HomeMy WebLinkAbout02-0138PHILIPS CURTIN & DI GIACOMO
sY: PHILIP G. CURTIN, ESQUIRE
IDENTIFICATION NO, 52324
SUITE 300
1211 CHESTNUT STREET
PHILADELPHIA, PENNSYLVANIA 19107
(215) 563-7700
PHC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENTJE
PITTSBLTRGH, PA 15222
VS.
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
ATTORNEY FOR
PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
DIVISION
TERM,
CIVIL ACTION - MORTGAGE FORECLOSURE
"NOTICE
"You have been sued in court If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney arid filing in
writing with the court your defenses or objections to the claims set
forth against you, You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by
the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff.
You may Ioae money or property or other rights important to you.
"YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(800) 990-9108
"AVISO
"Le hah demandado a usted en la corte, Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene veinte
(20) dias, de plazo al partir de la fecha de la demanda y la notification.
Hace falta asentar una comparencia escrita oen persona o con un
abogado y entregar a la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si
usted no se defiende, la corte tomara medidas y puede continuar la
demanda en contra suya sin previo aviso o notificacion. Adem~s, la
corte puede decidir a favor del demandante y requiere que usted
cumpla con todas las provisiones de esta demanda. Usted puede perder
dinero o sus propiedades u otros derechos importantes para usted.
"LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE
DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TEL~FONO A LA OFICINA CUYA DIRECCI(~N SE ENCUENTRA
ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
ASSOCIACION DE LICENDIADOS DE FILADELFIA
SERVICIO DE REFENCIA E INFORMACION LEGAL
One Reading Center
Filadelfia, Pennsylvania 19107
Telefono: (215) 2384701"
1. The Plaintiff is PNC Bank, National Association organized
under the laws of the United States of America with its registered
office at PNC Bank, National Association, Consumer Loan Center,
2730 Liberty Avenue, Pittsburgh, PA 15222.
2. Defendants Jerome Van Nest and Honor H. Van Nest, the
mortgagors and real owners of the premises described in Paragraph
5 below, who reside at 15 A Locust Street, Wormleysburg, PA 17043.
3. On March 31, 1999, Jerome Van Nest and Honor H. Van Nest
executed and delivered a mortgage upon premises hereinafter
described to PNC Bank, National Association, which mortgage is
recorded in the Recorder of Deeds of Cumberland County,
Pennsylvania in Mortgage Book 1588, Page 73 on April 16, 1999 which
mortgage is incorporated herein by reference.
4. The said mortgage has not been assigned.
5. The premises subject to the said mortgage is 15 A Locust
Street, Wormsleyburg, PA 17043 as more fully described in Exhibit
"A" attached hereto and made a part hereof.
6. The said mortgage is in default because the monthly
installments of principal and interest thereon due on January 13,
2001 and on the 13th day of each month thereafter are due and have
not been paid and by the terms of the said mortgage upon failure to
make such payments when due the whole of said principal and all
interest due thereon, together with all recoverable sums and
attorneys fees is collectable forthwith.
7. The following amounts are due on the said mortgage:
Principal of said mortgage debt due and unpaid
Interest from 1/13/01 to 12/19/2001 at 7.49%
($ 17.9861 per diem)
Foreclosure search
Late Charges
Appraisal
Attorneys fees (which are reasonable, authorized
under the mortgage and/or actually incurred by
Plaintiff as provided in § 406 (2) Act of
1974 (41 P.S. ~ 406(2)) $ 4,700.00
AMOUNT DUE $99,015.01
8. The Combined Notice has been sent to the Defendants by
regular and certified mail pursuant to the provisions of P.L. 1248
No. 160 (35 P.S. Section 1680 et seq.) on the date(s) set forth in
the true and correct copy of such notice(s) attached hereto as
Exhibit "B."
9. Pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. § 1692 et seq. (1977), Defendants may dispute the validity of
the debt or any portion thereof. If Defendants do so in writing
within thirty (30) days of receipt of this pleading, Counsel for
Plaintiff will obtain and provide Defendants with written
verification hereof; otherwise, the debt will be assumed to be valid.
Likewise, if requested within thirty (30) days of receipt of this
pleading, Counsel for Plaintiff will send Defendants the name and
address of the original creditor if different from above.
WHEREFORE, Plaintiff demands as in rem Judgment against
Defendants in the sum of $99,015.01, together with interest from
December 19, 2001 at the rate of $17.9861 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage
and for the foreclosure and sale of the mortgaged property.
PHILIP G. CURTIN, ESQUIRE
$87,649.63
6,115.27
270.00
130.11
150.00
VERIFICATION
I, Johl'l Matlak, being of an officer of Plaintiff do hereby verify that the facts set forth in
the foregoing pleading are true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsifications to authorities.
Dated: December 20, 2001
To&
John Matlak
Assistant Vice President
ALL THAT CERTAIN piece or parcel of land situated in the Borough of Wormleysburg,
County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern line of Locust Street, said point being at a distance of
37 feet measured in a westerly direction from the southwestern corner of Locust Street and
River Alley; thence in a southerly direction along land of James O. Wilson by line parallel
with River Alley 58 feet to a point on the line of lands now or late of H.P. Sipe; thence in a
westerly direction along the last mentioned line 73 feet to a point on the line of lands of
United Brethen Church; thence in a northerly direction along the last mentioned land 58 feet
to a point on the southern line of Locust Street; thence in an easterly direction along the
southern line of Locust Street 73 feet to a point, the place of BEGINNING.
HAVING thereon erected a 2 story single frame dwelling house, covered with stucco, known
and numbered as 15 Locust Street.
BEING PARCEL NO.47-24-1858-113
BEING part of lot No. 40 in the general plan of the Village of Wormleysburg.
Title of Record appears to be vested in Jerome VanNest & Honor H. VanNest, By Deed
from Georgiana Wanbaugh, widow dated 4/5/1958 and Recorded 4/7/1958 in Cumberland
County in Record Book I18- Page 505.
EXHIBIT "A"
Jerome Van
15-A Locust St.
Wormleysburg, PA 17043
Date of this Notice: Mmeh 19, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender inten&q to foreclose. Sp~ifle,
information about the nature of the default is provided in the ~_-_~ched pa~es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home.
This Notice explains how the prob,.tn works.
To see ifHEMAP can help, you must MEF. T WITH A CONSUMER CREDIT COUNSI~.I.INO AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you mm with the Couus~ling Agency.
The name, address and phone number of Consumer Credit Agencies serving your County ar, listed at the end of thi.q
Notice. If you have any questions, you may call the penn.qylvania Hon.qing Finance Agency toll free at 1-800-342-2397.
~ersons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Comer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney irt your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SIJ' DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL COiXrI~XllI~ DE ESTA. NOTIFICACION
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PEN1NSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SE~ ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORT~-.AGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO AI~ I~I~IMIR SU
HIPOTECA.
HOMEOWNER'S NAME: Jerome Van/Honor J. Van
PROPERTY ADDRESS: 15-A Locust St., Wormlegsburg, PA 17043
LOAN ACCT. NO.: 040-01-008012686998
ORIGINAL LENDER: PNC
CURRENT LENDER/SERVICER: PNC Bank, NA
EXHIBIT "B"
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGI~dVI
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE V~HCH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAY1MENTS
IF YOU COMPLY WITH T~IF, PROVISIONS OF T~ HOMEOWNER'S EMERGEI~CY MORTGAGE
ASSISTANCE ACT OF 1983 ~ "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLF, TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OT/rl~,R ELIGIBILITY REQUIREMENTS ESTABLIS~IF, D BY TI:IF, PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tca~>xary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arzange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT 00) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TI-lIS NOTICE CALLED
"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- ffyou meet with one of the constaxner credit conn.~eling
agencies listed at the end of this notice, the lender may NOT take action agaln,qt you for thirty (30) days after the date of
this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-
face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) ffyou have tried and are
unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Progran~ To do so, you must fill out, sign and file a complete:d Homeowner's
Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IY YOU FAH, TO DO SO OR IF YOU DO NOT
FOLLOW ~ OT~ER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTG,~GE ASSISTANCE
WILL BE DENIED.
EXHIBIT "B"
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Fi~ar~ce Agency has sixty
(60) days to make a decision after it receives your applicatio~ During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY ~ FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSH)ERED AS AN ATTEMPT TO COLLECT ~ DE~T.
(If you have f'ded bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it ui~ to date)-
NATURE OF TI~ DEFAULT- The MORTGAGE debt held bythe above lender on your prol~erty located at:
15-A Locust St., Wormleysburg, PA 17043
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthly payments in the amounts of $867.57 for each of the months from Jammry 2001 through March 2001.
Other charges (explain/itemize): Late Charges for $86.74
TOTAL AMOUNT PAST DUE: $2~689.45
HOW TO CURE TI~ DEFAULT - You may cure the default within THIRTY (30) DAYS of' the date of this notice
BY PAYING ~ TOTAL AMOUNT PAST DUE TO Tlql~. LENDER, WHICH IS $2,689.45, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE I]-IIRTY (30) DAYS
PERIOD. Payments most be made either by cash~ ca.~hier's checl~ certified check or money order 1T~de payable and sent
to.'
PNC Bank, NA, 2730 Liberty Avenue, 2"d Floor, Mail~op: P5-PWLC-02-I, Pittsbumh, PA 15~-~
IF YOU DO NOT CURE Tl~ DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mort~ao_e debt. This nx~ans that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose uoon your morteaeed prol~ertv.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by ttxe Sheriffto pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the leader begins legal
proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reazonable attorney fees actually incurred
by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) D3~'Y period~ you will not
be required to pay attorney fees.
OTHER LENDER REMEDI~g - The lender may also sue you personally for the un.mid principal balance and all other
sums due under the mortgage.
EXHIBIT "B"
RIGHT TO CURE THE DEFAULT PRIOR TO SHF~RIFF'S SALF~ - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the fight to crtre the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by oaring the total am,~unt then
due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with Sheriff's Sale as specified in writing by the lender and by perforr~ing any other
requirements under the mortgage_ Curing your default in the manner set forth in this uotiee ~ restore your
mortgage to the same position as if Sou had never defaulted.
