym~ ~t gm,el ~ on ~e Pm~Ky, if ~y: (c) y~ly h~ or pro~tty i~r~c~ m ~n~, m ~m~oe wlU~ ~e pmvlslo~ of ~gmph 8, in li~ of tho paymem or mortgage ~l~um a~t a I~d~ fat a f~ly ~1~ moUpge 1~ may ~uito for Bo~wcr's " ' ')' ~ nPPli~ ~ ~e F~ sc~ a l~r ~ount, If ~, ~ndor may, at ~ pay ~c ~cmw Ite~. ~&~r ~y not e~ge Bo~wct fat holding and applying lhe F~, ~n~ ~ndc~d~t ~ ~o ~ mpo~ng s~ ce ~M by ~ndct In eonn~tion ~ this lo~ un ~ othe~i~, Unl~ ~ ag~m~t is ~e or app ~blc law ~ui~ intc~nt In hc paid, ~ndct shall nn ~ paid on ~c P~. ~det ~1 glw ~ Bo~wer, wi~oul c~se, ~ annu~ ~unting of thc Fun, ~d d~bi~ to ~e F~ ~d Oe pu~ fat w~ch ~h debit ~o ~ F~ w~n made. ~c Funds a~ such ~e Bo~wc~ sh~l ~y m ~dcr ~ ~ount n~ to ~e up ~he dc~ciency~ Bonmvcr ~ ,~.~aYm~in~ll°falls~u~byt~sS~adty~tmmcnL~ndcrshaUprompdyreFut run~ n~a ey ~aer. h~ ~c~r ~g~ 21, ~ndcr shall ~qni~ at sell ~c Pro~y Lender ~r or ~le of the Pro~, sh~l spply ~ny F~ held by ~ndct at ~e time o~ ~qulsidon or ~Ic ~ ~ ~c~d by ~s S~H~ ~ttam~t. 3. Appll~Uon of Paytaenta U~ appli~lc law pmvid~ othc~ ac a~l paymcn~ t~eiv~ P~g~p~ J ~d 2 ~1 ~ appli~: flint, ~o ~y p~aym~t charg~ duc uric er ~e No~; ~nd under p~gmph 2; ~i~. m in~t due; fou~, ~o principal du~; ~d 1~h m ~y i~e charg~ du~ un~cr 4. Chnr~l Liens. Bonow~ ~1 ~y ~[ ~, ~m~. chugs, fin~ ~d Pto~ which ~y ~n pdodty over ~ds S~udty l~m~t, ~d I~hold a m~m or Borrower ~h~l pay.~ obi g~ o~ ~ ~o m~et ptovid~ in .also.nh 2 ~' :r--, ~-~... g pay ~cm on hmo &~tly to'~o pe~n ow~ ~ym~t. Bonower sha)l promptly ~mJsh lo ~dcr Bo~r sh~l pmmp y d ~harge ~ Ilea which h~ priority over ~is S~u61v instalment ag~ in writing lo ~e ~yment of ~e obligation ~ut~ bv the li~ in. m.. - - g~ f~m the lira by, or def~ agent ~o~m~t of the lien in, leg~ ptoc~lings which in the ~t~ to, O~. th~ ~r~m~t of ~e lien; or (e) ~u~ from the holder of the i~ an a :ptly pay whe, due ! ("FtInrl~") for: :ro~lly; (h) y~rly cmium$; (d) y~rlv ~y~lc by mc wilh applicable apply Otc Funds to ally analyzing thc md applicable law robie law providt~s in Wliting, and, in shall make up requesting paymanL reason ~thue~u'umcll[' ~,orrowcr snail pay U~e pterruurna required to nminialn the mortgage ~r~ substantiallg equivalent to Lhe cost to Borrower ot the morlgage insura~¢~ proviously in mottgago insurer approved by Lender. Ir aubsLsntially equivalent mot gage insuran¢~ Borrower shall pay to Lendo- ~ch month a sum ~ual to one-twelfth of he yearly mortgage paid by Borrower when the ~nsur'.nce coverage lapsed or ccas~ 1o bc in =fl'eot, Lander will $. IIszarfl or Propert? ~[naurance Borrower shal keep thc improvcmenLs now c[istin Pmpc~y insured allalnst loan by rite, hazards included wilhln th~ ttrm "exltndad covets !ncl.,udm8 .floods or flooding,~?o.t which Lender requires insutsnce. This insurance shall bt rm mr me ,p~_ nods that Lea. der ttXlmtes. Thc insurance centcrpmviding thc in.suranc~ shall b~ sh l~d~er ~.ppto..vat w. hi=h sh?ll not b~. um'easonably w~thheld. Ir l~ormw=, t'~ils to mama. 7. net ay, a~ :.enatr's opUon, obuun coverage to prot~t Lender's tights in the ?top.ny in Lon~AII ,i _n.:T~en. ~ polfal~ &nd renewals shall b~ a~cepmblo ~o Lendtr and shall inalud¢ utr snail Imve th~ right to ho d ~'~ polio es and renewals, If L~:ndtr requires, Bonowet sh all te~tipts of paid ptemiotus and mntwal notices. In fl ~ event o1" 1o~, Borrower shall insure, e,e tamer and l.~d~t. Lendtr may make proof of |naa if not made p rom pdy by Borrow .... _u~m_c~'s ?cn?t and .B.o.r~. ,w~t oth~ ,tw~se agree, in. wilting, insurance p~s s~ b~apI u~ ~a r, topany on~on...iF.~, ti: u~e ras.tomlion nt mpmt ~s economically fcesibl~ and Lender's so Borrower abandons the Ptop~r~y, or does not answer within 30 days ~ notice from Loader th -- . _pc .r paysumaaccutexlbytlusS~untyb~tmment, whether or not then U~dess Lender sad noi~:swer othcn~ris~ a8rce in wriUns, any app cation o£ proec~.ds 'inet al sim tmclerpara&rapn21 U~ermlx,~yisacquitedbyLendet IFIotrowcr,srigbtloany nsur~icc I icsnnd rocc-r~L,~m~ · pa r th ~qulmhon shall pass to Lender o the extent o thc · L~as~.,holds, no.rmwet sh .~11 .~¢up.y, establish, and us~ the Property as ~orrow~r's principal t ~idcnc~ within sixly dap, azt.et, mt e. xesution or' IhJs ::le~unty Inalmman! and sh~ll continue to occupy the Prop~rb n.°l..b~unr.easo, nablywtthheld°tunlesscxtenualngcmumsancesuss whicha~ ...... .~._~L g', snail not oastmy, d~nsSe o~ ~mpeJt the ?roperty, allow thc Prop~!.y to deteriorate ot eom it w~t~ on th Borrower shall b~ in d~fault if any foff%itum ~t on or .mceedl-o ..,~.-"-*- -~--- ' ' . .~ -- .c lh'opcrt,y. good faith judgment cou d eau n fotfe tute of ~ -.~ -,,~?~ ~v. o.~ en .n~mjis ~cgun paragraph .I.~, by causing ',he action ot proceeding lo bc disn~sscd w h a talin I a in Lcl~d determination, pmelud~-s forfeiture of Ih~ Bo ........ ~ .......' .... g . cr's g¢~x fi itl, ~.t~ a.~, uu? oe~tlrlty u,.stt~ment ot ~..naet's se.~ufity n etesL Borrower stufll al-~ k.. _ .,_~_r~!. Lender w~th n~y material information) in cotmc~tlon wtth t rmntlon or stattmcnls to ~det (or fmlc¢l tn provide · holoan tvldcnted by the Note inc udi, h ' mP .t.t.t.t.t.t.t.t.m?-41~U,o,n.s. onneernlngEIor~owet'.~occupnneyofthe pronertyn.sa~tlncinnlte~h.: , . .... ..g, .~.,.7...__~Pr~.,?.?..io~ of ~en.d,;r, R~ghta tn the Properly. If Borrower fnil~to ~d'onnglht c ProPerty (such as a t)roceedjl,~ in hanLmme~ .,~h.* a. ~,,~-~, ,.s s?t m~.y S, ,gtuncanUy m~ ~t I.cndcr's nghl.s ~)~ea L~n~.e.r m,ay,~o a~,o pa? tot whatever Is n~ce~aary to proicct thc value of th~ Pro ri .... roperty. Lencicr s saunas may inc ude --~in ................ ., . ,[~ Y l.~nder ma~ +.t...~,: ..... .l_..'~.;_" a . L'~.*' "~, un[cys le~; anu e,llcnng on thc Properly ) make rc Itll~ Altho ~ ' · y arnounLs disbursed by Lender under ilga paragraph ? shall bc~omt additional dcbt of 3ortowc -ti i ' from tho doit of disbur~entent al the Nolo rate and shall bc payable, with interest, upon notice: rom I.x:ndcr to Borrower ~.vc ptomp, no,icc to Iht ]C~'Ill r, cc. rc4 by t,cc in cffcz~t. If, for any Bo~nwcr shall pay ~t thc .nption of Lendar~ ii' mc r~g~gc in~rencc coverage (i~ tho amount end For thc period th~L Le hy .an Lnsu tar appm .ved by Le n. dar again becomes available and s obtained. Borrower s mil pay mrna/am mo~gNie msurunce in effect, or ia provide a [os~ reserve until thc w. xiuircmcnt for mar accordance wdh ~ny written ~&i'eement between Borrower sad Lender or applicable law. · t Prior to an re.spec Ion spool fymg ~easotla.ble cause for thc n 10. Conde. mnntlon. 'l'b~ pmeeed.~ of any award or claim for cJamngc~, direct or conscquct nn~ eondomnailen at other laking at. any pate of thc Property, or for convcyanco in lieu of co ~ss~gnad and shall be paid to Lgndc~. .ga uue, vain ally excess paid to Borrowec. In thc event of ~ patiiai I ...... r__''; g,~ .rae,~__o_n_: I_l a ).m~ fo?..a~o.unt, or thc sums secu.~ed munccl alcly bcl'ore thc l~k~n~z di~;id~ ;~l~s~s ~a_°_fllhc~b~?a~wS oC~ :~nu~adi,at.c]y .b. efore the takJl]g, unicos Oor,owcr and Lender othcrw If the Property is abandoned by Borrower, or Il', after notice by Lender to Borrower. that th, Unica. l.,cndct and Bonowet otherwise agree in writing, any appHcatlon ne' procccd~ to princl postpone the due date of the ino~th]y l~.ymenLs tc£crtc, d to in paragraphs I anri 2 or change payments. modiflcaUon oi.*amotiizaUo~: at. the ........... · ...... ' ' ~ of the .... o~ a~curc~ ay cms ~eennty ~llsttulnent mated b ]ntezestozuortoworsnmlflo.opcmiotoraiea. setheHablllt.,_~,l.___.. , ~ § y Lclldc Lender shall .not b~. rcqui~f to ~omm~ncc proceedmgs against any successor i- ~ ch 13. Lorn1 Chnt~e?. If thc loan se~l.u~d by this $o:uh/y Insm ment ia $obje~ to a aw whicl~ atge~, arid that Jaw Is t'ulally arc,pretext ~o 0ug tho it~t0rcat or other [om~ ch/ii'gc~ collcctc~ conne.~tion with. U~c.los~. exceed the permitted lirnJa, then: (a) any ~ch oan chin ~ [ ......... · -m]uer may encase to malo~ fids tcfung by reducin partial propa.ymcnt without nfly prepayment ebro'ge under the Note. _ P , tit · a add ........ m or any other addrt~ L,cndar d i ' provided in ~his paragraph. · , 15. Goverelag Law; -t~everabliilT. This Security luattumant shall be ovemed JImadlct[on in which the Ptc~,4- I. I_.._~ . ~, _ g by i.~leral lit Notecontlletsw~ihapp c~blelaw suehennffictsh-, .... ~---.Y.,P .n.orclausc orthls SCcun ,w, hmh can. be. glv.en e. ffcct without the con.q mtmg pray sion. To this end the rovlxiora of th ,der rc,'lt]i~,9 provkled : prcmiurra required ~rn~y. ~llder :u~ hy this S~,ri~y ~Ls multiplic~l by thc by 09 Ibc fair ',b) is ,or ; delivering ii. or by 16. Borrower's Copy. B onoweriha]l be given one eo~ormed copy of thc Note and 17. Trtnafer of the Pro 2artyor a Be.~eflcl~l. lnbrul lu .Borrower, If all or any pa in it is sold or Renal'oriel (or :! a bcndldal m~n;al tn ~qormwcr ~a sold et tran.~ctred without Lender's prior writtox tun,ant. Lender may, it its opdon, require immcdiaJ0 pay by this Securily bts~'ume, m. ~(owevet. (his option shall not be cxerds~i by Lender t f oxcr ~ of tho data of ~is Se~uflty Instrument. If Lender examines thil option, L~nd~ shal! give F.~onower n.o. ticc o,f ~cclc?Qon. 7 of not Jena dam 30 d~ya from tho d~o tho hOllOa ts delivered or totaled wflhm wi,ch Bott by mis geouflty Instmmem. I r Bo~owor falls m pay Ihmc sums prior !o tho explnd, ion of ~ny remedlm permitted b~ IDd ~ 8eemity Insmmaenl without further n.ollca or.al.emend on B. la. Borrmeor*a Right Ia Reinstate. If Ban, ewer me. ets cert~m candmons, cnfotanment of this Security ]p. smJme~t dis~anlinuad al any tlmc prior to thc earlier of: applicable law may specify fir reir,~tatcment) b~fom mdc of thc Property ptJrstumt to an) ge. curity Imtmmcnt; or (bi carry of ajudgmant enforcing {his $~utity lnsttumcn L Those lays Lender all sums which th~n wauld be du~. under this $¢~udty h~.stromcnL and thc oe~ur~d; (bi cams any dele*St of any other cove. rants or agrr. enmnts; lc) pays all cxp~ Security ln.sttument, inaludihg, hut not liudlo:l to, ,~,~,,qabin attorneys' f~s; and Cd) reasonshly require to assure that the lies of this ge,~udty Inimunant, Lender's rights obligalion to pay tho sums i~eumt by this gegnrity I[~tm~ent shall continue und~ Borrower, this Security Instrument and the obligations ~c~ured h~mby shall remain full had oor. Ur~r.d. Dlowevor lids tight to mim4ate shall not apply in thc ?.~se of acceleration um in,~tmment} may b~ gold one of mare times without prior notice Ia Borrower. A (known as th= 'Loan Servicer") tha~ collcc~ montldy paymanL~ duc under th= Nolo and S=rvieer. Borrower will be given written nodc~ of ~1~ change in accordance with paragmI Tho notice will s~al¢ the nam= and ~ddze~ of lho now Loan Servicct and the addt c.~ to The nod cc will also conbdu gay other information requited by applicable law, l-lnza~oos $ubslaneel on at in the Pzopetty. Bonowet shall not do, not allow anyone Property th~ is in violation of ~y En'4tonmcnUd Law. The proceding hvo sentences aba. or storage on the Property of small quanLRic~ of Hazardous SubsL'mcm thai arc generally no rmal te~idonti~l uses mid to mainton~me of lbo Property. any govommc~l or regah,tory ~anoy at privnie pat!.y involving fl~¢ Property Rnvitonmeolal Law of whioh Borrower has actual knowledgg. If Bonowot learns, or is regulatory authority, that ~u~y removal or other term:di~ion of any Hazatdo~.~ Sub~, n~e~.~y, Borrower shall promptly takeall nc~e~...ry remedial acdo~ in aceotdanae waft A~ used in lids pamgtaph 20~ 'Hazatdot~ 8ubsL~cm' ate thoi~ subsla.qc~ dc~ned by ~:nvitonmer. t~ Law and the following subsbmces: gasoline, kotos~¢, other flammal toxin pesficidca m~d herbicides, volatile solvents, malctiols conLdning a~be4~tos materials. As use4t in [}da palngmph 20, '~vironmen~ Law' me4ms federal laws and h~ Properly is Iocate~l th~ mania ~o health, sa~oty or anvitonman~ prolection. NON-UN[FORM COVENANTS, Borrower m~d Lender F~rthet covenant and ~gre~ things: (n) the defnuR; (bi the action r~uh~d to cure the dehuRi Ce) whoa the that failure to cure the d,tflult I~ speod~ed rely te~uR in aeeelerelinn of th, e Instrument. foreclotlure b7 Judicial proeeedhig and aale of the Property. not cured as specified, Lender, ut its option, mn), require humedinte pa,'meat 1 this S~curlt3, Instrument without further demand nad may foreclose this Sec~ proceeding. Lender aha]l he entitled to collect sdl expenses Incurred in pursuing pnragrnph 2,1. including, but not llmlt~ to, attorneys* fees and coats of title eric by applleablelaw. 