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Home My WebLink About01-2761 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount : Cumberland County Company : Court of Common Pleas 961 Weigel Drive, P.O. Box 8634 : Elm-burst, IL 60126-1058 : V. Ray E. Malseed, Sr. 4 N. Enola Drive Enola, PA 17025 and Fay L. Malseed 4 N. Enola Drive Enola, PA 17025 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO Youhavebeensuedincourt. Ifyou wish todefendagainst Le ban demandado a usted en la cone. Si usted quiere the claims set forth in the following pages, you must take defenderse de estas demandas ex-puastas en las paginas action within twenty (20) days after this complaint and siguientes, usted tiene veinte (20) dias de plazo al partir de notice are served, by entering a written appearance lafechadelademandaylanotfficacion. Hacefaltaasentar personally or by attorney and filing in writing with the una comparencia escrita o en persona o con un abogado y court your defenses or objections to the claims set forth entregax a la corte en fonna escrita sas defensas o sus against you. You are warned that if you fall to do so the ob~eciones a las demandas en contra de su persona. Sea case may proceed without you and a iudgment may be avisado que si usted no se defiende, la corte tomara entered against you by the court without further notice for medidas y puede continuar la demanda en contra suva sin anymoneyclalmedinthecomplaintorforanyotherclain~ previn aviso o notificacion. Ademas, la corte i~uede or reliefmqueeted by the plaintiff. You may Iose money or decidir a favor del demandante y requiere que usted properly or other rights important to you. cumpla con todas las provisinnes de esta demanda. Usted .puede pen[er dinero o sus propiedades u otros derechas ~mportantes para usted. YOUSHOULD TAKE THIS PAPER TO YOUR LAWYER LLEVE ESTA DEMANDA A UN ABOGADO AT ONCE. IF YOU DO NOT HAVE A LAWYER OR INMEDIATAMENTE. SINOTIENEABOGADOOSiNO CANNOT AFFORD ONE, GO TO OR TELEPHONE THE TIENE EL DINERO SUFICIENTE DE PAGAR TAL OFFICE SET FORTH BELOW TO FIND OUT WHERE SERVICO, VAYA EN PERSONA O LLAME POR YOU CAN GET HELP. TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR IX)NDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Comber/and County Bar Association 2 Liberty Avenue Cumberland County Bar Association Carlisle, PA 17013 2 Liberly. Avenue ' (717) 249-3166 Carlisle, PA 17013 (717) 249-3'166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19108 (215) 790-1010 Household Finance Consumer Discount : Cumberland County Company : Court of Common Pleas 961 Weigel Drive, P.O. Box 8634 : Elmhurst, IL 60126-1058 : V. Ray E. Malseed, Sr. 4 N. Enola Drive Enola, PA 17025 and Fay L. Malseed 4 N. Enola Drive Enola, PA 17025 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of and doing business at the above captioned address. 2. The Defendant is Ray E. Malseed, Sr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 4 N. Enola Drive, Enola, PA 17025. 3. The Defendant is Fay L. Maiseed, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 4 N. Enola Drive, Enola, PA 17025. 