EARLIEST POSSIBLE SI~F. RIFF'S SAI,E DATE, - It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximutely six months from the Date of this Notice. A notice of
the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount noeded to cure the default
will increase the longer you wait. You may fred out at any time exactly what the required paym~='nt or action will be by
contacting the lender.
HOW TO CONTACT THI~. LENDER: Name of Lender: PNC Bank~ NA
Address: 2730 Liberty Avenue, 2~d Floor, Mail.~op: P5-PWLC-02-I, Pittsburgh~ PA 1522~
Phone Number: (412) 762-8972 or 1-800-878-0027
Contact Persou: Jeffrey McAdoo
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your fight to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove
you and your furnishings and other belon~ngs could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or trarxsferee who will assume
the mortgage debt.
YOU MAY ALSO HAVE TILE. RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE I)EBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS I)~.BT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DI-~I~AULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TI-RS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PR_(DCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCI-~ ACTION BY TI-IE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
Dale Hayhurst
PNC Bank, National Association
cc: 1" Class U.S. Mail, postage prepaid
EXHIBIT "R"
CONSUMER CREDIT COUNSELING AGENCIES SERVIN~ YOUR CO~ (see attached)
Honor J. Van
15-A Locust St.
Wormleysburg, PA 17043
Date of this Notice: March 19, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lendox intends., to foreclose. Specific
information about the nature of the default is provided in the ~-_~ched ?~es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home.
This Notice explains how the program workq
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSFJ.IN~- AGENCY W1THIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin~ A._oen_cv.
The name, address and phone number of Consumer Credit Aaeneies. serving your County ar~ listed at the end ofthi,~
Notice. If you have any questions, you may call the Pennsylvania Hottqing Finance Agency toll free at 1-800-342-2397
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney ir~ your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADFUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SLY DERECHO A
CONTINUAR VIVIE~ EN SU CASA. SINO COMERENDE RL CONTENIDO DE ESTA. NOTIFICACION
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PElq-INSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SE;IR ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LLAIVlADO "HOMEOWNER'S EMERGENCY MORTC~AGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A I~EDIMIR SU
H1POTECA.
HOMEOWNER'S NAME: Jerome Van / Honor J. Van
PROPERTY ADDRESS: 15-ALocust St., Wormlegsburg, PA 1704~
LOAN ACCT. NO.: 040-01-008012686998
ORIGINAL LENDER: PNC
CURRENT LENDER/SERVICER: PNC Bank, NA
EXHIBIT "B"
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROr,:
FORECLOSURE AND H ~;I ,p YOU MAKF~ FUTURE MORTGAGE PAYI~IENTE
IF YOU COMPLY WITH Tl~ PROVISIONS OF TIH~ HOMEOWNER'S EMERGEI~ICY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUH;tEMENTS ESTABLISHED BY ~l'l:l~. PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURF. - Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must ax-a-ange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN TI-IF. NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMER~F. NCY MORTGAGE
ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TI--~I~ NOTICE CAI J.g.13
"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSFJ.ING AGENCI~..~ -- If you meet with one of the constuner credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of
this meeting. The names, addresses and telephone nnmhers of desi~,.ated consumer credit couriselin~ agencies for
county in which the property is loca_t_~_ are set forth at the end of this Notice. It is only necessary to schedule one face-to-
face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the fight to apply for financial assistance fi'om the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a comnletod Homeowner's
Emergency Program Application with one of the designated consumer counseling agencies'listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAH, TO DO SO OR IF YOU DO NOT
FOLLOW ~ OTNE, R TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IM3VIEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
EXHIBIT "B"
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Homing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY ~ FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMFF TO COI,LECT ~ DElfT.
(If you have filed bankruptcy you can still apply for F~mergency Mortgage A ns~stance.)
HOW TO CURE YOUR MORTGAGE DEFAULT {Bring it up to date):
NATURE OF THE DEFAULT - The MORTGAGE debt held bythe above lender on your property located at:
15-A Locust St., Wormleysburg, PA 17043
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthly payments in the amcmntn of $867.57 for each of the month.q from January 2001 through March 2001
Other charges (explain/itemize): Late Charges for $86.74
TOTAL AMOUNT PAST DUE: $2,689.45
HOW TO CURE T1YE~ DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING ~ TOTAL AMOUNT PAST DUE TO ~ LENDER, WHICH IS $2,689.45, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS
PERIOD. Payments must be made either by cash, cashier's check, certified check or money order mode payable and sent
to.'
PNC Bank, NA, 2730 Liberty Avenue, 2"a Floor, Mailstop: PS-PWLC-02-I, Pittsburgh, PA 1522~
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (3 O) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mor~_oa_2e debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to in.qtruct its attorneys to start legal action to foreclose upon your mortgaeed prooertv.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by ttx¢ Sheriffto pay offthe
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender beans legal
proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable attorney f~--~ actually incurred
by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the TlllRTY (30) D,4~Y period~ you will ~o~_
be required to pay attorney fees.
OTHER LENDER REMEDIF~S - The lender may also sue you personally for the unpaid prinoipal balance and all other
sums due under the mortgage.
EXHIBIT "B"
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by oavin~ the total amount then past
due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may fred out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT T~ LENDER: Name of Lender: PNC Bank, NA
Address: 2730 Liberty Avenuel 2~d Floor, Mailstop: P5-PWIA2-02-I, Pittsburgh, PA 15222
Phone Number: (412) 762-8972 or 1-800-878-0027
Contact Person: Jeffrey McAdoo '.
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your fight to oocupy it. If you e~minue to live in the property after the Sheriff's Sale, a lawsuit to remove
you and your furnishings and other belon~ngs could be starte~ by the lender at any time.
ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or Wansferee who will assume
the mortgage debt.
YOU MAY ALSO HAVE THI~, RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE '
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
Dale Hayhurst
PNC Bank, National Association
Ce: Ist Class U.S. Mall, postage prepaid
EXHIBIT "B"
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached)
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-00138 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
VANNEST JEROME ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
VANNEST JEROME
unable to locate Him
COMPLAINT - MORT FORE
but was
in his bailiwick. He therefore returns the
the within named DEFENDANT , VANNEST JEROME
HOUSE IS VACANT. PER POST OFFICE, HE
MOVED, LEFT NO FORWARDING ADDRESS.
, NOT FOUND , as to
Sheriff's Costs:
Docketing 18.00
Service 11.04
Affidavit .00
Surcharge 10.00
.00
39.04
R./Th-on~as Klin~---'
Sheriff of Cumberland County
PHILLIPS CURTIN DIGIACOMO
01/29/2002
Sworn and subscribed to before me
this '/~ day
~0~2~ A.D.
Prot~h~'not ary
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-00138 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
VANNEST JEROME ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
VANNEST HONOR H
unable to locate Her
COMPLAINT - MORT FORE
but was
in his bailiwick. He therefore returns the
the within named DEFENDANT , VANNEST HONOR H
HOUSE IS VACANT. PER POST OFFICE, SHE
MOVED AND LEFT NO FORWARDING ADDRESS.
, NOT FOUND , as to
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
So answer. ~
Sheriff of Cumberland County
PHILIPS CURTIN DIGIACOMO
01/29/2002
Sworn and subscribed to before me
this ~ day of~_~7
;
~ A.D.
notary
TRUE COPY ,FROM RECORD
la Teaamm wl ered, I unle my Imm:l
PHILIPS CURTIN & DI GIACOMO
s¥~ PHILIP G. CURTIN, ESQUIRE
~DENT,F,CAT,ONNO. 52324
SUITE 300
1211 CHESTNUT STREET
PHILADELPHIA, PENNSYLVANIA 19107
(215) 563-7700
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
VS.
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
ATTORNEY FOR
PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
DIVISION
TERM,
CIVIL ACTION - MORTGAGE FORECLOSURE
"NOTICE
"You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, 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 turther notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff,
YOU may lose money or property or other rights important to you.
"YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(800) 990-9108
"AVlSO
"Le hah demandado a usted en la corte. Si usted quiere defenderse de
estas demandas expuestas en las pAginas siguientes, usted tiene veinte
(20) dias, de plazo al partir de la fecha de la demanda y la notificati~,n.
Hace falta asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si
uated no se defiende, la corte tomara medidas y puede continuar la
demanda en contra suya sin previo aviso o notificacion. Adem~is, la
corte puede decidir a favor del demandante y requiere gue usted
cumpia con todas las provisiones de esta demanda. Usted puede perder
dinero o sus propiedades u otros derechos importantes para usted.
"LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE
DE P. AGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFIClNA CUYA DIRECCI(JN SE ENCUENTRA
ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENClA LEGAL.
ASSOClACION DE LICENDIADOS DE FILADELFIA
SERVICIO DE REFENClA E INFORMAClON LEGAL
One Reading Center
Filadelfia, Pennsylvania 19107
Tel~fono: (215) 238-1701"
1. The Plaintiff is PNC Bank, National Association organized
under the laws of the United States of America with its registered
office at PNC Bank, National Association, Consumer Loan Center,
2730 Liberty Avenue, Pittsburgh, PA 15222.
2. Defendants Jerome Van Nest and Honor H. Van Nest, the
mortgagors and real owners of the premises described in Paragraph
5 below, who reside at 15 A Locust Street, Wormleysburg, PA 17043.
3. On March 31, 1999, Jerome Van Nest and Honor H. Van Nest
executed and delivered a mortgage upon premises hereinafter
described to PNC Bank, National Association, which mortgage is
recorded in the Recorder of Deeds of Cumberland County,
Pennsylvania in Mortgage Book 1588, Page 73 on April 16, 1999 which
mortgage is incorporated herein by reference.
4. The said mortgage has not been assigned.
5. The premises subject to the said mortgage is 15 A Locust
Street, Wormsleyburg, PA 17043 as more fully described in Exhibit
"A" attached hereto and made a part hereof.