22. bl~. u~o. pa~,,~,t of all sums seem--..d by thin .5¢cudty Instrument, this Sc S~mity Ina/tomcat, but on :, f tho fee is paid to a third patty for sew c~ rendered and th~ under applicable law. Offs $~urity l~tmm0nt. of the Property or any nam in full of all .,am~s sc:urcd :is~ is prohibilod hy f~} law ~c notice ~hnlI I~rnvldc a I~'ri,,d ~is ~fi~. ~ndct mrmy inv(~kc cr shall Jmvc tl~o right tr~ huvc 5 days {or such other ~ri~l qg~. U~n mins~lcmcnt by ~uR In n ch~gc in ~c cnH~y kdlow.s: ~ault muse be cured; and ms ~u~ hy this ~ll of all sm]is ~cn~d mrlty IIIsl~lment by Judicial 2.3. Waivers. Bonow~% to tile extem permitted by appli~b o law wniv~ ~d ~l~s~ ~. Relns~m~nt P~:I~. Bo.o~r's time to ~o ptovid~ in p~gmph I thc co~c~t of bid~ ng ~ n shell.s ~1~ or o~ ~o pu~t to ~Js S~ty lnstmmen 2S. ~h~ Money Ma~lgge. ~ ~y of ~o de~t s~u~ by this S~ndty ~t~mcn ,o or m ..uon o. mo~l:age fo~lm~ .h~l ~ ~e .,e pay.hie ~mm ~me ~i suppl~t ~o ¢~ lad ag~m~ ~ ~is ~ty ~tmm~t = if ~e ~der(s) Were I~tmmmt. [Ot~k nppli~le Adj~mhle Rate Ricer ~ Condo~nium Rider G~ Pay~ Rider ~ Pla~ U~t Development Rider ~ Biw~k B~I~ Rider ~ Rme impmvemmt Rider V,A. Rider ~O~r(s) fs~ifyl (Seal) Ccrtlficnte nrResidence I '~ ~o~1 addmssoft~=wkhln-nmnedMorts.,a~eels ~ ¥.~ 5-~ ~- ,dohereby ¢ ~ aayof , ~ -b~,:'~:.. I C c/~. . ex.uteri tho ~rae for d~e ~osee h~m suosenoou to the within Instrument and acknowledged th. I ....... pu~ ~. contained. ' /" H~ES~lhereUmosetmyhnnd~do~ei~i,s~d ,~ . ' ,~ ~. ~:'," ~'~ ~eel~ ~mm~sonExp es~ 11 ~ any error or defects in imam laws providing fi~r Rider ,~me Rider ~ined ~ this Sccu.~ty __(Seal) ..... (Seal) (.~enl) :rtify that the correct 'ne, the undersigned ~fi~y provcn) to be First American Title Insurance Compm Commitm SCHEDULE C ;~on8 lands nov or [ate o , · Jeec :o a hub; :hence C ~Hisl L PA fids t No. 703578 of bead~ ,~.._i;? :> ' ADJUSTABLE RATE RIDER (LfJIOR 6; Mottth Inde~ (A~ l~u blfshed In The Wall Street Journal). Rate THIS ADJUSTJtBL£ RATE I~[DER is m~o Ig§8, an .d is incorpon~cl ~mo and sh~l] bc dcemc~ t T~t or S~unty D~ (~e 'S~H~v ~t ........ ' . . ~ '~,,~-~ I Ot ~c ~ ~c given by ~e und Bo~ower~ ~ ~ Bonowet s Adj ~le ~te Note (~= 'Note ') to c "~dcr') of ~= ~c ~ =d covering ~c ~o~y d~ ~E NOTE CONTAINS PROVIBIONG A~OWING FOR CHANG~8 IN INTEREST RATE ~D THE MOLLY PAYMENT, THE NO~ UMITS AMOU~HE BORROWER'~ I~RE~T RATE CAN CHANGE AT ANy ONE* AND THE M~IMUM RA~ ~E BORROWER MUST PAY. ~Ol~ON~ CO~N~S. ~ mddJdon to ~e ~ve~ and agr~mcn~ made ~t~t, ~wer ~ ~der fu~er cov~[ ~d 4. ~T RA1~ ~ MON~.~ p&~NT CE~G~S (A) Chnnge~f~ ~) Thelnd~ · ff ~e ~d=x is no I~gcr sveii~le, ~ H=~ l[older com~]e i~o~fon. ~e ~me HoJder will ~ive =e no[ice (C) Calculation oFChsnfes ~e~o~ ~ ~aa~= ~mo, ~ Mo== ~o/d~r wilt c~ cu/nt= ;~VE & 44/100T~Spe~cn~c point(s) ( I II1 1 11111111 11 PER arid ¸HE HE VIE ,~e~cmily ~ "Ch,,U~gc r the fi mt ~allcd (Itc ed upon 138 6/04 to the Cun'e~t Index. Tho Noto Hold~' will thtm mand thc` maul t of this addl tion to th one pemenU~ge point (0.125~). Subj~t to ~e lindis.-!~t~ in Scclion 4(D) below, thJ L~ my nc,w inteseat mtn until the rext Change Date. Tho Note, Holder will th~n dat~'mJnc, thc` amount of the monthly payment that repay the unpaid pttheipal tha~ I am expected m owe at ~he Change Date in full on raw Interest taro in subaUmttaliy equ~ paymeng. The te~dt of this calculation will be monthly payment. (D) t~imll~ on Interest Rate Changes Thc` interest tn. to, l ~ zequired to pay at ~e ilrst Change Date, will not be greater tl' ~n t I. g 5000 or Ices than 8. a:~000 %, Them~l'tet, my interest rotc will ncvcr bc loci :a.v.x I or dccr~cd any slnglc, Change Date by more than ONE patce~te~¢poin/(s)( 1,00000 %) from Ihe tare of ilfler~st [ i~ave been paying for p~:edlng SI x momhs. My intern.st rat~ will never be greater than la gS00rt %.* +Nor ];~.s than 8. eS000 ~. = ~'~r~'~ t e of Chc,nge~ My new interest rate will bec`oma effe~dvo on eaoh Chango Date. ! will p~y u'u_yl~., ymun~ cnanem a~ain. (~'~ Noliee of Charades ,- ~., ~.-----' ~.~u?- .-r c~[. ?ave c~am of any change. The notice will mcludcin brmatlon rcquir~xl ,~,. ;I?ANSFIBR OF i ~ PROPERTY OR A BENEFICI,Mb INTEREST IN BOPJ OWER u m fg,.rm Co.v~..t. 17..0 f the Se,:un~, Instrument is amended to teed as follows: ~ranstero~tnerroperiyornBene~Icallntertst nllorrower falloran ntt ffthcPro crt lntetestinitisanldortnutsfermd(orif~L, cnefics hems nEIormwcr ~-^.4^-,Y,p ~ , [~ yoriuly ..... Y y InstrumenL However. ~lis opUonshl Ii not be cxcr ci,~cd by ra-aye~ge~ti~exem~s[~t~h~b~edby~od~a~was~f~h~dat~fU~isSecuHty~nitrument Lender al ex¢?is~ .thin option fi: (a) Boo'ewer causes to bc aubm t cd to I~ndcr .r ..... :' .~. sh~,ll ~v_~uat. e Ulejnte.nde~. _,[~ete~. a.s i~a new loan were being made to the t ra~er"~,~ ~n'[tr~ any covenant et agreement th this Security Inet inmont is ~ccnahl~ in ~.~;~;,~. ~u ma~ o the extelR petlmtted, by apph cable law, Lander may c~atge a ~a.~onablo £ce a.s a oudition to l.cnd~r'~ rs°an~se~eo~bl~e~ ]o°l~n~er an~tlia , .L~. r al.so, may [~lmm the tran.~¢re~ to si~n an asan~l~tion .grccmcnl Note ~r~ 1. ,t.: ...... ~. .... ._mai °el.18~ate~ the Im?..fetee ,to keep all the promises and a erren s madc inlhe msim. ~ant onle~s L .eh. der mi .et:~s. Borrow, er in writing' ob1._ ............ ~o,c anu ,n~.f.'~ccm,y ace*'l'-/--t'a:'",'~-d~x-'~l,?~--~,~u.°.Ptiun?, trxtm.t~.nu?adt.atepaymcntin£ull,Mndcrshall i cDortowcrr,od,~c,ff ..... , ...... --: , ....... ,-:,.vu~',uanytCmcalcspe ticdb OlisSccurity PEELLE MANAGEMENT CORPORATION C.~P~ELL, CA 95009-1710 1-40e-a~-8868 SOURCE ONE HORTGAGE SERVICES CORPORAHON DOCUNENT CONTROL Paine] Number: 27555 FARH]HGTON ROAD FARNINGTON HILLS, HI 48334-3314 ASSIGNMENT OF MORTGAGE 27555 FARNINGTOH ROAD, FARNINGTON HILLS, NI 48334-3314 does h ~ll, ~ssign, tmnsfmr and convey unto ~ organized and existing undcr thc laws of (heroin who~addr~sis 27555 FARHINGTON ROAO. FARHINGTON HILLS, HI 48334-3314 a certain Mortgase dated GEPTENBER 25TH, 1698 , mada and executed by MICHAEL E Ci~MBER~ ~ LYFId K CN/~IBER~, I~J~e~N~ ~ WIFE whoseeddrc~sis 223 S YORK ST, HECUANICSgURG. PA 17055-6303 to and ln favor ot' SOURCE ONE NORTOAGE SERVICES CORPORATION following described property situated in Commonwealth of Pennsylvania: SEE ATTACHEG LEGAL PAGE I PAGES CUMBERLAND TREASURER THE FIRST NATIONAL BANK OF C~'IICAGO A,.R TRUSTEE such Mortgage having been given to ~ecure payment of SEVENTY-THREE THOUSAND AND NO/lO0 COLLARS ($ which Mortgag~ is of record in Book, Volume, or Liber No. ~.~, , ,t peg..o.(~. '~ I No. )of thc Official Resorc~ot~CUffBERLAt{O TREASURER Court/y, Commonwealth of Pcrmsylvania, together with the note(s) and obligations therein i the money due and to become due thereon with interest, and all rights accrued or to accru, Mortgage. TO HAVE AND TO HOLD the same unto As,~ignes, its successor and assigns, forever, su the terms and conditions of the above-described Mortgage. o,,____.,_,.,,,,---'°"' II il IllllllllllE! Ill !1 lllllalaal ~oo,~ 619 P~Ct L034 address is :rcby giant, :orpomtiun Assigns"), County~ ooo.oo ) under such icctonlyto IN WITNESSWHEREOF, ~e unde~ignedA~igncr h~ ex~uted~is A~igr on OCTOBER 5TH, IgOO XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX SOURCE ONE HORTBAGE SERVICE XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Seal: This Instrument Prepared By:KIH GRAY SOURCE ONE BORTGAGE SERVICES CORPORATIONbl. no.: 27555 FARNENGTON ROAD FARNINGTON HILLS, Nl 4B334-3314 Comnoneeelth/State of HlchIgsn County of Oakland On this the 5TH day of OCTOBER , 1998, before me, KIH L. BRAY , the undersigned officer,personally appeared J. PIOSZAK , who ecknow edged hlmse AUTHORIZED SIGNER of SOURCE ONE MORTGAGE SERVICES COB'ORATION, n and that he. as such AUTHOOtZEfl SIGNER be,nB authorlz executed the foregoing Instrument for the purposes therein contained, by Honing the corporation by himself as AUTHORIZED SIGNER In witness Mhereof I hereunto set ey hand end official seal, KIN L. GRAY f to be the :orporatlon. id so to do, mme of the 'First American Title Insurance Company Commitment No. SCHEDULE C 703578 Jsk~DEEDS~CHAMnERS.DED September 24. 1998 THIS DEED · Made tile day of- 1998, Tax Parcel No BETWEEN JAMES FRANK CHAMBERS, JR. and MARY husband and wife, Parties of the First Part,thereinafter designated as the Grant~ AND MICIIAEL E. CHAMBERS and LYNN K. CHAMBER5 wife, Parties of the Second Part, hereinafter designated as the Grantees. WITNESSETH, that tile Grantors for and in consideration of THOUSAND and 00/100 DOLLARS ($88,000,00), lawful money of the U~ America, to the Grantors in hand well and truly paid by the Grantees, at or before delivery of these presents, the receipt whereof is hereby acknowledged aud the therewith fully satisfied, do by these presents grant, bargain, sell and convey unt. forever. ALL THAT CERTAIN lot or piece of ground situate in Mechanicsb Cumberland County, Pennsylvania, bounded and described according to a surw December 18, 1972 by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the Easterly right-of-way line of South Yor wide) at a p.k. being the Northwest corner of Lot No. 20 and being measured Nort tile Easterly right-of-way line of said South York Street, 90.00 feet from tile cente Keller Street; thence extending from said BEGINNING point along said South Yod 20 degrees 40 minutes West 31.0 feet to a drill hole, a corner of lands now or Kost; thence extending along lands now or late of Kost, North 69 degrees no minu }-23-0567-141 UHAMBERS, rs, , Imsband aud HTY-EIGHT ired States of he sealing and irantors being the Grantees ~rg Borough, dated ;treet (60 feet twal'dly along line of West Street, North rte of Rae N. s East, 165.0 Jsk~DEEOS~CHAMBERS,DED Seplember 24, 1998 feet to a hub on the Westerly side of a 20 feet wide alley; tbence along said alley So~ 40 minutes East, 32.0 feet to a hub; thence extending along lands now or late and Carl L. Rynard South 69 degrees 20 minutes West 165.0 feet to tile aforementi~ palce of BEGINNING. BEING known and designated as House No. 223 South York Street. BEING the same premises granted and conveyed unto James Frank Char Mary I. Chambers, by Deed of Barry L. Heckard and Debbie K. Heckard, dated A and recorded August 4, 1993 in the Cumberland County Recorder of Deeds Offic Book L, Volume 36, Page 317. BEING a transfer from father and mother to son and daughter-in-law, exempt from Pennsylvania Realty Transfer Tax. LJNDER AND SUBJECT, nevertheless, to all other conditions and restricti if any. as they may appear. TOGETHER with all and singular the buildings, improvements, ways, w~ wa!ercours.es, rights, liberties, privileges, hereditaments and appurtenances to the sa o~7 m anywise appertaining; and the reversion and reversions, remainder and rema issues and profits thereof, and of every part and parcel thereof AND ALSO a the title, interest, use, possession, property, claim a~d demand whatsoever of t e Gra laxv and itl equity, of, in and to the premises herein described and every part and I: with the appurtenances. TO HAVE AND TO HOLD all and singular the pre described together with the hereditaments and appurtenances unto the Grante~ Grantees' proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth, the2 forever specially warrant and defend the lands and premises, hereditaments and ~ hereby conveyed, against tbe Grantors and all other persons lawfully claiming th claim the same or any part thereof, by, from or under it, them or any of them. -In all references herein to any parties, persons, entities or corporations, th particular gender or plural or singular number is intended to include the appropria number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to general reference, such designation is intended to and shall have the same effect as "heirs, executors administrators, personal or legal representatives, successors and ~ been inserted after each and every such designation. ttb 20 degree s bert Brubaker .ned point and tbers, Jr. and Jgust 2, 1993 ~inDeed is therefore ns o~ record, ,ods, waters, nc belonging estate, right, ~tors both in trcel thereof nises herein and to the do and will ~purtenances use of any e gender or f tbe words ssigns" had jSit~DEEDS~CHAMBER S.DED September 24, 1998 IN WITNESS WHEREOF,/lie Grantors have hereunto set their hands and year first above written. Signed, Sealed and Delivered in the presence of MES FIL~NK ~HAI~IhERS,~R. MARY I/CHAMBERS seals thc day THE UNDERSIGNED CERTIFIES THAT TItE RESIDENCE AND COMP ,ETE POST OFFICE ADDRESS OF THE GRANTEE IS: Street City State Zip Cod~' 487 Jsk~DEEDS\CHAMSERS.DEO September 24, 1998 COMMONWEALTIt OF PENNSYLVANIA ) : SS. COUNTY OF ~ ~L~r [~l~ ) REMEMBERED, that on the'" f"<::k. 3'~ day of....