4. On 11/17/99, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1583, Page 187. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 4 N. Enola Drive, Enola, PA 17025. 6. The mortgage is in default because monthly payments of principal and interest upou said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $92,368.26 Interest 9/1/00 through 3/6/01 $ 6,186.50 (Plus $27.79 per diem thereafter) Attorney's Fee $ 4,618.41 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search ~ GRAND TOTAL $103,723.17 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser atSheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. b403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by cer~fied mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $103,723.17, together with interest at the rate of $27.79 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ADVANC~ THIS MORTGA~ is mad~ This da~ ~H cO~ration ~z~ a~ ~n~ under l ~OATEWAy DRIVE. GATEWAY SOUAREiSUi~~..._e~ The following ~ragraph ptec~ by a checked ~x :s a~l:cable. ' -,' ' ~ ~y e~o~ ~ ~newals th~ t~.~. :~IIm~ of prinei~ ~ in~r~t, ind~n~ ~y adj~m~ to the amount of ~m~ts or t~ in~b~n~, if noz ~n& ~d. duc and pm~d~ ~ a c~it li--~- ~-~- ~'~"T-'~ ~ ~;~s~'~u~-~'~"~ - ....... ~-~ ara an ~mtml ~van~ a~l~ng any inc~ ii the contact rat~ is v~iable: (2) f~ adg~ un~ any ' ~Ym~t of (i} t~ indeb~n~ evi~ ~ ~Orm~ of t~ ¢ov~ ~c n~wi~ to t ~ Commonwen]~ of Penn~v~s: ALL THAT CERTAIN PROPERTY SITUATE0 IN THE TO.SHIp 0F - F .... uco~lBEO IN A FEE SIMPLE DEEO DATED 111221~g~3 &ND RECORDED ]1/23/1083. AMmO THE VOL~E 30 PAGE 1050. TAX PARCEL lO: Og-la-oB32-33~ 0~=20-1g MI'G P~TB~:~T~T60l 8~:~ 9T9 O£9~NI31f~BS II3/[d3-S:IH ~ 90:PT TO, PT ~IUW TOGL~I'ttI~R with ali u~e improvement~ nov/or ho~fter ~t~ on ~e pro~y, and ~1[ e~men~, ~u~ and ~n~, all of which sh~il ~ ~m~ ~ ~ a~d ~main a ~ of the pm~y ~v~ by thi~ ~fo~; and ~1 of the fo~g~ng, to~ with ~d ~y (or the I~hold ~te if this Mo~ga~ is ~ ;. l~hold~ ate ~aft~ ~e~ ~o as the B~ww~ ~vo~ that Borm~ is lsw~ly ~ of t~ ~ca.* ~---~ .............. ' gr~t and ~n~y the ~y, nnd ....... ~ ~vnvey~ aaa ~ ~c right to ~t ~ ~y is ~nCum~, ~t fo~ ~mbran~ cf ~. ~n~ ~a% Bor~ W~ran~ and will ., · . . , . defend ~ally the %i~lo ~ ~e ~rty a~ns~ ~11 claims ~od ~d~. sub~t ~ ~cum~anc~ of r~o~ ............. ., U~RM ~V~AN~. ~cmwer $nd ~nder c~nt and al~ as J. ~ymcn~ of Pfinci~l and Interes1 at Variable Rates. ~is mortl~o ~es all ~ym~ oF ~nci~l nod in~r~ due on o ~rlable ~te lOan. Thc ~n~act ra~ ~ intent and ~ym~t amounls may ~ sub~t ~ ch~ p~v;d~ in the Note. ~rmwem shall ~omplly ~y wh~ duc nil amo~ ~ui~ by the No~. ' 2. Fun~ for Ta~es and Insu~nce. Sub~ to n~llcaMe law or ~i~r by ~nd~, ~row~ ~l ~y ~ ~r on the ~y m~thly ~ymea~ of p:inci~l and in~t a~ ~ya~o u~t the Not~ until the No~ is ~id in full, n Svm (~n '~ds') ~ to ~e~lfth of the ~rly developm~t ~m~. if any) ux~ a~ ~m~ (i~l~ini condominium $nd ~ann~ wMch may at.in pg~i~y O~r this M~ga~ ~d ~und r~ on the Pro~y. if any, ~ ono~wcl~ of ~arly ~mium ins~llmen~ for h~n~ i~ura~, pl~ vne~elf~ of ~rly p~ium in~llm~ for moa~ i~umn~, iF any, ill ~ re--ably o~mat~ ini6ally and f~m t/mo m ~me by ~r on tho ~s of a~m~m ~nd hills and ~Ymen~ of Pun~ m ~ ~ t~ ~ble ~ma~ t~r~f. ~wer ~ail ~ ~ oMila~ ~ make ~h ]f Bormw~ ~ Pup~ to ~, ~he ~un~ s~l ~ h~d ;o an i~t;tu~on ' i~ or ~n~ by n F~eral or ~tnte age~y (i~l~iag ~nder ff ~ ~s such an ~.