6. The said mortgage is in default because the monthly
installments of principal and interest thereon due on January 13,
2001 and on the 13th day of each month thereafter are due and have
not been paid and by the terms of the said mortgage upon failure to
make such payments when due the whole of said principal and all
interest due thereon, together with all recoverable sums and
attorneys fees is collectable forthwith.
7. The following amounts are due on the said mortgage:
Principal of said mortgage debt due and unpaid $87,649.63
Interest from 1/13/01 to 12/19/2001 at 7.49%
($ 17.9861 per diem) 6,115.27
Foreclosure search 270.00
Late Charges 130.11
Appraisal 150.00
Attorneys fees (which are reasonable, authorized
under the mortgage and/or actually incurred by
Plaintiff as provided in § 406 (2) Act of
1974 (41 P.S. § 406(2)) $ 4,700.00
AMOUNT DUE $99,015.01
8. The Combined Notice has been sent to the Defendants by
regular and certified mail pursuant to the provisions of P.L. 1248
No. 160 (35 P.S. Section 1680 et seq.) on the date(s) set forth in
the true and correct copy of such notice(s) attached hereto as
Exhibit "B."
9. Pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. § 1692 et seq. (1977), Defendants may dispute the validity of
the debt or any portion thereof. If Defendants do so in writing
within thirty (30) days of receipt of this pleading, Counsel for
Plaintiff will obtain and provide Defendants with written
verification hereof; otherwise, the debt will be assumed to be valid.
Likewise, if requested within thirty (30) days of receipt of this
pleading, Counsel for Plaintiff will send Defendants the name and
address of the original creditor if different from above.
WHEREFORE, Plaintiff demands as in rem Judgment against
Defendants in the sum of $99,015.01, together with interest from
December 19, 2001 at the rate of $17.9861 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage
and for the foreclosure and sale of the mortgaged property.
P IPS, IN & DiGIACOMO
PHILIP G.~CURTIN, ESQUIRE
2
VERIFICATION
I, John Matlak, being of an officer of Plaintiff do hereby verify that the facts set forth in
the foregoing pleading are true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unswom falsifications to authorities.
Dated: December 20, 2001
John Matlak
Assistant Vice President
ALL THAT CERTAIN piece or parcel of land situated in the Borough of Wormleysburg,
County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern line of Locust Street, said point being at a distance of
37 feet measured in a westerly direction fi.om the southwestern corner of Locust Street and
River Alley; thence in a southerly direction along land of James O. Wilson by line parallel
with River Alley 58 feet to a point on the line of lands now or late of H.P. Sipe; thence in a
westerly direction along the last mentioned line 73 feet to a point on the line of lands of
United Brethen Church; thence in a northerly direction along the last mentioned land 58 feet
to a point on the southern line of Locust Street; thence in an easterly direction along the
southern line of Locust Street 73 feet to a point, the place of BEGINNIi~G.
HAVING thereon erected a 2 story single frame dwelling house, covered with stucco, known
and numbered as 15 Locust Street.
BEING PARCEL NO.47-24-1858-113
BEING part of lot No. 40 in the general plan of the Village of Wormleysburg.
Title of Record appears to be vested in Jerome VanNest & Honor H. VanNest, By Deed
fi.om Georgiana Wanbaugh, widow dated 4/5/1958 and Recorded 4/7/1958 in Cumberland
County in Record Book I 18- Page 505.
EXHIBIT "A"
Jerome Van
15-A Locust St.
Wormleysburg, PA 17043
Date of this Notice: March 19, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortRage on your home is in default, and the l~dg intena_.q to foreclose. Specific,
information about the nature of the default is pro~d_~_ in the ~.aehed pa,;es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your homc_
This Notice explains how the program works.
To see if HEMAP can help, you m-st MEET WITH A CONSUMER CREDIT COUNSI~J.IN~' AGE2qCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you When you meet with tl2e Counseling Agency.
The name, address and phone number of Consumer Credit Agencies serving your CounW ar~ listed at the end ofthi~
Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney irt your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SIJ DERECHO A
CONTINUAl{ VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA- NOTIFICACION
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PEN-INSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUF_J)ES SEIR ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTG~a~GE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A I~ F. DIMIR SU
HIPOTECA.
HOMEOWNER'S NAME: Jerome Van / Honor $. Van
PROPERTY ADDRESS: 15-A Locust St., Wormleysburg, PA 17043
LOAN ACCT. NO.: 040-014)08012686998
ORIGINAL LENDER: PNC
CURRENT LENDER/SERVICER: PNC Bank, NA
E×IdlBII "B"
HOMEOXArNER'S EMERGENCY MORTGAGE ASSISTANCE PROGI~kM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAY-IMI~NTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGEI~ICY MORTGAGE
ASSISTANCE ACT OF 1983 ~ "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTI:IF~R ELIGIBILITY REQUIREMENTS ESTABLIS~IF~D BY ~"l:l~, PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a t~rary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must a~ xange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN TI:fE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERG]~2qCY MORTGAC, g.
ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TI-rig NOTICE CA!
"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLARqS HOW TO BRING YOUR tqIORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCI'I~.~q - If you meet with one of the constuner credit coun,~eling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (3 0) days after the date of
this meeting. The names, addresses and telephone numbers of desigvot_~ consumer credit coun~elin.o, aEeneies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-
face meeting. Advise your lender irmnediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCI~, - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) I/you have tried and are
unable to resolve this problem with the lender, you have the fight to apply for financial assistance fxom the Homeowner's
Emergency Mortgage Assistance Program To do so, you must fill out, sign and file a completed Homeowner's
Emergency Program Application with one of the desi~onated consumer counseling agencies listod at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked w~thin thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FP, H, TO DO SO OR IF YOU DO NOT
FOLLOW ~ OTI~.R TIME PERIODS SET FORTH IN TicHS LE~rER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
EXHIBIT "B"
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Penn.~ylvania Housing Finance Agency has sixty
(60) days to make a decisiun after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTlCD BY TtlE FELING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT ~ DEI~T.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date):
NATURE OF THeE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
15-A Locust St., Wormleysburg, PA 17043
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthly payments in the amounts of $867.57 for each oftbe month.~ from January 2001 through March 2001.
Other charges (explain/itemize): Late Charges for $86.74
TOTAL AMOUNT PAST DUE: $2~689.45
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO Tl~i~. LENDER, WHICH IS $2,689.45, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE ~I-~IIRTY (30) DAYS
PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and se,,:
to.'
PNC Bank, NA, 2730 Liberty Avenue, 2'a Floor, ldai!~op: P5-PWI,C-02-I, Pittsb~gh, PA 15279
t~' Y.?.U. DO..N?T .C .U~. Ti~E. DEFAULT - If you do not cure the default within THIRTY (3 O) DAYS of the date of
s ~ouee, ~ne lender intends to exercise its riohtn to accelerate the mortgage deL;. This nxeans that the entire
outstanding balance of this debt will be eonsidere~ due immediately and you may lose the chancre to pay the mortgage in
monthly installments, fffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to staxt legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold bythe Sheriffto pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings agaln.~t you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred
by the lender even iftbey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the TmRTY (30) DA~Y i~riod~ you will n~-'
be required to pa], attorney fees.
OTHER LENDER REMED1-F~.~ - The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
EXHIBIT "B"
RIGHT TO CURE THE DEFAULT PRIOR TO SI~.RII~F'S SAI,~ - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to c~u'e the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then~ pa~t
due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale
any other costs connected with Sheriff's Sale as specified in writing by thc lender and by perfornning any other
requirements under the mortgage, Curing your default in the manner set forth in this notice an, ill restore your
mortgage to the same position as if 3~ou had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SAI,~ DATE, - It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may fred out at any time exactly what the required paym~nt or action will be by
contacting the lender.
HOW TO CONTACT THE I.~NDER: Name of Lender: PNC Bang, NA
Address: 2730 Liberty Avenue, 2~ Floor, Mailstop: P5-PWLC-02-I, Pittsburgh, PA 152~9
Phone Number: (412) 762-8972 or 1-800-878-0027
Contact Person: Jeffi-ey McAdoo
EFFECT OF SRERIFF'S SAI,I~, - You should realize that a Sheriff's Sale will end your owno~hip of the mortgaged
property and your right to occupy it. If you continue to live ia the property aRer the Sheriff's Sale, a lawsuit to remove
you and your furnishings and other belon~ngs could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or traxsferee who will assume
the mortgage debt.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE I~EBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DI~BT.
· TO HAVE THIS DEFAULT CURED BY A_NY THIRD PARTY ACTING ON YOUR i~EHAi.F.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TH~S RIGHT TO CURE
YOUR DEFAULT MORE THAN TffREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PKOCEEDING OR ANY
OTI~.P,. LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCI~ ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Dale Hayhurst
PNC Bank, National Association
CC: 1't Class U.S. Mail, postage prepaid
EXHIBIT "R" _
CONSUMER CREDIT COUNSELING AGENCIES SERVII~G YOUR CO~ (see attached)
Honor J. Van
15~A Locust St.
Wormleysburg, PA 17043
Date ofthi-'~ Notice: March 19, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific,
information about the nature of the default is provided in the ~-__~ehed pal~es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM {I-IEMAP) may be able to help save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MI~.F.T WITH A CONSUMER CREDIT COUNSel.INCr. AGENCY WIYI-IIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with t!ae Counseling Agency.
The name, address and phone number of Consumer Credit Agencies serving your County ar~. listed at the end of thin
Notice. If you have any questions, you may call the Pennsylvania HouninE Finance Agency tol.1 free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consa~mer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SLY DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTP~ NOTIFICACION
OBTENGA UNA TRADuccIoN INMEDITAMENTE LLAMANDO ESTA AGENCIA (PEb/lXlSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SEI~ ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A ~ g. DIMIR SU
I-m~OTECA.
HOMEOWNER'S NAME: Jerome Van / Honor J. Van
PROPERTY ADDRESS: 15-A Loenst St., Wormleysburg, PA 17043
LOAN ACCT. NO.: 040-01-008012686998
ORIGINAL LENDER: PNC
CURRENT LENDER/SERVICER: PNC Bank, NA
EXt-IIBIT "B"
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIIICH CAN SAVE YOUR HOME FROI~!