~0.{~-~c~a):~ , 1998, BE IT sabscriber personally appearai lames Frank Chambers, Jr. and Mary I. Chambers (or satisfactorily proven) to be tile person(s), whose name(s) are subscribed instrumeut and acknowledged that they executed the same for the purposes thereir IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. Jennifer S. Camp Hill My Commissior~ Recorded in the Office of the Recorder of Deeds, etc., in and for said Cou] Witness my Hand and Official Seal this /~- day of ~C..z~ , 1998. efore me the known to ]ne o the within contained. C.mberland y, in Book iiomecontings Pinancial October 12, 2001 0800380396 Lynn K Chambers 223 S York St Mechanicsburg, PA 170550000 Certified Mail Re: Property Address: 223 S York St Mechanicsbu, PA 170550000 Loan Numb~ A default exists under the above referenced Mortgage/Deed of Trust loan agrees cure the default is the payment of all sums due under the Moflgage/Deed of Trust date of this letter the total amount due is $ 5,2§7.S§. That sum includes the folio 6 payments totaling: $ 4,8: Late charges: $ 3~ Other fees and/or costs $ Unapplied Funds: The total amount due shown above is subject to fuflher /ncreases for additio~ charges, attorney fees, and/or other fees and cost which may become due, after obtain an update of the total amount due to cure this default, contact us at 1.800.2! TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER IN THE AMOUNT OF $ 5,2fl?.$§ BY NOWluber 11. 21101 TO THE I i-T. omecomhl~s Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR 0¥ Dunl~ Avenue, Suite 100 Phoenix, AZ S5021-2803. If the default is not cured within thi~y (30) days of the m~iling oft.bis letter, the le~ or demand, will accelerate the maturity date of the Note and declare all sums secu of Trus~ to be immediately due and payable. The lender then intends to have the foreclosure sale. After acceleration, a curing of the default and reinstatement of th, to the time of the sale by paying the past due monthly payments and other Mortgage/Deed of Trust loan agreement and by complying with all tams of reinsc' You have the fig~ to brfiag a court action to assert the nonexistence of a default exist to prevent accele~'ation and sale of the property. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USE Loan Counseling Department Homecomings Financial 271 I North Haskell Avenue Suite 900 800.206.290 ! Homecomings.corn Dallas, Texas 75204 Return Receipt Requested 0800380396 at. The action required to oan agreement. As of the ~-ing: ;2.42 0.95 4.49 N/A d monthly l~yments, hte he date of this letter. To 16.2901. , OR CERTIFIED CHECK 'OLLOWING ADDRESS: ERNIGHT TO: 2445 W. der, without further notice red by the Mortgage/Deed property sold at a public ~ loan will be permitted up urns then due under the intent. cay other defense that may · TEDNESS REFERRED FOR THAT PURPOSE. HLH ACT 91 NOTICEI TAKE ACTION TO SA E YOUR HOME FROM FORECILOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INE EBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED t; OR THAT PURPOSE. This is an official notice that the mortcage on your home is in default, and te lender intends to foreclose. Specific information about the nature of the default is provided in the attached pa~ ~. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proD-~n works. To see if HEMAP can help, you must MF¢T WITH A CONSUMER CREDIT COl ~gSELING AGENCY WITHIN 30 DAYS OF TH DATE OF THIS NOTICE. T~:e this notice with you when 'Gu meet with the CounselinS Asenc¥. The name, address and phone number of Consumer Credit Counsel, S Asencies s~ tying your County are listed at the end of this Notice. If you have any ques[ions, you may call the Pennsylv-m~a H )using Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains imporlant lecal information. If you have any questions, Credit Counse_ling Agency may be able to help explain it. You may also want to The local bar association may be able to help you find a iav~'er. LA NOTIFICACION EN AD3UNTO ES DE SUMA IMPORTANCIA, PUES CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIE OBTENGA UNA TRADUCCION IMMEDIAT~TE LLAMANDA ESTA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMER. O MENCIONA[ ELEGIBLE PARA UN PRESTAMO PeR EL PROGRAMA LLAMADO "He MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU DERECHO A REDIMIR SU HIPOTECA Date: October 12, 2001 TO: Lynn K Chambers 223 S York St Mechanicsburg, PA 170550000 Prerrdses: 223 S York St Mechanicsbu, PA 170550000 Re: LoenNumber: 0800380396 FROM: Homecomings Firmncial r~ Jresentatives at the Consumer c~ ~tact an attorney in your area. AFECTA SU DERECHO A O DE ESTA NOTIFICACION eGENCIA (PENNSYLVANIA O ARRIBA. PUEDES SER MEOWNF_~' S EMERGENCY ISA DE LA PERDIDA DEL HOM]!iOWlfERS' EM;ERGEIq'CY MORTGAGE ASSIST YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN FORECLOSURE AND I-I]~PYOU MAKE FUTURE MORTGA, IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S ASSITANCE ACT OF 1953 (THE "ACT"), YOU MAY BE ELIGIBLE FOI~ 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 ESTABLISHFD BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. II:IVlPORARY STAY OF FORECLOSURE__ -- Under the Act, you are entitled to on your mortgage for tl~y (30) days from the date of this Not/ce. During that t/~ a "face-to-face" meeting with one of the consumer credit counseling agencies THIS MI;I;TING MU.ST OCCUR WITHIN THE NEXT 30 DAYS. IF F_NIERGENCY MORTGAGE ASSISTANCE, YOU IvlUST BRING YOUR MOR PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF BRING YOUR MORTGAGE UP TO DATE CONSI_I~m~ CRFIIIT COUNSELING AGt!I~ICIES - If you meet with one of t agencies listed at the end of this notice, the lender may NOT take action against y~ date of this meeting. The names, addresses and telephone numbers of desi~nat agencies for the county in which the property is located are set forth at thc necessary to schedule one face-to-face meeting. Advise your lender immediately oJ APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in defaul in this Notice (see following pages for specific information about the nature of ye and are __unab, le to resolve this problem with the lender, you have the right to apply Homeowner s Emergency Mortgage Assistance Program. To do so, you must fiI Homeowner's Emergency Assistance Program Application with one of the designal agencies listed at the end of this Notice. Only consumer credit counseling age~ program and they will assist you in submitting a complete application to the Agency. Your application MUST be filed or postmarked within thirty (30) days of LFNDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANC HomeComings Financial Network 9275 Sky Park Court San Diego, CA 92123 Attn: Loss Mitigation Department, Steven Roark Phone: 1-888-810-4d87, ext. 5130 NCE PRO GRA1VI :AVE YOUR HOME FROM E PAYMEI~S EMERGENCY MORTGAGE EMERGENCY MORTGAGE temporary stay of foreclosure e, you must arrange and attend ;ted at the end of this Notice. OU DO NOT APPLY FOR 'GAGE UP TO DATE. THE kULT", EXPLAINS HOW TO le consumer credit counseling for thLrty (30) days aRer the consumer credit counseli~E ;d of ibis Notice. It is only your intentions. for the reasons set forth later ur default.) If you have tried ¢ financial assistance from the out, sign and file a completed ed consumer credit counseling ties have applications for the ~ennsylvania HoUSing Finance ~our face-to-face meeting AI. ASSISTAN~' ALL CORRESPONDI~CE REGARDING PI-IFA ASSISTANCE SHOULD ABOVE ~CED ADDRESS. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO I FOLLOW THE OTHI~ TIME PI~IODS SET FORTH IN THIS L~t t~t, FOI~ AGAINST YOUR HOME IMMEDIAteLY AND YOUR APPLICATION WILL BE DENIED. AG~CY ACTION -- Aw~lable fund for emergency tuG.sage assi~ce · sb~sed by ~e Ag~cy ~d~ ~e ~b~ty c~t~ es~b~shed by ~e Act. A8~cy ~s s~y (60) ~ys to ~e a decision a~ procee~s ~ be p~ed a~st you if you ~ve m~ no~fied ~ecSy by ~e P~syl~ Hous~ F~ce ~cy of its decision on yo~ NOT~: IF YOU AR]/ C~Y PROTECi~JJ BY ~ FILl BANKRUPTCY, ~ FOLLOWING PART OF THIS NOTICE IS FOR ONLY AND SHOULD NOT BE CONSTRUI/D AS AN At uz~,t TO COLI (If you have Fried bankruptcy you can still apply far E Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT {Brin NATURE OF THE DEFAULT - The MORTGAGE debt hdd by the above lmder o 223 S York St, Mechanicsbu, PA 170550000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYIvlENTS for months and the following amounts are now past due: Monthly paym~mts fram 05/01/01 to 10/01/01 totaling: Late Charges: Other fees and/or costs (including NSF charges and property inspections): LESS: Un. applied Funds: TOTAL HOW TO C~ ~THE_ DEFAULT- You may cure the default wih~a THIRTY i Notice BY PAYING TH]/TOTAL AMOUNT DUE TO TH]/LENgH~, WHICH MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DUR PERIOD. PaFments must be made e/ther by cash, cashier's check, cer~/fied check and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062- TO: 2445 W. Dunlap Avenue, Suite 100 Phoenix, AZ S5021-2805. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within ] of this Notice, the lender intends te e=ercise i~ right to accelerate the mort~ [~E FORWARDED TO TH~ ~O SO OR IF YOU DO NOT ECLOSURE MAY PROC~'~n MORTGAGE ASSISTANCE very kmit~. They will be Pennsylvania Housing Finance ,uring that time, no foreclosure set forth above. You will be ~ application. NG OF A PETITION IN INFORMATION PURPOSES ,ECT THE DEBT. ~ it up to date). your propa'ty located at: ~he following $ 4,832.42 $ 320.95 $ 54.49 $ 5,207.86 30) DAYS of the date of IS $ 5,207.S6, PLUS ANY lNG THE THIRTY (30) DAY or money order made payable ~426 OR OVERNIGHT HIRTY (30)DAYS of the date ~ d~bt. This means tl~t the retire outstanding balance of this debt will be considered due immediately and you ~ mortgage in monthly installments. If fall payment of the total amount past due is DAYS, the lender also intends to instruct its attorney to start legal action to prop~ty. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will the mortgage debt. If the lender refers your case to its attorney, but you cure thJ begins legal proceedings against you, you will still be required to pay the reaso~ actually incurred, up to $50.00. However, if legal proceedings are started agains! reasonable attorney's fees actually incurred by the lender, even if they exceed $50.