FORECLOSURE AND H~ .p YOU MAKE FUTURE MORTGAGE PAY-IVIENTR
IF YOU COMPLY WITH THi~ PROVISIONS OF TI/F~ HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGEI~ICY MORTGAGE
ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCIg~STANCES 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 ~ PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURF. - Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must aa Jange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TI:IlS MEETING
MUST OCCUR WITIIIN TicI-E~ NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMEROENCY MORTGAGE
ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TI-IIS NOTICE CAI .I.ED
"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE:
CONSUMER CREDIT COUNSEl,lNG AGENCIES -- If you meet with one of the consruner credit counseling
~.se?ies. !isted~at the end of..t~is notice, the lender may NOT take a. ction against you for thirty (B0) days at~er the date of
meexmg, j ne names, addresses and telephone numbers of desL .on~t _od consumer credit coon.qeling a~cies for th,'
county in which the property is locat~ are set forth at the end of this Notice. It is only necessax~ to schedule one face-to-
face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for ttxe reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) ffyou have tried and are
unable to resolve this problem with the lender, you have the fight to apply for financial assistance fxom the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fdl out, sign and file a completod Homeowner's
Emergency Program Application with one of the designated consumer counseling agencies listod at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAH, TO DO SO OR IF YOU DO NOT
FOLLOW ~ OTHF, R TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORT(AGE ASSISTANCE
WILL BE DENIED.
EXHIBIT "B"
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency ~ sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF Tins NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COI,LECT THE DEI~T.
(If you have filed bankruptcy you can still apply for Emergency Mortg~_ge Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to d~te)-
NATURE OF ~ DEFAULT - The MORTGAGE debt held bythe above lender on your property located at:
15-A Locust St., Wormleysburg, PA 17043
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthly payments in the amount8 of $867.57 for each of the month.q fi.om January 2001 through March 2001.
Other charges (explain/itemize): Late Charges for $86.74
TOTAL AMOUNT PAST DUE: $2~689.45
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING TI:i~ TOTAL AMOUNT PAST DUE TO THE~ LENDER, WHICH IS $2,689.45, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS
PERIOD. Payments must be made either by ca.~h, cashier's check, certified chec_.k or money order trade payable and sent
to.~:
PNC Bank, NA, 2730 Liberty Avenue, 2"a Floor, Mallstop: PS-PWI,C-02-I, Pittsburgh, PA 152~9
IF YOU DO NOT CURE ~ DEFAULT- If you do not cure the default within THIRTY (3 O) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire
Outstanding balance of this debt will be considered due immediately and you may lose the chanoe to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon your mortzazed property.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay offthe
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender be~m legal
proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all rensomble attorney fees actually incurred
by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period~ you will not
.b.e required to pay attorney fees.
OTHER LENDER REMEDIi~.,q - The lender may also sue you personally for the unpaid principal balance and all other
;um.q due under the mortgage.
E^ ,,,-,,
RIGItT TO CURE TIlE DEFAULT PRIOR TO Si~ERIFF'S SAI.I~. - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past
due, plus any late or other charRes then due, reasonable attorney's fees and costs connected with the foreclosure sale
any other costs connected with Sheriff's Sale as specified in writing by the lender and by perfol'rnin~ any other
requirements under the mortRage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE S]~ERIEF'S SAI.~ DATE, - It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual date of the Sheriff' s Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT TI~ I,F. NDER: Name of Lender: PNC Bank, NA
Address: 2730 Liberty Avenue, 2m Floor, Marlstop: PS-PWLC-02-I, Pittsbur~ PA 15~-2
Phone Number: (412) 762-8972 or 1-800-878-O027
Contact Person: Jeffrey McAdoo
EFFECT OF SFFERIFF'S SAI,E - You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at anytime.
ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or tr~r~sferee who will assume
the mortgage debt.
YOU MAY ALSO tlAVE ~ RIGItT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURR~.D, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEFAULT MORE THAN THRRR TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
Dale Hayhurst
PNC Bank, National Association
cc: Ia Class U.S. Marl, postage prepaid
EXHIBIT "B"
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached)
PHILIPS CURTIN & DI GIACOMO
BY: PH"r:Tp ~o CURTTNi ESQUTRE
IDENTIPiCATION NO. 52324
SUITE 300
1211 CHESTNUT STREET
PHILADELPHIA, PENNSYLVANIA 19107
(215) 563-7700
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
VS.
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
ATTORNEY FOR
PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
DIVISION
TERM,
No. OA --
CIVIL ACTION - MORTGAGE FORECLOSURE
"NOTICE
"You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by
the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
"YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE.
Il: YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(800) 990-9108
"AVlSO
"Le han demandado a usted en la corte. Si usted quiere defenderse de
estas demandas expuestas en las p~ginas siguientes, usted tiene veinte
(20) dias, de plazo al partir de la fecha de ia demanda y la notificatidn.
Hace falta asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si
usted no se defiende, la corte tomara mediclas y puede continuar la
demanda en contra suya sin previo aviso o notificacion. Adem~is, la
corte puede decidir a favor del demandante y requiere que usted
cumpla con todas las provisiones de esta demanda. Usted puede perder
dinero o sus propiedades u otros derechos importantes para usted.
"LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI NO TtENE ABOGADO O SI NO TIENE EL OINERO SUFICIENTE
DE PAGAR TAL SERVIClO, VAYA EN PERSONA O LLAME POR
TELI~FONO A LA OFICINA CUYA DIRECCI(~N SE ENCUENTRA
ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
ASSOCIACION DE LICENDIADOS DE FILADELFIA
SERVIClO DE REFENClA E INFORMACION LEGAL
One Reading Center
Filadelfia, Pennsylvania 19107
Tel~fono: (215) 238-1701"
1. The Plaintiff is PNC Bank, National Association organized
under the laws of the United States of America with its registered
office at PNC Bank, National Association, Consumer Loan Center,
2730 Liberty Avenue, Pittsburgh, PA 15222.
2. Defendants Jerome Van Nest and Honor H. Van Nest, the
mortgagors and real owners of the premises described in Paragraph
5 below, who reside at 15 A Locust Street, Wormleysburg, PA 17043.
3. On March 31, 1999, Jerome Van Nest and Honor H. Van Nest
executed and delivered a mortgage upon premises hereinafter
described to PNC Bank, National Association, which mortgage is
recorded in the Recorder of Deeds of Cumberland County,
Pennsylvania in Mortgage Book 1588, Page 73 on April 16, 1999 which
mortgage is incorporated herein by reference.
4. The said mortgage has not been assigned.
5. The premises subject to the said mortgage is 15 A Locust
Street, Wormsleyburg, PA 17043 as more fully described in Exhibit
"A" attached hereto and made a part hereof.
6. The said mortgage is in default because the monthly
installments of principal and interest thereon due on January 13,
2001 and on the 13th day of each month thereafter are due and have
not been paid and by the terms of the said mortgage upon failure to
make such payments when due the whole of said principal and all
interest due thereon, together with all recoverable sums and
attorneys fees is collectable forthwith.
7. The following amounts are due on the said mortgage:
Principal of said mortgage debt due and unpaid $87,649.63
Interest from 1/13/01 to 12/19/2001 at 7.49%
($ 17.9861 per diem) 6,115.27
Foreclosure search 270.00
Late Charges 130.11
Appraisal 150.00
Attorneys fees (which are reasonable, authorized
under the mortgage and/or actually incurred by
Plaintiff as provided in § 406 (2) Act of
1974 (41 P.S. § 406(2)) $ 4,700.00
AMOUNT DUE $99,015.01
8. The Combined Notice has been sent to the Defendants by
regular and certified mail pursuant to the provisions of P.L. 1248
No. 160 (35 P.S. Section 1680 et seq.) on the date(s) set forth in
the true and correct copy of such notice(s) attached hereto as
Exhibit "B."
9. Pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. § 1692 et seq. (1977), Defendants may dispute the validity of
the debt or any portion thereof. If Defendants do so in writing
within thirty (30) days of receipt of this pleading, Counsel for
Plaintiff will obtain and provide Defendants with written
verification hereof; otherwise, the debt will be assumed to be valid.
Likewise, if requested within thirty (30) days of receipt of this
pleading, Counsel for Plaintiff will send Defendants the name and
address of the original creditor if different from above.
WHEREFORE, Plaintiff demands as in rem Judgment against
Defendants in the sum of $99,015.01, together with interest from
December 19, 2001 at the rate of $17.9861 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage
and for the foreclosure and sale of the mortgaged property.
PHILIP G. CURTIN, ESQUIRE
VERIFICATION
I, John Matlak, being of an officer of Plaintiff do hereby verify that the facts set forth in
the foregoing pleading are true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §491M relating to unswom falsifications to authorities.
Dated: December 20, 2001
John Matlak
Assistant Vice President
ALL THAT CERTAIN piece or parcel of land situated in the Borough of Wormleysburg,
County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern line of Locust Street, said point being at a distance of
37 feet measured in a westerly direction from the southwestern comer of Locust Street and
River Alley; thence in a southerly direction along land of James O. Wilson by line parallel
with River Alley 58 feet to a point on the line of lands now or late of H.P. Sipe; thence in a
westerly direction along the last mentioned line 73 feet to a point on the line of lands of
United Brethen Church; thence in a northerly direction along the last mentioned land 58 feet
to a point on the southern line of Locust Street; thence in an easterly direction along the
southern line of Locust Street 73 feet to a point, the place of BEGINNING.
HAVING thereon erected a 2 story single frame dwelling house, covered with stucco, known
and numbered as 15 Locust Street.
BEING PARCEL NO.47-24-I 858-I 13
BEING part of lot No. 40 in the general plan of the Village of Wormleysburg.
Title of Record appears to be vested in Jerome VanNest & Honor H. VanNest, By Deed
from Georgiana Wanbaugh, widow dated 4/5/1958 and Recorded 4/7/1958 in Cumberland
County in Record Book I18- Page 505.
EXHIBIT "A"
Jerome Van
15-A Locust St.
Wormleysburg, PA 17043
Date of this Notice: March 19, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the l~nd~r inten&q to foreclose. Specific,
information about the nature of the default is provided in the ~-~¢hed ~,~.es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM 0tEMAP) may be able to help save your home.
This Notice explains how the program works.
To see if I-IEMAP can help, you mu.qt MEF. T WITH A CONSUMER CREDIT COUNSFJ JN~' AGENCY WlTttlN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with tlae Counseling Agency.
The name, address and phone numh~ of Consumer Credit Agencies serving your County are listed at the end of thia
Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with impaired hearing can call {717) 780-1869}.
This Notice contains important legal information. If you have any questions, representativ~ at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney irx your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SlY DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA- NOTIFICACION
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (P~SYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SEI:~ ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORT~.AGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A I~EDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME: Jerome Van/Honor J. Van
PROPERTY ADDRESS: 15-A Locust St., Wormleysburg, PA 17043
LOAN ACCT. NO.: 040-01-008012686998
ORIGINAL LENDER: PNC
CURRENT LENDER/SERVICER: PNC Bank, NA
£×HIBII "B"
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR tlOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYlVIENTS
IF YOU COMPLY WITH THE PROVISIONS OF T~ HOMEOWNER'S EMERGE/qCY MORTGAGE
ASSISTANCE ACT OF 1983 (Tl~ "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHI~,R ELIGIBILITY REQUIREMENTS ESTABLISHED BY ITM PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempozary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must a~-a-ange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF Tld-Ig NOTICE CAT.T.~.D
"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (5~0) days after the date of
this meeting. The names, addresses and telephone numbers of desi..maated consumer credit Cm!n~eling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-
face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the tight to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Program Application with one of the designated consumer coungelin~ agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the proy~am and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thi~y (30) days of your face-to-face meeting_
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAH. TO DO SO OR 1~ YOU DO NOT
FOLLOW ~ OTHI~.R TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
EXHIBIT "B"
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Fixmnce Agency has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY TglE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TglE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to d~te):
NATIJRE OF ~ DEFAULT - The MORTGAGE debt held bythe above lender on your prol>erty located at:
15-A Locust St., Wormleysburg PA 17043
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMF. NTS for the following months and the following
amounts are now past due:
Monthly payments in the amounts of $867.57 for each of the months from January 2001 through March 2001.
Other charges (explain/itemize): Late Charges for $86.74
TOTAL AMOUNT PAST DUE: $2,689.45
HOW TO CURE ~ DEFAULT - You may cure the default within THIRTY (30) DAYS of' the date of this notice
BY PAYING T~ TOTAL AMOUNT PAST DUE TO Tl~ LENDER, WHICH IS $2,689.45, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE I'~IIRTY (30) DAYS
PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent
to.'
PNC Bank, NA, 2730 Liberty Avenue, 2~a Floor, Mailstop: P5-PWLC-02-I, Pittsburgh, PA 15229.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default w/thin THIRTY (3 O) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This nxean.q that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chancre to pay the mortgage in
monthly installments, fffull payment of the total amount past due is not made w/thin THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon yonr mortgaged l~ro~ertv.
IF TIt]g MORTGAGE IS FORECLO~qED UPON - The mortgage property will be sold by tlxe Sheriffto pay offthe
mortgage debt. Iftbe lender refers your ease to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actnally incurred
by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) D.&.'Y period~ you will not
be required to pay attorney fees.
OTHER LENDER REMEDIE,q - The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
EXHIBIT "B"
RIGHT TO CURE TItE DEFAULT PRIOR TO SIW. RIFF'S SAI.I~. - If you have not cured the default within the
TI-I~TY (30) DAY period and foreclosure proceedings have begun, you still have the right to cmre the default and
prevent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by oaring the total amount then past
due, plus any late or other charges then due, reasonable attorney's fees and costs connected wi-th the foreclosure sale and
any other costs connected with Sheriff's Sale as specified in writin~ by the lender and by perforr~in~ any other
requirements under the mortgage. Curing your default in the manner set forth in this notice ~vill restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIELE SHERIFF'S SAI,I~, DATE, - It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may fred out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT TI~'~ LF, NDER.. Name of Lender: PNC Bank~ NA
Address: 2730 Liberty Avenue, 2m Floor, Mailstop: P5-PWLC-02-I, Pittsburgh, PA 1529-2
Phone Number: (412) 762-8972 or 1-800-878-0027
Contact Person: Jeffi-ey McAdoo
EFFECT OF SHERIFF'S SAI,i~. - You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume
the mortgage debt.
YOU MAY ALSO P-_AVE ~ RIGItT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE I)EBT OR TO
BORROW MONEY FROM ANOTHF. R LENDING INSTITUTION TO PAY OFF THIS D~EBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE,FAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCI-~ ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
cC:
Dale Hayhurst
PNC Bank, National Association
Class U.S. Mail, postage prepaid
EXHI 31T "B"
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR CO~ (see attached)
Honor J. Van
15-A Locust St.
Wormleysburg, PA 17043
Date ofthi~ Notice: March 19, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific,
information about the nature of the default is provided in the attached pal~es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helu save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CRED1T COUN.qg.I.INCv AGENCY W1THIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency.
The ~ame, address and phone number of Consumer Credit Agencies serving your County are. listed at the end ofthi.~
Notice. If you have any questions, you may call the Pennsylvania Honning Finance Agency toll free at 1-800-342-2397.
(Persons with i~. ~ed hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SLY DERECHO A
CONTINUAR VIVIENI~ EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA. NOTIFICACION
OBTENGA UNA TRADucCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PElq-NS~V~ HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SE1R ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LI_AMADO "HOMEOWNER'S EMERGENCY MORTI:~AGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DEKECHO A !~ ~DIMIR SU
HIPOTECA.
HOMEOWNER'S NAME: Jerome Van/Honor J. Van
PROPERTY ADDRESS: 15-A Locust St., Wonnleysburg, PA 17043
LOAN ACCT. NO.: 040-01-008012686998
ORIGINAL LENDER: PNC
CURRENT LENDER/SERVICER: PNC Bank, NA
EXt-IIBIT
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGILAM
YOU MAY BE ELIGIBI,F. FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROI~,*.
FORECLOSURE AND I:IEI,P YOU MAk'F,, FUTURE MORTGAGE PAY-IVIENTS
IF YOU COMPLY WITH THi~ PROVISIONS OF T~ HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 ~ "ACT"), YOU MAY BE ELIGIBLE FOR EMERGElqCY MORTGAGE
ASSISTANCE:.
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TIlE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSUBF. - Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must a~.~ange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGL~'NCY MORTGAGE
ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF T/-II~ NOTICE CAI .!.F.D
"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR lvIORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSFJ,1NG AGENC/I~..~ -- If you meet with one of the cons, amer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of
this meeting. The name~, addresses and telephone numbers of designated consumer credit conr~eling ao°encies for the,
county in which the property is loc~t _~1 are set forth at the end of this Notice. It is only necessary to schedule one face-to-
face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasom set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Program Application with one of the designated consumer counseling agencies list~cl at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAll. TO DO SO OR IF YOU DO NOT
FOLLOW ~ OTHER TI1VIE PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME EMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
EXHIBIT "B"
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
TFI~ FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT ~ DElfT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)-
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
15-A Locust St., Wormleysburg, PA 17043
IS SERIOUSLY IN DEFAULT becanse:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthly payments in the amount~ of $867.57 for each of the months from Jannarv 2001 through March 2001.
Other charges (explain/itemize): Late Charges for $86.74
TOTAL AMOUNT PAST DUE: $2,689.45
HOW TO CURE THE. DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING ~ TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,689.45, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS
PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent
to.'
PNC Bank, NA, 2730 Liberty Avenue, 2"a Floor, Mai!~op: PS-PWLC-02-I, Pittsburgh, PA 15~?
IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (3 O) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to in.~tmct its attorneys to start legal action to foreclose upon your mort~aeed nroperty..
il* THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay offthe
mortgage debt. ffthe lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings a~oain~st you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00.
However, if legal proceedings are started a~ain~ you, you will have to pay all reasonable attorney fees actually incurred
by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) D.&-Y period~ you will not
be required to pay attorney fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other
~ due under the mortgage.
-~j
D
RIGHT TO CURE TI~E DEFAULT PRIOR TO SFIF~RIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past
due, plus any late or other charl~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as ffyou had never defaulted.
EARLIEST POSSIBLE SffI~RIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will inereaso the longer you wait. You may fred out at any time exactly what the required payraent or action will be by
contacting the lender.
IIOW TO CONTACT THF~ LENDER: Name of Lender: PlxlC Bank, NA
Address: 2730 Liberty Avenue, 2~ Floor, Mailstop: P5-PWLC-02-I, Pittsburgh, PA 15222
Phone Number: (412) 762-8972 or 1-800-878-0027
Contact Person: Jeffi-ey McAdoo
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume
the mortgage debt.
YOU MAY ALSO HAVE ~ RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTORTO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS D]~BT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (I-IOWEVEIL YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
Dale Hayhurst
PNC Bang, National Association
ce: 1~ Class U.S. Mail, postage prepaid
EXHIBIT "B"
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached)
III II
PHILIPS, CURTIN & DIGIACOMO
BY: PHILIP G. CURTIN, ESQUIRE
IDENTIFICATION NO: 52324
SUITE 300, 1211 CHESTNUT STREET
PHILADELPHIA, PA 19107
TELEPHONE NO: (215) 563-7700
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 2002-00138
MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT
Plaintiff, by its counsel, PHILIP G. CURTIN, ESQUIRE, moves
this Honorable Court for an Order directing service of the
Complaint in Mortgage Foreclosure and Notice of Sheriff's Sale upon
the above captioned Defendants Jerome VanNest and Honor Jane
VanNest by ordinary mail and by posting the mortgaged premises and
in support thereof avers the following:
1. Plaintiff has been unable to serve the Complaint in
Mortgage Foreclosure upon Defendants Jerome VanNest and Honor Jane
VanNest. A true and correct copy of the Sheriff of Cumberland
County's Return of Service is attached hereto, made a part hereof
and marked as Exhibit "A".