[ added to the amount you owe the lender, which may also include other reasonable within the THIRTY (30) DAY peri~d~ .you will not be required te pay attorney OTHER LENDER ~IES - The lender may also sue you personally for the ~ other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO ShI~.IFF'S SALE - If you ha~ the THIRTY (30) DAY period and foreclosure proceedings have begun, you still ha and prevent the sale at any time up to one hour before the Sheriff's Sale. You amount then past due, plus any late or other charges then due, reasonable attom, with the foreclosure sale and any other costs connected with the Sheriff's Sale lender and by performing any other requiremmts under the mortgage. Curh~ ym forth in this Notice will restere your mor~g~e to the same position as ffyuu] EARLIEST POSSIBLE SIt]R~.IFF' S SALE DATE - It is estimated that the earliesl of the mortgaged property could be held would be approximately six (6) months A notice of the actual date of the Shaiff's Sale will be sent to you before the sale. to cure the default will increase the longer you wait. You may find out at any payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 I~I'I~CT O__F THE SI-II~(IFF'S SALE - You should realize that a Sheriff's Sale ~ mortgaged property and your right to occupy it. If you continue to live in the prol hwsuit to remove you and your furnishings and other belongings could be started b' AssuMPTION OF MORTGAGE - You may be able to sell or transfer your home will assume the mortgage debt, provided that all the outstanding payments, charges are pa/d prior to or at the sale and that the other requ/rements of the mortgage are sa YOU MAY ALSO HAVE THE RIGHT: my lose the chance to pay the aot made within THIRTY (30) reclose upon your mortgaged sold by the Sheriff to pay off delinquency before the lender ~ble attorney's fees that w~re you, you will have to pay all 0. Any attorney's fees will be osts. If.y~u cure the default lees. repaid principal balance and all e not cured the default within ze the right to cure the default nay do so by paying the tots! ~"s fees and costs connected as specified in writi.g by the default in the mam~r set ~l never defaulted. date that such a Sheriff's Sale i'om the date of this Notke. Of course, thc amount needed me exactly what the required ill end your ownership of the erty after the Shadff' s Sale, a ' the lmder at any t/me. to a buyer or transferee who and attorney's fees and costs ~isfied. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE Iv TO BORROW MONEY FROM ANOTHER LENDING INSTITUTIOF DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ~ PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED LINDE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAV~ BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Loan Counseling D~ent Enclosure(s) List of Counseling Agencies ORTGAGE DEBT OR TO PAY OFF THIS IN YOUR BEHALF. AS IF NO DEFAULT DO NOT HAVE THIS IN ANY CALENDAR NY FORECLOSURE THE MORTGAGE TO SUCH ACTION Adams Cotm~ I-lousing Authori~. 13~-143 Carlisb SL Gettysbur$. PA 17325 (717)$~-!$18 FAX (717) 234-8326 CCCS o£ W~ ho. 2000 Linglestown Road ]'hrrisbu~ PA 17102 YWCA of Cadialc 301 O SU~et Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 R~ion 1514 Dcrr (7 ] 7) 2324 FAX (7 f 7) Financial C~ Franklin 3 i W~t 3: '{I Waynesbor~ (717) 762-3: Street PA 1710~ q$7 2:~-2227 mn.~ling Services of Strut · PA 17268 ~85 Hontecomings l inancial October 12, 2001 0800380396 Michad E Chambers 223 S York St Mechanicsburg, PA 170550000 Cerlified ~ Re: Property Address: 223 S York St Mechardcsbu, PA 170550000 Loan Numb~ A default exists u~der the above referenced Mortgage/Deed of Trust loan agreeme cure the default is the payment of ali sums due under the Mortgage/Deed of Trust date of this letter the total amount duels $ 5,2§7.8§. That summcludes the folio' 6 pa~n~ents totaling: $ 4,8: Late charges: $ 3: Other fees and/or costs $ Uaapplied Funds: The total amount due shown above is subject to further increases for additio~ charges, attorney fees, and/or other fees and cost which may become due, obtain an update of the total amount due to cure this default, contact us at TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER IN THE AMOUNT OF $ 5,207.g§ BY November n, 2001 TO THE t Homeenra~cs F'maacial, P.O. Box ?$42§ Phoe~, AZ $$§§2-$42§ OR. OV Dunl~ Avenue, Suite 100 Phoenix, AZ S50~1-2S03. If the default is not cured within thirty (30) days of the r~,(ling of this letter, the len or demand, will accelerate the maturity date of the Note and declare all sums secu of Trust to be mediately due and payable. The lender then intends to have the foreclosure sale. Alter acceleration, a curing of the default and re/nstatement of th( to the time of the sale by paying the past due monthly payments and other Mortgage/Deed of Trust loan agreement and by complying with all terms of reinstat You have the right to bring a court action to assert the nonexistence of a default or ~ exist to prevent acceleration and sale of the property. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE IND TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USE Sincerely, Loan Counseling Department Homecomings Financial 271 I North HaskeilAvenue Suite 900 800.206.2901 Homecomings.corn Dallas, Texas 75294 Return Receipt Requested 0800380396 .tr. The action requ~-ed to oan agreemenL As of the ring: 2.42 0.95 4.49 N/A /[ monthly payments, late he date of this letter. To 6.2901. OR CERTIFIED CHECK OLLOWIlqG ADDRESS: · 3~aNIGHT TO: 2445 W. ier, without f'u~Lher notice Fed by the Mortgage/Deed prope~'ty sold at a public ~ loan ~ be permitted up urns then due under the ny other defense that may ~BTEDNESS REFERRED ) FOR THAT PURPOSE. HLH ACT 91 NOTICE TAKE ACTION TO SAVE YOUR __ HOME FROM FORECLOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEIvlPT TO COLLECT THE HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED This is an official notice ~t the mortRaRe on your home is in default, and Specific information about the nature of the default is provided in the attached page The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may home. This Notice explains how the proF~am works. To see if ~ can help, you must MEET WITH A CONSLrMF_R CREDIT CO' 30 DAYS OF TH DATE OF THIS NOTICE. Take ibis notice with you whe~ Agenc¥. The name, address and phone number of Consume~ Credit Counseling Agencies the end of hP~is Notice. If you have onV questions, you may call the Pennsvlvania H at 1-800-342-2397. (Persons with mapaired he,dhg can call (717) 780-1869). This Notice contains important legal information. If you have any questions, Credit Counseling Agency may be able to help explain it. You may also want to The local bar association may be able to help you fred a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENID OBTENGA DNA TRADUCCION IMIvIF_.DIATAME~TE LLAMANDA ESTA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO 1VIENCIONAI~ ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HO MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAt,VAR SU C~ DERECH0 A REDIMIR SU HIPOTECA. Date: Octobe~ 12, 2001 TO: Michael E Chambers 223 S York St Mechanicsburg, PA 170550000 Premises: 223 S York St Mechanicsbu, PA 170550000 Re: Loon Number: 0800380396 FROM: Homecomings Financial EBTEDNESS REF~ TO OR THAT PURPOSE. te lender int~ds to foreclose. be able ~o help to save NSELING AGENCY WITHIN you meet with the CounseJin~ tying your County are hsted at, )using Finance Agency toll free re presentatives at the Constmaer cc ntact an attorney in your area. AFECTA SU DERECHO A 0 DE ESTA NOTIFICACION kGENCIA (PENNSYLVANIA 0 ARRIBA. PUEDES SER .¥1EO~,.~mR' S EMERGENCY ,SA DE LA PERDIDA DEL HOiVI~OWiNERS' Ei~ERGENC¥ MORTGAGE ASSISTS. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN ~ FORECLOSURE AND H~ J:¥OU MAEE FUTURE MORTGA( IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE F.J.,IGIBLE FOI~ 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 REQUIRF_IVlKNTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURI~_ -- Under the Act, you are ratified to on your mortgage for thirty (30) days from the date of this Notice. Durmg that tin a "face-to-face" meeting with one of the consumer credit counseling agencies THIS IVY"TING MUST OCCUR. WITHIN THE NEXT 30 DAYS. IF EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MOR' PART OF THIS NOTICE CAI.IFD "HOW TO CURE YOUR MORTGAGE DEF BRING YOUR MORTGAGE UP TO DATE· CONSUI,,m,'~ CR~':nlT COUNSELING AGENCIES - If you meet with one of agencies 1/steal at the en~ of thi'---~ ~ ~e lender-"-----~y NOT take action against yc date of this meeting. The names, addresses and telephone numbers of designat agencies for the county in wb. ich the property is located are set forih at the necessary to schedule one face-to-face meeting. Advise your lmder immediately APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in defaul in tl~s Notice (see following pages for specific information about the nature of y~ and are unable to resolve this problem with the lender, you have the right to apply f Homeowner's Emergency Mortgage Assistance Program. To do so, you must fil Homeowner's Emergency Assistance Program Application with one of the designal agencies listed at the end of this Notice. Only consumer credit counseling age~ progr-~,n and they will assist you in subrritting a complete application to the Agency. Your application MUST be filed or postmarked within thi~y (30) days of LI!I~DER CONTACT IN REGARDS TO PEI~ISYLVANIA HOUSING FINANC HomeComings Financial Network 9275 Sky Park Court San Diego, CA 92123 Attn: Loss Mitigation Depar~mt, Steven Roark Phone: 1-888-810-4687, et4. 5130 NCE PROGRA1V[ :AVE YOUR HOME FROM E PAYMENTS EMERGENCY MORTGAGE EMERGENCY MORTGAGE t~mporary stay of foreclosure e, you must arrange and attend ~ted at the end of this Notice. OU DO NOT APPLY FOR 'GAGE UP TO DATE. THF, %ULT", EXPLAINS HOW TO he consumer credit counseling u for thirty (30) days aiter the ~'d consumer credit couns.lin~ ad of this Notice. It is o~ly your intenlions. · for the reasons set forth later ur default.) If you have tried ~r financial assistance from the out, sign and file a completed ed consumer credit counseling ~cies have applications for the ~ermsylvania Housing Finance ,our face-to-face meeting AL ASSISTANCF ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDH) TO IHE ABOVE ~CED ADDRESS. YOU MUST_ FILE YOUR APPLICATION PROMFrLY. IF YOU FAIL TO ] )O SO OR IF YOU DO NOT FOLLOW THE OTHI~ TIME Pl~IODS SE[ FORTH IN THIS LEi 1 ~g., FO/.ECLOSURE MAY PROC~m ~ AGAINST YOUR HOME IMM~DIAiEuY AND YOUR APPLICATION FOl~ MORTGAGE ASSISTANCE WILL BE DEism. AGENCY ACTION -- A~aihble funds for emergency m..or[gage assistance a~e very l/mite~ They v~ be disbursed by the Agency unde~ the eligibility cntaua established by the Act. Th~ Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. I mrmg that Iime, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on yo NOTE; IF YOU ARE C~Y PROTECI~ BY ~IE FILl BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR ONLY AND SHOULD NOT BE CONSTRU~ AS AN Al I~iPT TO COL] (If you have ~ed bankruptcy you. can still apply for Assi~tame.) HOW TO CUI~ YOUR MORT~A~F, DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender 223 S York St, Mechanicsbu, PA 170550000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for months and the following amounts are now past due: Monthly payments from 05101/01 to 10/01f01 totaling: Late Charges: Other fees and/or costs (including NSF charges and proper~y inspections): LESS: Unapplied Funds: TOTAL HOW TO CURE THE DEFAULT - You may cure the default wflhm THIRTY ( Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LIS'iI)I~R, WHICH MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DUR PERIOD. Payments must be made either by cash, cashier' s ~h-ck, ce~Jfi~ chec and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062 TO: 2445 W. Dunlap Avenue, Suite 100 Phoenix, AZ 85021-2803. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within of this Notice, the lender intend~ m e~rcise it~ right ia ~celem~e the mnr~ application. NG OF A PETITION IN INFORMATION PURPO~E~ ,ECT THE DEBT. g it up to d~te). your properly located at: zhe following $ 4,832.42 $ 320.95 $ 54.49 N/A $ 5,207.86 30) DAYS of the date of Lhis IS $ 5,207.S§, PLUS ANY i',IG TH~ THIRTY (30) DAY or money orde~ t426 OR OVERNIGHT HIRTY (30)DAYS of the date debt. This means that the en~e outstanding bah~nce of this debt will be considered due immediately and you ~ mortgage in monthly installments. If full payment of the total amount past due is DAYS, the lmder also intends to instruct its attorney to stax1 legal action to property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will the mortgage debt. If the lender refers your case to its attorney, but you cure t begins legal proceedings against you, you v-ill still be required to pay the reaso~ actually incurred, up to $50.00. However, if legal proceedings are started againsl reasonable attorney's fees actually incurred by the lender, even if they axceed $50.[ added to the amount you owe the lmder, which may also include other reasonable within the THIRTY (3§) DAY peri~d, ,you will not be required to pay atterne.¥ OTHER LIRCDER ~IES - The lender may also sue you personally for the other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If yon ha, the THIRTY (30) DAY p~iod and foreclosure proceedings have begun, you still ha and prevent the sale at any time up to one hour before the Sheriffs Sale. You amount then past due, plus any late or other charges then due, reasonable attom with the foreclosure sale and any other costs connected with the Sheriff's Sale lender and by performing any other requirements under the mortgage. Curing yo: forth in this Notice will restore your mortgage te the same position as ff you i EARLIEST POSSIBLE SHI~RIFF' S SALE DATE - It is estimated that the earlies of the mortgaged property could be held would be appre~lraately six (§) months A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. to cure the default will increase the longer you wait. You may find out at any paymmt or action will be by contacting the lmder. HOW TO COWI'ACT THE LieDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Deparh'nmt Phone: 1.800.206.2901 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale mortgaged property and your right to occupy it. If you continue to live in the pro lawsuit to remove you and your furnishings and other belongings could be started ASSUMPiiON OF MORTGAGE- You may be able to sell or transfer your horn will assume the mortgage debt, provided that all the outstanding payments, charge~ are paid prior to or at the sale and that the other requirements of the mortgage are YOU MAY ALSO HAVE THE RIGHT: nay lose the chance to pay the not made within THIRTY (30) reclose upon your mortgaged sold by the Sheriff to pay off delmqumcy before the lender ~ble attomey's fees that were you, you will have to pay all 0. Any attorney's fees will be osts. lfyoucure the default 's fees. repaid principal balance and all ,e not cured the default within ye the fight to cure the default my do so by paying the total ~'s fees and costs connected as specified in writing by the default in the manner set xad newr defaulted. . date that such a Sheriff s Sale [~om the date of this Notice. Of course, the amount needed ime ~actly what the required till end your ownership of the ~e~y after the Sheriff's Sale, a , the lender at any time. to a buyer or transferee who and attomey's fees and costs ~isfied. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE 1~ TO BORROW MONEY FROM ANOTHER LENDING INSTITUTIOI~ DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES '/EAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN PROC~"~r~ING OR ANY OTHER LAWSUIT INSTITUTED UND] DOCUlvlF_NTS. TO ASSE~T ANY OTHER DEFENSE YOU BELIEVE YOU MAY BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Loan Counseling Department Enclosure(s) List of Counseling Agencies '.0RTGAGE DEBT OR TO PAY OFF THIS YOUR BEHALF. AS IF NO DEFAULT DO NOT HAVE THIS IN ANY CALFNDAR NY FORECLOSURE THE MORTGAGE TO SUCH ACTION Adams Coun~ Housin$ 139-143 Carlisle SL Ge~'ysburg. PA 17325 (717)334-1518 FAX (7]7) 3348326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 2d3-3518 FAX (717) 73 !-9589 Co,, ...... Action'Con=n of~h, C~mi Reg/on 1514 D~ Seeet (717) 232-~ 1757 FAX (717 Financial Franklin 31 West 3r¢ Waynesbot~ (717) 762-3 234-2227 mnseling Services of Strut ,. PA 17268 !85 Homecomings Pinancial October 12, 2001 0800380396 L~un K Chambers 223 S York St Mechardcsbu, PA 170550000 Certified Mai Re: Property Address: 223 S York St Mechanicsbu, PA 170550000 Loan Numb ea A default exists under the above refermced Mor~gage~eed of Trast loan agreeme cure the default is the payment of all sums due under the Mortgage/Deed of Tr~st date o f W~s letter the total amount due is $ $,207.$6. That sum includes the folio 6 payments totaling: $ 4,81 Late charges: $ 3~ Other fees and/or costs $ Unapplied Funds: The total amount due shown above is subject to further increases for additim charges, attorney fees, and/or other fees and cost which may become due, afLer obtain an update of the total amount due to cure this default, contact us at 1Jt00,2~ TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER IN THE AMOUiqT OF $ $,207.~6 BY November 11, 2001 TO THE ] Homecomin~ Financial, P.O. Box 7~426 Phoenix, AZ g5062-~426 OR. O¥ Dm'dap Avenue, Suite 1go Phoenix, AZ 85021-2S03. If the default is not cured within thirty (30) days of the m~iling of this letter, the le~ or demand, will accelerate the maturity date of the Note and declare all sums sec~ of Tnist to be mediately due and payable. The lender then intends to have th~ foreclosure sale. Alter acceleration, a cum~ of the default and reinstatement of th to the time of the sale by paying the past due montlty payments and other Mortgage/Deed of Tnlst loan agreement and by complying with all tc~ms of ranstal You have the fight to bring a cou~ action to assert the nonexistence of a default or: e~st to prevent acceleration and sale of the property. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE IND TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE US Loan Counseling Department Homecomings Financial 2711 North Haskell Avenue Suite 900 800.206.2901 Homecomings.corn Dallas, Texas 75204 Return ReceLot Requested 0800380396 at. The action required to oan agreement. As of the ~ing: :2.42 0.95 4.49 N/A ~1 monthly paymerd, s, late he date of this letter. To ~6.2P01. , OR CERTIFIED CHECK '0LLOWING ADDRESS: ~.NIGHT TO: 2445 W. der, without further notice red by the Mortgage/Deed property sold at a public .~ loan will be pa-i~,~tted up :urns then due under the my other defense that may ~TEDNESS REFERRED FOR THAT PURPOSE. HLH ACT 91 NOTICE TAKE ACTION TO SA E YOUR HOME FROM FORECIbOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INE HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED This is an official notice that the mortgage on your home is in default, and Specific information about the nature of the default is provided in the attached page The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mat home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT CO: 30 DAYS OF TH DATE OF THIS NOTICE. Take this notice with you when Agency. The name, address and phone number of Consumer Credit Counseling Agencies se the end oftl~s Notice. If you have any questions, you may call the Pennsylvania H at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, Credit CounseJmg Agency may be able to help explain it. You may also want to The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENID OBTENGA UNA TRADUCCION IMMEDIAT~TE LLAMANDA ESTA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONAI ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "H( MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU C DERECHO A REDIMIR SU HIPOTECA. Date: October 12, TO: Premises: 2001 Lyv. a g Clambers 223 S York St Mechardcsbu, PA 170550000 223 S York St Mechanicsbu, PA 170550000 EBTEDNESS REF~ TO OR THAT PURPOSE. ~e lende~ intends to foreclose. able to help to save VOur NSELING AGENCY WITHIN you meet with the Counselins tv, ny your County are listed at )using Finance Agency toll free presentatives at the Consumer ntact an attorney in your area. AFECTA SU DERECHO A O DE ESTA NOTIFICACION %GENCIA (PENNSYLVANIA O ARRIBA. PUEDES SER MEOWNER' S KMERGENCY ISA DE LA PERDIDA DEL Re: Loan Number: 0800380396 FROM: Homecomings Financial HOM'F. OWNERS' ElVrERGENC¥ MORTGAGE ASSISTS. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN: FOKECLOSURE AND I-II~PYOU ~ FIFrURE MORTGA( IF YOU COMPLY WITH THE PROVISIONS OF THE HOIvlEOWNER'S ASSITANCE ACT OF 1~83 (THE "ACT"), YOU MAY BE ELIGIBLE FOE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are mtitled to ~ ~a"~ys fr--'~m--m the date of this Notice. Dunng that tin a "face-to-face" meeting with one of the consumer credit counseling agencies THIS MI~TING MUST OCCUR. WITHIN ~ NEXT 3{} DAYS. IF EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MOR' PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF BRING YOUR MORTGAGE UP TO DATE. CONSUMI~ CREDIT COUNSELING AGI~NCIES - If you meet with one of agencie'~--~ listed at the ea-~d of this notice'~'~-'~ ~he l'~-~-er ~y NOT t~ke action against yc date of this meeting. The names, addresses and telephone numbers of desig~a! agencies for the county/n which the property is located are set forlh at the necessary to schedule one face-to-face meeting. Advise your le~der immediately APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in defa~ in this Notice (see following pages for specific information about the nature of and are unable to resolve tl~ problem with the lender, you have the right to apply f Homeowner's Emergency Mortgage Assistance Program. To do so, you must fil Homeowner's Emergency Assistance Program Application with one of the designa agencies listed at the end of this Notice. Only consumer credit counseling age pro~-ara and they will assist you in submitting a complete application to the Agency. Your application MUST be filed or postmarked within thirty (30) days of LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANC: HomeComings Financial Network 9275 Sky Park Cour[ San Diego, CA 92123 Attn: Loss Mitigation Depar[mmt, Stoven Roark Phone: 1-888-810-4687, ext. 5130 NCE PRO GRANI :AVE YOUR HOME FROM E PAYM]~frs EMERGENCY MORTGAGE F_ME~GENCY MORTGAGE temporary stay of foreclosure e, you must arrange and attend sted at the md of tl-hs Notice. ~OU DO NOT APPLY FOR 7GAGE UP TO DATE. THE ~,ULT", EXPLAINS HOW TO ae consumer credit counseling u for thirty (30) days after the ;d consumer credit counseJ~nF, ad of this Notice. It is only ' your intentions: : for the reasons sci fo~h later ,ur default.) If you have tried )r financial assistance from the out, sign and file a completed ed consumer credit counseling ~c/es have apphcations for the ~ennsylvania HoUSing Finance our face-to~-face meeting .ail ASSISTANCE ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD ABOVE RI~2I~CED ADDRESS. YOU MUST FILE YOUR APPLICATION PRON~I/,Y. IF YOU FAIL TO FOLLY--THE OTH]~ TIME PERIODS SET FORTH IN THIS LEt IP_~, FO[ AGAINST YOUR HOME IMI~:']IATELY AND YOUR APPLICATION FOlq WILL BE DENIED. AGENCY ACTION -- Av-~able funds for emergency tuGS,age assistance ~ · sb~sed by ~e A~cy ~d~ ~e ~b~ty c~t~ ~b~shed by ~e Act. The A~cy ~s s~y (60) ~ys to ~e a ~ecision a~ it ~ec~ves yo~ app~ca~ E proceeds ~ be p~sued a~s~ you if you ~ve m~ ~e ~e req~s noS~ed ~ec~ by ~e P~syl~ Housm8 F~ce Ag~cy ofi~s de~sion on yo~ NOTE: IF YOU ARE CURRENTLY PROTECiP. J3 BY THE FILl BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR ONLY AND SHOULD NOT BE CONSTRUED AS AN A~ TO COLI (If you have filed bankruptcy you can still apply for E Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender 223 S York St, Mech~.icsbu, PA 170550000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for months and the folhWmg amounts are now past due: Monthly payments from 05/01/01 to 10/01/01 totaling: Late Cl'mrges: Other fees and/or costs (including NSF charges and prop~y inspections): LESS: Unapplied Funds: TOTAL HOW TO CURE __THE_ DEFAULT - You may cure the defau~ with/n THIRTY ( Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDI~I~ WHICH MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DUR PERIOD. Payments must be made e/ther bV cash, cashier's check, ceil/fled check and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-: TO: 2445 W. Dunlap Avenue, Suite 100 Phoenix, AZ 85021-2803. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within of this Notice, the lender intemls m e~erci,~e its right m acce]era~ FORWARDED TO THE 0 SO OR IF YOU DO NOT ECLOSURE MAY I~OC~:~:, ] MORTGAGE ASSISTANCE very limited. They will be Pmnsylw~ia Housing Finance umg that time. no foreclosure set forth above. You will be r appl/cation. NG OF A PEIJTION IN INFORMATION PURPOSES ECT THE DI~T. ~, it up to date). your property located at: he following 4,832.42 320.95 $ 54.49 N/A 5,207.86 30) DAYS of the date of this IS $ $,207.S6, PLUS ANY :NG THE THIRTY (30) DAY or money order made pay~bl. 9426 OR OVERNIGHT HIRTY (30) DAYS of the date debt. This means that the entire outstanding balance of this debt will be considered due immediately and you mortgage in monthly installments. If full payment of the total amount past due is DAYS, the lender also intends to instruct its attorney to start legal action to property. IF 'II-IE MORTGAGE IS FORECLOSI!I) UPON - The mortgaged property will the mortgage debt. If the lender refers your case to its attorney, but you cure begins legal proceedings against you, you will still be required to pay the reasc~ actually incurred, up to $50.00. However, if legal proceedings are started agains reasonable attorney' s fees actually incurred by the lender, even if they exceed added to the amount you owe the lender, which may also include other reasonable, within the THIRTY (30) DAY period~ ,you will not be required to pay atterne3 OTHER LENDER. REMEDIES - The lender may also sue you personally for the other sums due under the mortgage. RIGHT TO CURE THE DI!~AULT PRIOR TO SHI~.IFF'$ SALE - If you ha the THIRTY (30) DAY period and foreclosure proceedings have begun, you still ~ and prevent the sale at any time up to one hour before the Sheriffs Sale. You amount then past due, plus any late or other charges thru due. reasonable atto~x~ with the foreclosure sale and any other costs connected with the Sheriff's Sale lender and by performing any other requirements under the mortgage. Curh~ yo forth in this Notic~ will restex~ your moriga~e te the same position as if.you EARLIEST POSSIBLE SHERIFF' S SALE DATE - It is estimated that the earlies of the mortgaged property could be held would be approximately six (§) months A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. to cure the default will increase the longer you wait. You may find out at any payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 I!I~FECT OF THE SI-II. IFF' S SALE - You should r-~li?e that a Sheriff' s Sale mortgaged property and your ri/bt to occupy it. If you continue to live in the pro] lawsuit to remove you and your furnishings and other belongings could be slarted ASSUMPTION OF MORTGAGE - You may be able to sell or transfer your horn will assume the mortgage debt, provided that all the outstanding payments, charge: are paid prior to or at the sale and that the other requirements of the mortgage are YOU MAY ALSO HAVE ~rI-]E RIGHT: nay lose the chance to pay the not made within THIRTY (30) )reclose upon your mortgaged e sold by the Sheriff to pay off .- delinquency before the lender able attorney's fees that were , you, you will have to pay all 10. Any attorney's fees will be :osts. If.you cure th~ default 's fees. ~.npaid principal balance and all re not cured the default within ye the ri~t to cure the default .Tay do so by pa'flag the total ;y's fees and costs connected as specified in writing by the default in the manner set [~1 ng~r defaulted. ; date that such a Sheriff s Sale From the date of this Notice. Of course, the amount needed dine exactly what the required ~ end your ownership of the ~erty after the Sheriffs Sale, a ' the lender at any time. to a buyer or transferee who and attorney's fees and costs ~tisfied. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE IV TO BORROW MONEY FROM ANOTHER LENDING INSTITUTIOI~ DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING TO HAVE THE MORTGAGE RESTORFD TO THE SAME POSITION HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ~. PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDE DOCUMENTS. TO ASSERT ANY OTHER. DEFENSE YOU BELIEVE YOU MAY HAVI BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW Loan Counseling Department Enclosure(s) List of Counseling Agencies ORTGAGE DEBT OR TO PAY OFF THIS ~N YOUR BEHALF. AS IF NO DEFAULT DO NOT HAVE THIS iN ANY CALENDAR NY FORECLOSURE THE MORTGAGE TO SUCH ACTION CUMBERLAWD COUN-i~ Urb~ Lequ~ of'Mea~oLiUn N. 6d~ Sfree~ HarrizburE. PA 17101 FAX (717) 234-9459 YWCA ot'C~lisl¢ 301 G Sa'e~ Carlisle, PA 17013 (717) 2~3-38 ! 8 FAX (717) 731-9589 FAX (719 Financial Franklin 31 West 3r¢ (717) 762-3 234-2227 ~unseling S~-vic, e~ of Street ,. PA 17268 Z85 Homeco__mi gs l:inancial October 12, 2001 0800380396 Michael E Chambers 223 S York St Mechanicsbu, PA 170550000 Certified Mail Re: Property Address: 223 S York St Mechanicsbu, PA 170550000 Loan Number A default exists under the above refermced Mortgage/Deed of Trust loan agreem( cure the default is the paymeat of all sums due under the MortgageJDeed of Trust date oft.his letter the total amount duels $ 5,207.8§. That sum includes the follo 6 paymeats totaling: $ Late charges: $ Other fees and/or costs $ Unapplied Funds: The total amount due shown above is subject to further increases for additiol charges, attorney fees, and/or other fees and cost which may become due, aider obtain an update of the total amount due to cure this default, contact us at TO CURE THIS DEFAULT, SEND 'fOUR CASHIER'S CHECK, MONEY ORDER IN THE AMOUNT OF $ 5,207.S6 BY Nm, ember 11, 2881 TO THE ] Home¢o~ Financial, P.O. Box 78426 Phoenix, AZ 850§2-842§ OR OV Dunlap Avenue, Suite 10O Plmen.b;, AZ 85021-2803. If the default is not cured within thkty (30) days of the m~iling of this later, the let or demand, will accelerate the maturity date of the Note and declare all sums sect of Trust to be immed/ately due and payable. The leader then inteads to have th~ foreclosure sale. Aiier acceleration, a curing of the default and reinstatement of th to the time of the sale by paying the past due monthly paymeats and other: Mortgage/Decal of Trust loan a/reement and by complying with all tc~ms of reinstal You have the right to bring a court action to assert the nonexistence of a default or exist to prevent acceleration and sale of the property. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE IND TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USE Loan Counseling Departrneat Homecomings Financial 2711 North H~skell Avenue Suite 900 800.206.2901 Homecomings.corn Dallas, Texas 75204 Return Receipt Requested 0800380396 nt. The action required to loan a//reemeat. As of the ~ing: 12.42 ~0.95 ;4.49 N/A monthly paymeats, late ~he date of this letter. To .2901. , OR CERTIFIED CHECK ~OLLOWING ADDRESS: ~cNIGHT TO: 2445 W. der, without further notice red by the Mortgage/Deed property sold at a pubhc ; loan will be permitted up ',urns thea due under the my other defense that may ~RTEDNESS REFERRED FOR THAT PURPOSE. HLH ACT 91 NOTICE TAKE ACTION TO SA E YOUR HOME FROM FORECEOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE Il, ID HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED F This is an official notice that the mortgage on your home is in default, and t~ Specific information about the nature of the default is provided in the attached page: The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may home. This Notice explains how the program works. To see if HEMAP can help, you must IvIEET WITH A CONSUMER CREDIT COL 30 DAYS OF TH DATE OF THIS NOTICE. Take this notice with you when Agency. The name, address and phone number of Consumer Credit Counseling Agencies se the end of this Notice. If you have any questions, you may call the Pmmsylvania H, at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, re Credit Counseling Agency may be able to hetp explain it. You may also want to cc The local bar association may be able to help you find a lawyt~. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENID OBTENGA UNA TRADUCCION IMMEDIAT~TE LLAMANDA ESTA ~ HOUSING FINANCE AGENCY) SIN CARGOS AL HUMERO MENCIONAD ELEGIBLE PARA UN PRESTAMO POP, EL PROGRAMA LLAMADO "HO MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CI DER.ECHO A REDIMIR SU HIPOTECA. Date: October 12, 2001 TO: Prcnises: Michael E Chambers 223 S York St Mechanicsbu, PA 170550000 223 S York St Mechanicsbu, PA 170550000 Re: Loan Number: 0800380396 FROM: Homecomings Financial ~TEDNESS REFERRED TO DR THAT PURPOSE. lender intends to foreclose. ~e able to he~p to save your NSF_LING AGENCY WITHIN ,ou meet with the Counseling ~ing your County are listed at ,using Finance Agency toll free ~resentatives at the Consume~ 'atact an attorney in your area. AFECTA SU DERECHO A D DE ESTA NOTIFICACION ~,GENCIA (PENNSYLVANIA 9 ARRIBA. PUEDES SER VIEOWNER' S EMERGENCY SA DE LA PERI)IDA DEL HOMEOWNERS' E1VI~RGENC¥ MORTGAGE ASSIST~ YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN: FORECLOSURE AND HE~PYOU MAKE FUI-gRE MORTGA( IF YOU COIvlPLY WITH THE PROVISIONS OF THE HOMEOWNER'S ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOr ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to on your mortgage for lhkty (30) days from the date of tl~s Notice. During that ~ a "face-to-face" meeting with one of the consumer credit counseling agencies THIS ~:~;IING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MOR PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEl; BRING YOUR MORTGAGE UP TO DATE. CONSUMP_g CREDIT COUNSELING AGENCIES - If you meet with one of l agencies listed at the end of this notice, the lender may NOT lake action against y~ date of this meeting. The names, addresses and telephone numbers of designal agencies for the county m which the property is located are set forth at the necessary to schedule one face-to-face meeting. Advise Your leader immedia~ly o APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in defau in this Notice (see following pages for specific information about the nature ofy and are unable to resolve this problem with the leader, you have the fight to apply Homeowner s Emergency Mortgage Assistance Program. To do so, you must fi Homeowner's Emergency Assistance Program Application with one of the designa agencies listed at the end of this Notice. O~ly consumer credit counseling age program and they will assist you in subrmtting a complete application to the Agency. Your application MUST be filed or postmarked within tkirty (30) days of LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANC HomeComings Financial Network 9275 Sky Park Cour~ San Diego, CA 92123 Attn: Loss Mitigation Department, Steven Roark Phone: 1-888-810-4687, ext. 5130 NCE PROGRAM ;AVE YOUR HOME FROM ',E PAYM]~4'TS EMERGENCY MORTGAGE EMERGENCY MORTGAGE temporary stay of foreclosure re, you must arrange and attend sted at the end of this Notice. 'OU DO NOT APPLY FOR [GAGE UP TO DATE. THE AULT", EXPLAINS HOW TO he consumer credit counseling ~u for thi~y (30) days alter the ed consumer credit counseling nd of this Notice. It is only your intentions~ [ for the reasons set forth later ~ur defaulL) If you have tried ~r financial assistance from the out, sign and file a completed ~t consumer credit counseling ~cies have applications for the Pennsylvania Housing Finance ~our face-to-face meeting AI, ASSISTANCE ALL CORKESPONDENCE REGARDING PI-IFA ASSISTANCE SHOULD ABOVE R]:~ r. MJ~NCED ADDRESS. YOU MUST FILE YOUR. AVP,.ICATION PROMPTLY. IF YOU FAIL TO I FOLLOW THE OTH]~ TIME P~IlODS SET FORTH IN THIS LEI l~aK, FOB AGAINST YOUR HOME IMMEDIAI~.LY AND YOUR APPLICATION FOI WILL BE DENIH). AGENCY ACTION -- Awaihble funds for emergency mortgage assistance ar, disbursed by the Agency under the eligibility ct-item established by the Act. The Agency has sixty (60) days to make a decision atier it receives your application. £ proceedings will be pursued against you if you have met the time requirements notified directly by the Permsylvarfia Housing Finance Agency of its decision on yo: NOTE: IF YOU ARE CURRENTLY PROTEcI~ BY THE FILl BANKR~CY, THE FOLLOWING PART OF THIS NOTICE IS FOR ONLY AND SHOULD NOT BE CONSTRUI~ AS AN Al ie.