2. Pursuant to Pennsylvania Rule of Civil Procedure 430(a),
Plaintiff has made a good faith effort to locate the Defendants.
An Affidavit of Reasonable Investigation setting forth the specific
inquiries made and the results therefrom is attached hereto, made
a part hereof and marked as Exhibit "B".
W}{EREFORE, Plaintiff respectfully requests this Honorable
Court to enter an Order pursuant to Pennsylvania Rules of Civil
Procedure 410, 430 and 3129.2 directing service of the Complaint
and the Notice of Sheriff's Sale upon Defendants Jerome VanNest and
Honor Jane VanNest by ordinary mail and by posting of the mortgaged
premises.
PHILIPS, CURTIN & DiGIACOMO
PHILIP G. CURTIN, ESQUIRE
Attorney for Plaintiff
VERIFICATION
PHILIP G. CURTIN, ESQUIRE, hereby states that he is the
Attorney for the Plaintiff in this action, that he is authorized to
take this Affidavit, and that the statements made in the foregoing
Motion for Service of the Complaint in Mortgage Foreclosure
pursuant to special Order of Court are true and correct to the best
of. his knowledge, information and belief. The undersigned
understands that this statement herein is made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Date:
PHILIP G. CURTIN, ESQUIRE
Attorney for Plaintiff
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-00138 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
V~kN-NEST JEROME ET AL
R. Thomas Kline
duly sworn according to law, says, that he made a diligent
inquiry for the within named defendant, DEFENDANT
VANNEST JEROME
,Sheriff or Deputy Sheriff, who being
search and
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
, NOT FOUND , as to
, VAiqNEST JEROME
HOUSE IS VACANT. PER POST OFFICE, HE
MOVED, LEFT NO FORWARDING ADDRESS.
Sheriff's Costs:
Docketing 18.00
Service 11.04
Affidavit .00
Surcharge 10.00
.00
39.04
R. ZTh~or~as Kline~-
Sheriff of Cumberland County
PHILLIPS CURTIN DIGIACOMO
01/29/2002
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
EXHIBIT "A"
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-00138 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAIqD
PNC BANK NATIONAL ASSOCIATION
VS
VANNEST JEROME ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
VA/TNEST HONOR H but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
, NOT FOUND , as to
the within named DEFENDANT , VA/TNEST HONOR H
HOUSE IS VACANT. PER POST OFFICE, SHE
MOVED AND LEFT NO FORWARDING ADDRESS.
Sheriff.s Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
SO answer .s-f~- ..... ~'
R. (Thomas Kline
Sheriff of Cumberland County
PHILIPS CURTIN DIGIACOMO
01/29/2002
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
EXHIBIT "A"
Confidential
Investigative
Services, Inc.
Mary Curtin
Plaintiff: PNC Bank
County: Cumberland
VS.
Term #: 02-138 Civil Term
Defendant: Jerome & Honor Jane Vannest
Locate: JEROME VANNEST & HONOR J. VANNEST
Address Given: 15 A Locust Street, Wormleysburg, PA 17043
Law Offices of Philips, Curtin & DiGiacomo
1211 Chestnut Street, Suite 300
Philadelphia, PA 19107
AFFIDAVIT OF GOOD FAITH INVESTIGATION
LAST KNOWN ADDRESS
15-A Locust Street, Wormleysburg, PA 17043
INQUIRY OF U.S. POST OFFICE (FOIA)
2/19/02 The Wormleysburg Post Office indicates mail is good as addressed.
SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT
Directory Assistance indicates there is a non-published telephone number issued in the
last name Vannest at 15-A Locust St.
CONTACTS
Pastor Bill Gettins of St. Paul's United Methodist Church located at 2 Locust St. was contacted
and advised he is not familiar with the last name Vannest. He could provide no further assistance.
There are no other neighbors residing within close proximity with published telephone numbers.
I CERTIFY UNDER PENALTY OF PE1L1URY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I
UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNSWOKN
FALSIFICATION TO AUTHORITIES.
AFFIANT: .~_~6/,~._ ~
DIANE COWAN, CLI
235 South 13th S~eet
Philade~hia, PA 19107
(215) 546-7400
(800) 503-7400
Fax(215) 985-0169
SWO~vl~ & SUBSCRIBED BEFORE ME THIS 22ad
OF Fz6bi-uarv, 2002 /
N IC
Ci
EXHIBIT "B"
Court Filing
B&R
Services for Professionals Inc.
Process Serving ·
Court Reporting
Postmaster
WORMLEYSBURG, PA 17043
City, State, ZIP Code
Date: February 14, 2002
Please provide apartment number or
physical address information for post office box,
if applicable
Request for Change of Address or Boxholder
Information Needed for Services of Legal Process
PLEASE FURNISH THE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOXItOLDER) FOR THE FOLLOWING:
Name: JEROME VANNEST & HONOR J. VANNEST
Address: 1 -5:AJ~£US_TSIREF~T,.W~ 17043
NOTE: The name and last known address are required for change of address information. The name, if known,
and post office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 265.8(d)(6)(u). There is no fee for providing boxholder
information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2)
and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester is a process server.
2. Statute or regulation that empowers me to serve process is Pennsylvania Rules of Civil Procedure 400.1.
3. The names of all known parties to the litigation: PNC Bank vs. Jerome & Honor Jane Vanneat
4. The Court in which the case has been or will be heard: Cumberland County. Court of Common Plca~
5. The docket or other identifying number if one has been issued: ~
6. The capacity in which this individual is to be served is a de~lallt.
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY
PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL
PENALTIES INCLUDING A FINE OF UP ~ O 410,G00 OR iMPRISONMENT OR (2) TO AVOID PAYMI~IT OF THE FEE FOR CHANOI~ OF ADDRESS INFORMATION
OF NOT MOR~ THAN $ YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001)
i CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF
LEGAL P OCESS IN CONNECTION \/'1 r~ 1 ACTUAL OE PROSPECTIVE LITIGATION.
Sigr&ture - Address
Miehele Wataon
Printed Name
~Mail is good as addressed.
Philadelphia: PA 19107
City, State, ZIP Code
I;OR POST OFFICE USE ONLY
__ Not known at address given.
__ Moved, let~ no forwarding address.
__ N° such address.
NEW ADDRESS OR BOXHOLDER'S POSTMARK
NAME AND STREET ADDRESS
EXr!,B!Y
o~
n.
mr.,
EXHIBIT "B"
PHILIPS, CURTIN & DIGIACOMO
BY: PHILIP G. CURTIN, ESQUIRE
IDENTIFICATION NO: 52324
SUITE 300, 1211 CHESTNUT STREET
PHILADELPHIA, PA 19107
TELEPHONE NO: (215) 563-7700
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
Attorney For Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 2002-00138
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically
provides:
(a) If service cannot be made under the applicable rule
the Plaintiff may move the court for a special order
directing the method of service. The motion shall be
accompanied by an affidavit stating the nature and
extent of the investigation which has been made to
determine the whereabouts of the defendant and the
reasons why service cannot be made.
Note
An illustration of good faith effort to locate the
defendant includes (1) inquiries of postal authorities
including inquiries pursuant to the Freedom of
Information Act, 39 C.F.R. Part 265, (2) inquiries of
relatives, neighbors, friends, and employers of the
defendant and (3) examination of local telephone
directories, voter registration records, local tax
records, and motor vehicle records.
As set forth in the Return of Service, marked Exhibit "A", the
Sheriff of Cumberland County has been unable to serve the Complaint
upon Defendants Jerome VanNest and Honor Jane VanNest because the
house was vacant. An investigation to discover the whereabouts of
the Defendants Jerome VanNest and Honor Jane VanNest has been made
as evidenced by the attached Affidavit of Reasonable Investigation,
marked Exhibit "B".
W~EREFORE, Plaintiff respectfully requests service of the
Complaint in Mortgage Foreclosure and Notice of Sheriff,s Sale upon
Defendants Jerome VanNest and Honor Jane VanNest by ordinary mail
at their last known address at 15 A Locust Street, Wormleysburg, PA
17043 and by posting of the mortgage premises.
Respectfully Submitted,
HIL~ G.~URTI~, ESQUIRE
Attorney for Plaintiff
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-00138 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
VANNEST JEROME ET AL
R. Thomas Kline
duly sworn according to law, says, that he made a diligent
inquiry for the within named defendant, DEFENDANT
VANNEST JEROME
,Sheriff or Deputy Sheriff, who being
search and
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT ,
, NOT FOUND , as to
VANNEST JEROME
HOUSE IS VACANT. PER POST OFFICE, HE
MOVED, LEFT NO FORWARDING ADDRESS.
Sheriff,s Costs:
Docketing 18.00
Service 11.04
Affidavit .00
Surcharge 10.00
.00
39.04
So answer~. ~' ~ '" '[~'
R. /Thomas KilnS--
Sheriff of Cumberland County
PHILLIPS CURTIN DIGIACOMO
01/29/2002
Sworn and subscribed to before me
this day of
A.D.
Prothonotary EXHISII ~A;!
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-00138 p
COMMONWEALTH OF PENNSYLV/kNIA
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
VANNEST JEROME ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
VANNEST HONOR H
unable to locate Her
COMPLAINT - MORT FORE
but was
in his bailiwick. He therefore returns the
, NOT FOUND , as to
the within named DEFENDANT , V/kNNEST HONOR H
HOUSE IS VACANT. PER POST OFFICE, SHE
MOVED AND LEFT NO FORWARDING ADDRESS.
Sheriff,s Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
R. lThomas Kline
Sheriff of Cumberland County
PHILIPS CURTIN DIGIACOMO
01/29/2002
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
EXHIBIT "A"
Confidential
Investigative
Services, Inc.
Mary Curtin
Plaintiff: PNC Bank
County: Cumberland
VS.
Term #: 02-138 Civil Term
Defendant: Jerome & Honor Jane Vannest
Locate: JEROME VANNEST & HONOR J. VANNEST
Address Given: 15 A Locust Street, Wormleysburg, PA 17043
Law Offices of Philips, Curtin & DiGiacomo
1211 Qhestnut Street, Suite 300
Philadelphia, PA 19107
AFFIDAVIT OF GOOD FAITH INVESTIGATION
LAST KNOWN ADDRESS
15-A Locust Street, Wormleysburg, PA 17043
INQUIRY OF U.S. POST OFFICE (FOIA)
2/19/02 The Wormleysburg Post Office indicates mail is good as addressed.
SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT
Directory Assistance indicates there is a non-published telephone number issued in the
last name Vannest at 15-A Locust St.
CONTACTS
Pastor Bill Gettins of St. Paul's United Methodist Church located at 2 Locust St. was contacted
and advised he is not familiar with the last name Vannest. He could provide no fia-ther assistance.
There are no other neighbors residing within close proximity with published telephone numbers.
I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE.
IYNDERSTAND THAT FALSE STATEMENTS HEREIN' ARE MADE SUBJECT TO THE PENALTIES RELATING TO UN'SWORN
FALSIFICATION TO AUTHORITIES.
AFFIANT: ~C.~_..~ ~
DIANE COW , CLI
235 South 13th Street
Philadelphia, PA 19107
(215) 546-7400
(800) 503-7400
Fax (215) 985-0169
(~FWF~"b~m&evSUBSCR/BED BEFORE ME THIS 22nd
2002
EXHIBIT "B"
Court Filing
B&R
Services for Professionals Inc.
Process Serving ·
Court Reporting
Postmaster
WORMLF. YSBURG, PA 17043
City, State, ZIP Code
Date: February 14, 2002
Please provide apartment number or
physical address information for post office box,
if applicable
Request for Change of Address or Boxholder
Information Needed for Services of Legal Process
PLEASE FURNISH THE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF X BOXHOLDER) FOR THE FOLLOWING:
Name: JEROME VANNEST & HONOR J. VANNEST
Address: ] 5 --~LOCJd ST~S TR E~T,. ~fitO~MI~Y~Rl~a~ 17043
NOTE: The name and last known address are required for change of address information. The name, if known,
and post office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 265.8(dX6Xu). There is no fee for providing boxholder
information. The fee for providing change vt'address information is waived in accordance with 39 CFR 265.6(d)(1) and (2)
and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester is a process server.
2. Statute or regulation that empowers me to serve process is Pennsylvania Rules of Civil Procedure 400.1.
3. The names of all known parties to the litigation: PNC Bank vs. Jerome & Honor Jane Vann~..cl
4. The Court in which the case has been or will be heard: Cumberland County. Court of Common pio~,
5. The docket or other identifying number if one has been issued: -O2.d3]l
6. The capacity in which this individual is to be served is a ~.
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY
PURPOSE O~HER THAN THE SERVICE O F LEGAL PROC'~gS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIIvBNAL
PENALTIES INCLUDING A FINE OF UP 10 410,000 OR IMPRISONIVIENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANOE OF ADDRESS INFOPd~ATION
OF NOT MORE THAN $ YF~RS, OR BOTH (TITLE IS U.S.C. SECTION 1001)
]LEC~RALTIp~RR ~ ~EC~BN~OE~cCTI~FNO ~RV iMTA~ rT IAOc~ IUSA LTRoURE i ,ARNo~ p ET~c T~ x~[ [~DGDAR~So~IFORM A T 1 ON IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF
Signature Address '
Michele Watson
Printed Name
~Mail is good as addressed.
__ N' ' 'et known at address gh'cn.
Philadelphia: PA 19107
City, State, ZIP Code
FOR POST OFFICE USE ONLY
__ Moved, left no forWardiDg address.
__ No such address.
NEW ADDRESS OR BOXHOLDER'S POSTMARK
NAME AND STREET ADDRESS
0~.~
n, 0
EXHIBIT "B"
PHILIPS, CURTIN & DIGIACOMO
BY: PHILIP G. CURTIN, ESQUIRE
IDENTIFICATION NO: 52324
SUITE 300, 1211 CHESTNUT STREET
PHILADELPHIA, PA 19107
TELEPHONE N0:(215) 563-7700
Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
VS.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
NO. 2002-00138
ORDER
AND NOW, this ~W~ay of/~, 2002, upon consideration of
Plaintiff,s Motion for Service Pursuant to Special Order of Court,
it is hereby
ORDERED
that Plaintiff may obtain service of the Complaint in Mortgage
Foreclosure on the above-captioned Defendants Jerome VanNest and
Honor Jane VanNest by mailing a true and correct copy of the said
Complaint in Mortgage Foreclosure by ordinary mail at Defendants
Jerome VanNest and Honor Jane VanNest's last
Locust Street, Wormleysburg, PA 17043 and
mortgaged premises
known address 15 A
by posting of the
PHILIPS, CURTIN & DIGIACOMO
BY: PHILIP G. CURTIN, ESQUIRE
IDENTIFICATION NO: 52324
SUITE 300, 1211 CHESTNUT STREET
PHILADELPHIA, PA 19107
TELEPHONE NO: (215) 563-7700
Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
vs.
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 2002-00138
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in connection with the above
captioned matter.
DATED:
Respectfully submitted,
PHILIP G. CURTIN, ESQUIRE
Attorney for Plaintiff
PHILIPS, CURTIN & DIGIACOMO
BY: PHILIP G. CURTIN, ESQUIRE
IDENTIFICATION NO: 52324
1231 Lancaster Avenue
Philadelphia, PA 19107
Telephone No:(610) 407-9500
Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VS.
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
NO. 2002-00138
CERTIFICATE OF SERVICE
I, PHILIP G. CURTIN, ESQUIRE, attorney for Plaintiff, PNC Bank, National
Association, hereby certify that according to the terms of the March 22, 2002 Order (a copy
of which is attached) Defendants Jerome and Honor Jan Vannest were served with a true
and correct copy of the Complaint in Mortgage Foreclosure on April 19, 2002 by ordinary
mail. Attached is the stamped Certificate of Mailing (PS Form 3817). Also in accordance
with the terms of the March 22, 2002 Order, a Notice was published in The Patriot News
on April 15, 2002, a copy of the Proof of Publication is attached and the same Notice was
also published in the Cumberland Law Journal on April 19, 2002. In addition to the terms
of the March 22, 2002, the Complaint was posted on the mortgage premises by the Sheriff
of Cumberland County on April 17, 2002, a copy of the Sheriff's Return is also attached.
PHILIPS, CURTIN & DiGIACOMO
PHILIP G. CURTIN, ESQUIRE
1231 Lancaster Avenue
BenNyn, PA 19312-1244
(610) 407-9500
Attorneys for Plaintiff,
PNC Bank, National Association
PHILIPS, CURTIN & DIGIACOMO
BY: PHILIP G. CURTIN, ESQUIRE
IDENTIFICATION NO: 52324
SUITE 300, 1211 CHESTNUT STREET
PHILADELPHIA, PA 19107
TELEPHONE NO: (215) 563-7700
Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
VS.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL 9WNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
NO. 2002-00138
ORDER
A/~D NOW, this ~A~ay of/~, 2002, upon consideration of
Plaintiff's Motion for Service Pursuant to Special Order of Court,
it is hereby
ORDERED
that Plaintiff may obtain service of the Complaint in Mortgage
Foreclosure on the above-captioned Defendants Jerome VanNest and
Honor Jane VanNest by mailing a true and correct copy of the said
Complaint in Mortgage Foreclosure by ordinary mail at Defendants
Jerome VanNest and Honor Jane VanNest's last known address 15 A
Locust Street, Wormleysburg, PA 17043 and by posting of the
mortgaged premises and i-~-~- ~~ ~ ~
Jo
U.S. POSTAL SERVK::E cr~'n~CATE O~ ~
MAY BE USED FOR DOMESTIC AN{) INTERNATIONAL MAll.. DOE~ MOT
PROVIDE FOR INSURANCE--POSTMASTER
1231 LANCASTER AVENUE
Orm piecej~p~~d to:
PS Form 3817, Mar. 1989
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ and The
tri - w newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 15th day(s) of April 2002. That neither he
nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the
allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said COunty of Dauphin in Miscellaneous Book
Volume 14, Page 317. ~ ~~'"'~'"~'
PUBLICATION .................................
;~I~ to ~ncl .~,,h~.rih~H h,~fnr~ m~ this 18th day/of AI;)rjl 2002 A.D.
COPY
Member, Pennsylvania Association o~ Nola~ commission expires June 6, 2002
PHILIPS, CURTIN & DIGIACOMO
A'FI'N: PHILIP G. CURTIN, ESQ.
1231 LANCASTER AVENUE
BERWYN, PA. 19312
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $ 261.66
If you Wl~h to defend, you mu~t entor a Probating same Notary Fee(s) $ 1.75
~ .."~.....~r._.c~ .~r.n.~v or by ..orney Total $ 2 6 3.41
~ol~lh_ _~t~?~coor f. you are warned ~ If You Mil
a udgmentmaybeentonKlagulnsfyouwl~h. Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
CUMBERLAND (~OUNTY
COURT OF COMMON PLEAS
NO.
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
273~ LIBERTYAVENUE
PITTSBURGH, PA 15~22
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS~
1S A LOCUST STREET,
WORMLEYSBURG, PA 17943
~?.Y_~ r_apr~? n.f PNC Bank and fhe above
~Oanuar~erv foreclosure. Complaint was filed on
s~lrc~? ..2~/ 2~2 Plaintiff PNC Bank was
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
APRIL 19, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are
tor
SWORN TO AND SUBSCRIBED before me this
19 day of APRIL, 2002
CUMBERLAND LAW JOURNAL
NOTICE
Cumberland County
Court of Common Pleas
No. 2002-00138
PNC BANK, NATIONAL
ASSOCIATION CONSUMER
LOAN CENTER,
2730 LIBERTY AVENUE,
PIT¥SBURGH, PA 15222
VS,
JEROME & HONOR JANE
VANNEST, MORTGAGORS AND
15 A LOCUST STREET,
WORLEYSBURG, PA 17043
Please be advised the attorneys
mentioned below represent PNC Bank
and the above captioned matter is a
case wherein a Complaint in Mort-
gage Foreclosure was filed in the
Court of Common Pleas of Cumber-
land County by Plaintiff PNC Bank,
National Association against Defen-
dants Jerome and Honor Jane Van-
nest, last known address at 15 A
Locust Street, Wormleysburg, PA
17043. The mortgage foreclosure
Complaint was filed on January 10,
2002. Per Court Order dated March
22, 2002 Plaintiff PNC Bank was
instructed to publish this notice
pursuant to Pa. R.C.P. 430 (b)(1).
notice for the relief requested by the
Plaintiff. You may lose money or prop-
erty other rights important to you.