~APT TO COLI (If you have fried bankruptcy you can still apply for Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bri~ NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender 223 S York St, Mechanicsbu, PA 170550000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for months and the following amounts are now past due: Monthly payments from 05/01/01 to 1O/01/01 totaling: Late Charges: Other fees and/or costs (including NSF charges and property inspections): LESS: Unapplied Funds: TOTAL HOW TO CURE THE DEFAULT - You may cure the default within THIRTY ( Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER, WHICH MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DUI{ PEPdOD. Payments must be made either by cash, cashier's check, cea'tiffed check and sent to: Homecomings Financial, P.O. Box 78,i26 Phoenix, AZ 85062-; TO: 2445 W. Dunlap Avenue, Suite 100 Phoenix, AZ 85021-2503. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default w/thin of this Notice, the lender intends m ezereise its right to accelerate tim mor~_~ 5E FORWARDH) TO THE ~O SO OR IF YOU DO NOT ECLOSIJRE MAY PROC~'~ MORTGAGE ASSISTANCE very limited. They will be Pennsylvania Housing Finance ,uring that time, no foreclosure set, forth above. You will be ~r application. NG OF A PEl'llION IN INFORMATION PURPOSES ,ECT THE DEBT. ~ it up to date). your property located at: following $ 4,832.42 $ 320.95 $ 54.49 N/A $ 5,207.85 30) DAYS of the date of this IS $ 5,207.S6, PLUS ANY !NG THE THIRTY (30) DAY or money order made payable ~426 OR OVERNIGHT HIRTY (30) DAYS of the date _o.. debt. This means that the mt/re outstanding balance of th/s debt will be considered due mediately and you ~ mortgage in monthly installments. If full payment of the total amount past due is DAYS, the lender also intends to instruct its attorney to start legal action to proper[y. IF THE MORTGAGE IS FORECLOSI~) UPON - The mortgaged property will the mortgage debt. If the lmder refers your case to its attorney, but you cure th begins legal proceedings against you, you will still be required to pay the reasm actually incurred, up to $50.00. However, if legal proceedings are started agains~ reasonable attorney' s fees actually incurred by the lender, even if they exceed $50. added to the amount you owe the lmder, which may also include other reasonable within the THIRTY (50) DAY periofl, you will notbe required to pay attornn.¥ OTHER LENDER REMI~IES - The lender may also sue you persomlly for the other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you hat the THIRTY (30) DAY period and foreclosure proceedings have begun, you still ha and prevent the sale at any time up to one hour before the Sheriff's Sale. You mount thru past due, plus any late or other charges thru due, reasonable attom with the foreclosure sale and any other costs connected with the Sheriff's Sale lender and by perforraing any other requ/rernmts under the mortgage. Curing yo~ forth in this Notice will restore your mortgage to the same position as EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the eatiies' of the mortgaged propet~y could be held would be approximately six (6) months A notice of the actual date of the Sheriff s Sale will be stat to you before the sale. to cure the default will increase the longer you wait. You may find out at any payment or action will be by contacting the lmder. HOW TO CONTACT THE LENDER: Homecomings Financial 2711 N Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 ~:~t:CT OF THE SHERIFF'S SALE - You should realize that a Sheriffs Sale, mortgaged property and your tight to occupy it, If you continue to live in the prol lawsuit to remove you and your furnishings and other belongings could be started b ASS~°TION OF MORTGAGE - You may be able to sell or transfer your hor~ will assume the mortgage debt, provided that all the outstanding paymmts, charges are paid prior to or at the sale and that the other requirements of the mortgage are s~ YOU MAY ALSO HAVE THE RIGHT: nay lose the chance to pay the not made within THIRTY (30) [reclose upon your mortgaged sold by the Sheriff to pay off delinqumcy before the lmder ~ble attorney's fees that were you, you will have to pay all O. Any attorney's fees will be osts. If you cure the default 's fees. repaid principal balance and all 'e not cured the default w/thin ee the right to cure the default naV do so by paying the totzl .~'s fees and costs connected as specified in writing by the ~r default in the manner set md never defaulted. date that such a Sheriff' s Sale Yrom tim date of tltis Notice. Of course, the amount needed ime exactly what the required ~ end your ownership of the erty aRer the Sheriff' s Sale, a the lender at any time. to a buyer or transferee who and attorney's fees and costs tisfied. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE M TO BORROW MONEY FROM ANOTHER LF. NDING INSTITUTION DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING TO HAVE THE MORTGAOE RESTORED TO THE SAME POSITION HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDEI DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVI BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Loan CounselinE Department Enclosure(s) List of CounselinE Agmcies DRTGAGE DEBT OR TO PAY OFF THIS N YOUR BEHALF. ~,S IF NO DEFAULT )0 NOT HAVE THIS N ANY CALENDAR ~Y FORECLOSURE THE MORTGAGE TO SUCH ACTION CUMBERL~ Urb~m ~ of Mm'ol~[itm H~dsbm. g, PA 17101 (7! 7) 23A-$925 FA~ (717) 234-~$9 Adams Coun~ Hom~g Au~mr~ 139-143 Car~le $L Gem~sburg. PA 17325 (717)334-1518 FA~ (717) 334-8326 CCCS of"Wes~.n Peunsyivum, Inc. l"hrvisburL PA 17102 ~17) ~1-!757 YWCA or' C. adisle 301 G Slreet Carlisle, PA 17013 (7 ! 7) 2a3-3818 FAX (717) 73 !-9589 R~-~ion 1514 D~n~ Harr~b~r (717) 232-~ FAX (7171 Financial Franidi~ 31 W~'t 3rd Waynesbote (7 ! 7) 762-3: Slreet PA 17104 757 ~3~-2227 ,unseling S~'vic~ of $~'~t , PA 17268 '85 CERTIFICATE OF SERVICF I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & I served a true and correct copy of Plaintiff's Affidavit upon the following by d States Mail, First Class Postage, Postage Prepaid, addressed as follows: Lynn K. Chambers a/Ida 124 West Portland St., Apt. 28 Mechanicsburg, PA 17055 Pro Se Defendant Michael E. Chamber,, 223 South York StreE Mechanicsburg, PA Pro Se Defendant Dated: laller, do hereby certify that positing same in the United ~7055 I~arbara A. Shadel BANKONE, NATIONAL AssOCiATiON f/ida THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, plaintiff VS. MICHAEL E. CHAMBERS and LYNN K. cHAMBERS a/ida LYNN cHAMBERS Defendants 0~: COMMON pLEAS tN THE COURT CO., PENNSYLVANIA cUMBERLAND il Term NO. 01-7135 - · CIVIL ACTION- IN MORTGAGE ~OTION FOR sUMMAR~ JUDGM AND NOW, comes the Plaintiff, BankOne, National Association Chicago, Trustee, through its SerVicing Agent, Homecomings Financial N purcell, Krug & Hailer, and files the within Motion for summary Judgment, following: · 1. This action in mortgage foreclosure was originally institut, of Cumberland County by Complaint flied to No. 01_7135-Civil Term on 2. The Defendant, Lynn K. Chambers a/ida Lynn Chambel an Answer with New Matter to Plaintiffs Complaint on January 31,200; 3. The Plaintiff filed a Reply to New Matter. 4. In her Answer, the Defendant admitted Paragraphs 1, oRECLOSURE a The First National Bank of ~vork, Inc., and by its attorneys, ~nd avers in support thereof the ;d in the Court of Common Pleas ecember 20, 2001· (hereinafter "Defendant") filed 4, 5, 6, 8, 9 and 10 of Plaintiff's complaint ............ ~aint which averred as follows 5. The Defendant denied Paragraphs 2, 7 and 11 of PIlmtlr~s ~,u,,,~, : . is an adult i~div dual whose last known ~--~-,~-nt MICHAEL E. CHAMBE._RS_;, .... ~,e~URC~ PENNSYLVANI.A !70.55. 2 uu,~ ....... T MbL;l'~m,~,'~ 'r · '' nose _' ' 3 sOUTH YORK STR. E...E,/ .... ,~ ~-~4~MBERS is an adult ind~vlcluat w ..... addres.s is~ 2,2v3,,~, ~ CHAMBERS A/~/~ ~-' !'-'~,-' "~';'~',-u~ ICSBURG, PENNSYLVANIA Defenoam, ~-~ '"' ':' ~,~,, cc~l ITH YORK ST~,W_~/, w,~,-,, last known address Is z~o ...... 17055. e is in default due to the fact that Mort! '7 The Mortgag ......... ~-se~uent installm( {r~stallment due on May 01,20ol ano u,, o~,~ -~ amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $21.83 per day From 04/01/2001 To 01/01/2002(based on contract rate of 10.9500%) Accumulated Late Charges agors have failed to pay the ~ts thereon, and the following $71,781.61 6,003.25 387.29 Late Charges at $34.47 From 05/01/2001 to 01/01/2002 Attorney's Fee at 5% of Principal Balance TOTAL **Together with interest at the per diem rate noted above after Januar charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mod Pennsylvania law, and will be collected in the event of a third party pL Sale. If the Mortgage is reinstated prior to the sale, reasonable att( charged that are actually incurred by Plaintiff. 11. Plaintiff has complied with the procedures required by PennsyN (Homeowners' Emergency Mortgage Assistance Payments Program) al either failed to meet the time limitations as set forth therein or have bee Pennsylvania Housing Finance Agency not to qualify for assistance. The Defendant's Answer to Paragraphs 2, 7 and 11 reads as 2. Disagreed. Although Defendant Michael Chambers does re Street, Defendant, Lynn K. Chambers resides at 124 W. Portla~ Mechanicsburg, PA 17055. 7. Can't be answered. Defendant Lynn K. Chambers was not i ~xactly was owed. Co-Defendant Michael Chambers refused to give well as Homecomings Financial. Several calls were placed to mort: inquiries as to status of mortgage, as well as written inquiries. All we[ 11. Disagreed. Defendant Lynn Chambers was told that she must I- at 223 S. York Street address in order to apply for this program. Defen( has not lived at residence since February 2000. 7. In her Answer to Paragraph 2, the Defendant clarified that property subject to the Mortgage, but that the Co-Defendant does live at the 8. In response to Paragraph 7, the Defendant generally denie amounts outstanding, claiming to be without sufficient information to respond the delinquency because the Co-Defendant, her ex-husband, refused to pro\ 9. In response, the Plaintiff verifies in its Summary Judgment A' 275.76 3,589.08 $82,036.99 01,2001 and other ge documents and rchaser at Sheriff's .rney's fees will be ania Act 91 of 1983 ~d Defendants have determined by the ollows: ;ide at 223 S. York ~d Street, Apt 28, ~formed as to what her information, as ]age company with unanswered. physically residing ~nt Lynn Chambers she does not reside at the roperty. the fact of default and the ) the PlaintifFs allegations of -le her information. fidavit that both Defendants are in default and includes in its Affidavit filed concurrently with this Motion, reinstate and pay off the account. 10. In Paragraph 11 of her Answer, the Defendant denied Plaintiff with the Notice provisions of Act 91 of 1983 and that the answering Defend~ mortgage assistance. th, amounts necessary to both allegations that it complied did not qualify for Act 91 11. The Defendant "disagreed" with the Plaintiff's averments indic; she must be physically residing [at the property subject to the Mortgage] in ord~ Defendant, Lynn Chambers has not lived at residence since February 2000." 12. The Defendant is correct. According to the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, the Defendant co mortgage assistance, since the property securing the mortgage is not her princil §31.202(a)(3). 13. The Plaintiff verifies in its Affidavit that it did send Act 91Notic to the Defendants, by certified mail and regular mail, postage prepaid, add addresses. True and correct copies of the combined Act 91 Notices are attach~ 14. In her eleven paragraphs of New Matter, the Defendant raised personal Bankruptcy discharge, as well as the Co-Defendant's assumption according to the Defendants' divorce proceedings. 