YOU SHOULD TAKE THIS NO-
TICE TO YOUR I~WYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICES
SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY
BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: {800) 990-9108
PHILIPS, CURTIN &
DiGIACOMO
PHILIP G. CURTIN, ESQUIRE
Identification No: 52324
Attorneys for Plaintiff
1211 Chestnut Street
Suite 300
Philadelphia, PA 19107
{215) 563-7700
Apr. 19
NOTICE
If you wish to defend, you must
enter a written appearance person-
ally or by attorney and file your de-
fenses or objections in writing with
the court. You are warned that if you
fall to do so the case may proceed
without you and a Judgment may be
entered against you without further
SHERIFF'S RETURN - REGULAR
'CASE NO: 2002-00138 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
VANNEST JEROME ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
VAL~EST JEROME AND HONOR JANE the
DEFENDANT , at 2015:00 HOURS,
at 15 A LOCUST STREET
WORMLEYSBURG, PA 17043
on the 17th day of April , 2002
POSTED PROPERTY AT 15A LOCUST
a true and attested copy of COMPLAINT - MORT FORE
by handing to
STREET WORMLEYSBURG
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.04
Posting 6.00
Surcharge 10.00
.00
45.04
Sworn and Subscribed to before
me this day of
A.D.
So Answers:
R. Thomas Kline
04/19/2002
PHILLIPS CURTIN DI/C~COMO
yb~uty gheriff
Prothonotary
PNC BANK, NATIONAL ASSOCIATION
VS.
JEROME VANNEST AND
HONOR JANE VANNEST
HUSBAND AND WIFE, MORTGAGORS AND
REAL OWNERS
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 2002-00138
PRAECIPE FOR JUDGMENT
Enter judgment in rem in mortgage foreclosure in favor of
Plaintiff and against Defendants Jerome VanNest and Honor Jane
VanNest for want of an Answer.
(X) Assess damages as follows:
Principal of said mortgage debt due and unpaid
Interest from 1/13/01 to 12/19/2001 at 7.49%
($ 17.9861 per diem)
Foreclosure search
Late Charges
Appraisal
Attorneys fees (which are reasonable, authorized
under the mortgage and/or actually incurred by
Plaintiff as provided in § 406 (2) Act of
1974 (41 P.S. § 406(2))
AMOUNT DUE
Interest from 12/20/01 to 06/25/02 @ 7.49%
($ 17.9861 per diem)
Costs expended:
Prothonotary - complaint 45.50
Sheriff 100.00
B&R Services-Good Faith Aff 200.00
Sheriff 100.00
Advertising per Court Order
For Alternate Service 396.26
Postage 6.33
TOTAL
$87,649.63
6,115.27
270.00
130.11
150.00
$ 4,700.00
$99,015.01
$ 3,363.40
$ 848.09
$103,226.50
I CERTIFY THAT A COPY OF THE NOTICE REQUIRED BY PA R.C.P. 237.1 WAS
SERVED UPON DEFENDANTS JEROME VANNEST AND HONOR JANE VANNEST BY
FIRST CLASS MAIL POSTAGE PREPAID ON MAY 22, 2002. A TRUE AND
CORRECT COPY OF SAID NOTICE IS ATTAC~r~R~HiBiT "A".
A~TORNE~v~~'~F~R fLAI'N~T FF
AND NOW, ~t/~-~__ 27 , 200~ judgment in rem in mortgage
foreclosure is entered in favor of PNC Bank, National Association
and against Defendants Jerome VanNest and Honor Jane VanNest by
Default for want of an Answer and damages assessed at the sum of
One Hundred and Three Thousand, Two Hundred Twenty-Six
($103,226.50) Dollars and Fifty Cents as per the above
certification. ~~ .~O~
Prothonotary
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A
SUM CERTAIN FROM THE COMPLAINT.
PHILIPS, CURTIN & DIGIACOMO
BY: PHILIP G. CURTIN, ESQUIRE
IDENTIFICATION NO: 52324
1231 Lancaster Avenue
Philadelphia, PA 19107
Telephone No:(610) 407-9500
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
VS,
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 2002-00138
TO:
JEROME VANNEST
15 A LOCUST STREET
WORMLEYSBURG, PA 17043
HONOR JANE VANNEST
15 A LOCUST STREET
WORMLEYSBURG, PA 17043
DATE OF NOTICE: MAY 22, 2002
IMPO__.___RTANT N~OTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE
OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERENCE CENTER
PENNSYLVANIA LAWYER REFERRAL SERVICE
PENNSYLVANIA BAR ASSOCIATION
100 SOUTH STREET
P.O. BOX 186
HARRISBURG, PA 17108
TELEPHONE: (800) 692-7375
EXHIBIT "A"
Attorneys for Plaintiff
PHILIPS, CURTIN & DiGIACOMO
By: PHILIP G. CURTIN, ESQUIRE
Identification Number: 52324
1231 Lancaster Avenue
Berwyn, PA 19312-1244
(610) 407-9500
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
vs.
JEROME VANNEST AND
HONOR JANE VANNEST
HUSBAND AND WIFE, MORTGAGORS AND
REAL OWNERS
15 A LOCUST STREET
WORMLEYSBURG, PA 17043
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 2002-00138
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF PENNSYLVANIA :
SS
COUNTY OF PHILADELPHIA :
PHILIP G. CURTIN, being duly sworn according to law, deposes
and says that Defendant Jerome VanNest is not in the military or
naval service of the United States of America as defined in Section
101(1) of the Soldiers' and Sailors' Civil Relief Act of 1940, and
further that:
at
(a) Defendant Jerome VanNest is over 21 years of age, resides
15 A Locust Street, Wormleysburg, PA 17043.
Sworn to and subscribed
before me this ~day
of ~ 200~.
Not~?~¥ p~l i~c~/~
P~ ~U~CIN, ESQUIRE
NOTARIAL SEAL
MARY E. CURTIN, Notary Public
City o~ Philadelphia, Phila. County
My Commission Expires Sept. 14, 2002
PHILIPS, CURTIN & DiGIACOMO
By: PHILIP G. CURTIN, ESQUIRE
Identification Number: 52324
1231 Lancaster Avenue
Berwyn, PA 19312-1244
(610) 407-9500
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
vs.
JEROME VANNESTAND
HONOR JANE VANNEST
HUSBAND AND WIFE, MORTGAGORS AND
REAL OWNERS
15 A LOCUST STREET
WORMLEYSBURG, PA 17043
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 2002-00138
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF PENNSYLVANIA :
SS
COUNTY OF PHILADELPHIA :
PHILIP G. CURTIN, being duly sworn according to law, deposes
and says that Defendant Honor Jane VanNest is not in the military
or naval service of the United States of America as defined in
Section 101(1) of the Soldiers' and Sailors' Civil Relief Act of
1940, and further that:
(a) Defendant Honor Jane VanNest is over 21 years of age,
resides at 15 A Locust Street, Wormleysburg, PA 17043.
Sworn to and subscribed
before me this~day
of ~ 200~
Not ~; Pu~Flic
PHILIP G. CURTIN, ESQUIRE
NOTARIAL SEAL
MARY E. CURTIN, Notary Public
City of Philadelphia. Phila. County
My Commission Exp____/i~'es Sept. 14, 2002
OFFICE
CURT LONG
To:
JEROME YANNEST
15 A LOCUST STREET
WORMLEYSBURG, PA 17043
OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PNC BANK, NATIONAL
VS.
JEROME VANNEST AND
HONOR JANE VANNEST
ASSOCIATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
: No. 2002-00138
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
CURT LONG
ProtAonotary
[] Judgment by Default
Money Judgment
Judgment in Replevin
[] Judgment for Possession
[] Judgment on Award of Arbitration
[] Judgment on Verdict
[] Judgment on Coutl Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY PHILIP G. CURTIN
at this telephone number:__(filO) 407-9500 .
OFFICE
CURT LONG
HONOR JANE YANNEST
15 A LOCUST STREET
WORMLEYSBURG, PA 17043
OF THE PROTHONOTARY
COURT OF COHHON PLEAS
CUMBERLAND COUNTY
PNC BANK, NATIONAL
vs.
JEROME VANNEST AND
HONOR JANE VANNEST
ASSOCIATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
: No 2002-00138
NOTIC~
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in lhe above proceeding as indicated below.
CURT LONG
Prot~onotar~
[] Judgment by Default
Money Judgment
Judgment in Replevin
[] Judgment for Possession
[] Judgment on Award of Arbitration
[] Judgment on Verdict
~ Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEy PHILIP G. CURTIN
c{.:,-., Ar,o,-..-/'. N.,., Esquire
at this telephone number: (~5.101 407-9506
PHILIPS, CURTIN & DIGIACOMO
BY: PHILIP G. CURTIN, ESQUIRE
Identification No: 52324
1231 Lancaster Avenue
BenNyn, PA 19312-1244
Telephone No:(610) 407-9500
PNC BANK, NATIONAL ASSOCIATION
CONSUMER LOAN CENTER
2730 LIBERTY AVENUE
PI'I-I'SBURGH, PA 15222
VS,
JEROME & HONOR JANE VANNEST
MORTGAGORS AND REAL OWNERS,:
15 A LOCUST STREET,
WORMLEYSBURG, PA 17043
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 2002-00138
PRAECIPE
TO THE PROTHONOTARY:
Please satisfy the Judgment entered in the above-captioned matter upon payment
of your costs.
PHILIPS, CURTIN & DiGIACOMO
BY: ~
I~HILIP G. CURTIN, ESQUIRE
Attorneys for Plaintiff,
PNC Bank, National Association