15. The fact that the answering Defendant was personally dischar! the Co-Defendant was to make payments in accordance with the divorce proceE Plaintiff from seeking an in rem judgment in the foreclosure action. 16. The Defendant is still identified as an owner of the subject pre dated September 25, 1998 and recorded on October 1, 1998 in Book 186, Pa joint names of Michael E. Chambers and Lynn K. Chambers. 17. Pursuant to Rule 1144(a)(3) of the Pennsylvania Rules of Civ is properly identified as a party Defendant due to her status as a co-owner ol Mortgage. 18. Upon Affidavit filed concurrently with this Motion, the status of ti' to and received by Plaintiff is verified and reveals that both Defendants are in d Mortgage and that no cure has been effected by either Defendant. ~ting that she '~vas told that ,r to apply for this program. Regulations covering the aid not have qualified for )al residence. 12 Pa. Code es dated October 12, 2001 ressed to their last known d to the Plaintiff's Affidavit. as affirmative defenses her )f the Mortgage payments led from any liability or that dings does not preclude the '~ises by virtue of the Deed e 485, placing title into the Procedure, the Defendant the property subject to the mortgage payments made 'ault under the terms of the 19. dated September 25, 1998, executed by the Defendants in the amount of $73,0(: at 223 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, ol of the record owners. 20. By reason of the Defendant's foregoing admissions and the docL an allegation that the default has been cured or documentation thereof, there i.~ fact or law. 21. There being no defense to Plaintiff's Complaint, judgment sh Plaintiff and against Defendant, Lynn K. Chambers a/k/a Lynn Chambers. WHEREFORE, Plaintiff requests this Honorable Court to enter an Ord~ for Summary Judgment against Defendant, Lynn K. Chambers a/k/a Lynn Ch~ The Affidavit further indicates that Plaintiff is the owner and holder of the Mortgage Note 0.00 for real estate situated which the Defendant is one Respectfully submittE Dated: J~eka, Esqui Aff~rney ID # 58802 Leon P. Hailer, Esqui Attorney ID # 15700 PURCELL, KRUG & 1719 North Front Str~ Harrisburg, PA 171 (717) 234-4178 Attorneys for Plainti mentation of default without no longer a triable issue of )uld be entered in favor of granting Plaintiff's Motion nbers. 'e re -IALLER ~et CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & H I served a true and correct copy of Plaintiff's Motion for Summary Judgment upor same in'the United States Mail, First Class Postage, Postage Prepaid, addres-~ Lynn K. Chambers a/k/a 124 West Portland St., Apt. 28 Mechanicsburg, PA 17055 Pro Se Defendant Michael E. Chambers 223 South York Stree Mechanicsburg, PA Pro Se Defendant I~rbara A. Shadel Dated: (fcl\h-com[ngs\chambers\S J Motion) ~ller, do hereby certify that , the following by depositing ed as follows: '7055 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY/OF CUMBERLAND COUNTY: Please list the within matter for the next: [] Pre-Trial Argument Court ] Argument Court CAPTION OF CASE (entirecaption mustbestatedin ~11) BankOne, National Association f/k/a The First National Bank of Chicago, Trustee, (Plaintiff) VS. Michael E. chambers and Lynn g. Chambers a/k/a Lynn chambers, (Defendant) VS. No. ~ Civil . Term State matter to be argued (i. e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Stmmry Judgment Identify counsel who will argue case: (a) for plaintiff: Jill lq. Wineka, E$.c~uire (b) for defendant: Lynn K. chambers a/k/a Lynn Chambers, pro se I will notify all parties in writing within two days that this case has been listed for argument._ Dated: (AttOrney for Plaintiff Jill M. wimeka, Esquire CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Hailer, do hereby certify that I served a true and correct copy of the Praecipe for Listing Case for Argument on the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Lynn K. Chambers a/Ida Lynn Chambers 124 West Portland Street, Apt. 28 Mechanicsburg, PA 17055 Pro Se Defendant Michael E. Chambers 223 South York Street Mechanicsburg, PA 17055 Pro Se Defendant Dated: ~ar'Dara A. Shadel ' BANKONE, NATIONAL ASSOCIATION f/k/a THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS and LYNN K. CHAMBERS a/k/a LYNN CHAMBERS, Defendants MOTION IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7135 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AND NOW, comes Plaintiff, BankOne, National Association f/k/a The First National Bank of Chicago, Trustee, through its Servicing Agent, Homecomings Financial Network, Inc. and by its attorneys, Pumell, Krug & Hailer, and files the following Motion for Incorporation of the attached Stipulation: 1. Movant/Plaintiff, BankOne, National Association f/k/a The First National Bank of Chicago, Trustee filed a Complaint in Mortgage Foreclosure on December 20, 2001. 2. The Defendant, Lynn K. Chambers a/k/a Lynn Chambers filed an Answer with New Matter on January 31,2002. 3. Plaintiff filed a Reply to the New Matter on June 19, 2002. 4. Subsequently, counsel for the Plaintiff, with the appropriate authority, and the pro se Defendant, Lynn K. Chambers a/k/a Lynn Chambers signed a Stipulation, agreeing to the entry of an in rem judgment in favor of the Plaintiff, BankOne, National Association f/k/a The First National Bank of Chicago, Trustee and against the pro se Defendant, Lynn K. Chambers a/k/a Lynn Chambers, in the sum of $83,404.26, together with interest of $19.84 per diem from Apdl 1, 2002, plus any additional costs and escrow advances for taxes and insurance. The original signed Stipulation is attached hereto. WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue an Order incorporating the terms of the attached Stipulation. J?f/M Wineka, Esquire A~omey ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: ~ ¢/~'~/~_ Attorneys for Plaintiff BANKONE, NATIONAL ASSOCIATION f/Ida THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS and LYNN K. CHAMBERS a/Ida LYNN CHAMBERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7135 ClVlLTERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE STIPULATION It is hereby stipulated and agreed by and between Jill M. Wineka, Esquire, Attorney for Plaintiff, BankOne, National Association f/Ida The First National Bank of Chicago, Trustee and Lynn K. Chambers a/Ida Lynn Chambers, pro se Defendant, that an in rem judgment in mortgage foreclosure is to be entered in favor of the Plaintiff, BankOne, National Association f/Ida The First National Bank of Chicago, Trustee and against the pro se Defendant, Lynn K. Chambers a/Ida Lynn Chambers, in the amount of $83,404.26, together with interest at the rate of $19.84 per day from April 1,2002, together with any additional advances for costs, taxes and insurance. ,~I It o~r eV~/i~o~kF~l'a iEr~ iq~ i r;~ n kO n e, National Association f/Ida The First National Bank of Chicago, Trustee Dated: ~"/~O / (,)2- L./n K. namoers n, nn e ambers -1 Pro Se Defendant Dated: BANKONE, NATIONAL ASSOCIATION f/ida THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS and LYNN K. CHAMBERS a/ida LYNN CHAMBERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7135 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE MOTION AND NOW, comes Plaintiff, BankOne, National Association f/ida The First National Bank of Chicago, Trustee, through its Servicing Agent, Homecomings Financial Network, Inc. and by its attorneys, Purcell, Krug & Hailer, and files the following Motion for Incorporation of the attached Stipulation: 1. MovantJPlaintiff, BankOne, National Association f/ida The First National Bank of Chicago, Trustee filed a Complaint in Mortgage Foreclosure on December 20, 2001. 2. The Defendant, Lynn K. Chambers a/ida Lynn Chambers filed an Answer with New Matter on January 31,2002. 3. Plaintiff filed a Reply to the New Matter on June 19, 2002. 4. Subsequently, counsel for the Plaintiff, with the appropriate authority, and the pro se Defendant, Lynn K. Chambers a/ida Lynn Chambers signed a Stipulation, agreeing to the entry of an in rem judgment in favor of the Plaintiff, BankOne, National Association f/ida The First National Bank of Chicago, Trustee and against the pro se Defendant, Lynn K. Chambers a/Ida Lynn Chambers, in the sum of $83,404.26, together with interest of $19.84 per diem from Apdl 1, 2002, plus any additional costs and escrow advances for taxes and insurance. The original signed Stipulation is attached hereto. WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue an Order incorporating the terms of the attached Stipulation. J~M. Wineka, Esquire A~orney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff BANKONE, NATIONAL ASSOCIATION f/kJa THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS and LYNN K CHAMBERS a/k/a LYNN CHAMBERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7135 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE STIPULATION It is hereby stipulated and agreed by and between Jill M. Wineka, Esquire, Attorney for Plaintiff, BankOne, National Association f/k/a The First National Bank of Chicago, Trustee and Lynn K. Chambers a/k/a Lynn Chambers, pro se Defendant, that an in rem judgment in mortgage foreclosure is to be entered in favor of the Plaintiff, BankOne, National Association f/k/a The First National Bank of Chicago, Trustee and against the pro se Defendant, Lynn K. Chambers a/k/a Lynn Chambers, in the amount of $83,404.26, together with interest at the rate of $19.84 per day from April 1, 2002, together with any additional advances Ly~n K. Chambers a/.a Lynn ~am;ers' ~j ['////i//~ Pro Se Defendant -- ~ Jill I~Wineka, Esquire, AttoShey for Plaintiff, BankOne, National Association f/k/a The First National Bank of Chicago, Trustee for costs, taxes and insurance. CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of Purcell, Krug & Hailer, do hereby cedify that I served a true and correct copy of the PlaintifFs Order, Motion and Stipulation upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Lynn K. Chambers a/ida Lynn Chambers 124 West Portland St., Apt. 28 Mechanicsburg, PA 17055 Pro Se Defendant Michael E. Chambers 223 South York Street Mechanicsburg, PA 17055 Pro Se Defendant Dated: (fcl~h-corne\chambers\Stip & Motion) BANKONE, NATIONAL ASSOCIATION f/ida THE FIRST NATIONAL BANK OF CHICAGO, TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS and LYNN K. CHAMBERS a/ida LYNN CHAMBERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7135 ClVILTERM CIVIL ACTION - LAW · IN MORTGAGE FORECLOSURE ORDER AND NOW, this ~"'~' day of ~)gc..c,.~-~.r- ,2002, IT IS HEREBY ORDERED that the Prothonotary is directed to enter an in rem judgment in mortgage foreclosure in favor of the Plaintiff, BankOne, National Association f/Ida The First National Bank of Chicago, Trustee and against the pro se Defendant, Lynn K. Chambers a/Ida Lynn Chambers, in the amount of $83,404.26, together with interest at the rate of $19.84 per day from April 1, 2002, together with any additional costs and escrow advances for taxes and insurance. BY THE COURT: Distribution: V/~II M. Wineka, Esq., 1719 North Front St., Harrisburg, PA 17102 ynn K. Chambers a/Ida Lynn Chambers, 124 West Portland St., Apt. 28, Mechanicsburg, PA 17055, Pro Se Defendant ¢lVlichael E. Chambers, 223 South York St., Mechanicsburg, PA 17055, Pro Se Defendant BANKONE, NATIONAL ASSOCIATION F/K/A THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE, Plaintiff VS. MICHAEL E. CHAMBERS AND LYNN K. CHAMBERS A/K/A LYNN CHAMBERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO. PENNSYLVANIA CIVIL ACTION - LAW NO. 01-7135 Civil Term IN MORTGAGE FORECLOSURE p R A ~. C T P~- TO THE PROTHONOTARY: Please mark the judgment entered in the above captioned case satisfied of record. PURCELL, KRUG & HALLER By: /~ Leon P~Haller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1'719 North Front Street Harrisburg, PA 17102 ('717) 234-4178 DATE: February 6, 2003