~;tutJoa). ~n~ ~ll a~ly t~ Fun~ m ~y ~;d · ' m~, n~m~w, msura~e p~mJu~ a~ g~d r~;. ~n~r may not char~ for holding and spay;ag ~ Pu~ analyzio~ ~id a~o~t or v=iI '~n a · · · ~n~ may n~ in w~tln~ at the ~me of e~c~on ~...s~ ~ ~ mak~ s~h 0 c~. ~rm~ ~ this MO~a~ t~t in~r~i on ~ ~un~ ~11 ~ ~d ~rower, nnd uol~ s~h ~efll is m~ or a~lica~e law ~rm s~h in~ ~ ~ ~id. ~ ~all r~r~ m ~y Bo~ nay inter Or ~rnl~ on ~ Funds. ~n~r ~I1 give to ~trow~, wilhoHt Char~. annul · acco~zt~ of the Fu~ s~wing ~i~ and germ to ~e Pun~ o~ thc p~ for ~lich ~ ~Mt to thc F~ ~.~ ma~. The Funds nfo pl~ a~ a~ditional ~ity For the sums ~o~d by t~s ._... If ?e~moun~ of ~ Fv~ ~ld by ~d~. wgcth~ wlth the fmurc men · · of the ~un~ ~ld ~ ~0r ~ell ~t ~ s~flci~t to ~y ........ ,.vmmy installments o[ Pu~s If the ~mo~t t~y f~l d~ ~wer ~1 ~y ~ Lm~r ~n~ ~z~ ~m~, insuran~ ~miums e~ gr~nd ~n~ . ~ ~nd~ m~ r~re. amount n~y to ~ke up t~e dcflciency {n'o~ ~ mo~ ~ym~ U~n ~ymcnt in f~l of all sums ~ur~ by this Mo~e, Le~ot sh~ll ~mpt~y ~und ~ ~ow~ ~y fun~ heJd by ~6d~. !~ ~ ~r~ 17 ~ tho Pretty is mid or the Pm~y i.-otherwi~ n~ui~ ~y ~. ~nd~ shall apply. ~ la~ than imm~;et~y prior m ~c mia of · held by ~d~ at tho Pm~rty or e~ s~iei~on by ~r, ~ny Fun~ · c time of e~li~tion, e c~t ~i~t ~e~ums ~ b~ t~is ~rt~.. ~- Application of Paym~t~ ~c~ for I~ns made ~unnt ~ tho, P~nsylvn~ie Co~umer ~ount Core.ny Act, all paym~ ~elv~ by ~r ~r ~e No~ ~M ~g~phs. 1 ~nd 2 ~f sh~l ~ eppli~ ~r ~y m~go, ~d ~ 'tru~ or Other ~ty ~m~ with n lien whi~ h. ~iorlty ov~ this ~, i~lud~ ~rm~s ~V~n~ to make ~ym~ w~ d~ ~wee ~ and oth~ ~, fin~ ~d im~[~s nttei~.*~kt- · -~- ~ ~Y Or ca~ ~ ~ ~id ~! ~ga~, end I~ld ~ymen~ or ~d ~, if nn~." ..... o *~ rm~ty which may eton a ~io~ty ove~~' ' this PAO~SZ :~. H.azard Insu.r.ance. Borrower ~alJ keep the improveme~ nov ex~stin Or h '~"~. ana~oo~erha~ar~Odermay . .. ~ insunn~ carder ~o~ding t~ i~ance ~all ~ ch~ by z~ BorroWer sub~z to SO. va} by ~o~m a~pU~e ~ Lender and ~l mci~c a ~nda~ mort~ ~a~ in fair of and in e form e~blc ~ L~r ~r s~ll have ~ right to h~d ~e ~l~.od ~els the~f, ~ub~t to t~ ~ms of ~n~ m~ge. d~ of tr~ or other ~u~y n~ent ~'ith z ]left wEch ~ ~Oricy ov~ this In ~e e~nt of I~. ~wer ~11 ~ve prom~ nmi~ to the insu~ carrie~ ~d ~der. ~nd~ may m0ke of I~if n~ made ~omptly by If ~e P~ny is e~nd~ by ~rower. or i~ ~.~ f~l~ m ~nd ~ I~n~ within 30 days f~m the n~t~ ~ mstl~ ~y ~er to ~wet t~t thc msurm~ ca~cr off~ ~ ~lc a claim for Jmvrancc ~n~i~ ~d~ n~hOriz~ m ~ll~t ~nd apply ~he i~ut~cc ~s at ~nder's option ei~ ~ ~o~tlOn or rc~r of thc ~y to the svms ~d ~ t h~ ~e. 6. Preparation and Maintmnnce of Propcrty: Leaseholds; CondOminiums; Planned Unit ~velopmen~ ~gula~o~ofthe~miniumor lann~du ' ~ m o~ p]ann~ umt de~o~en~, the by~s nnd ~nablc .ttornm' ft~ an~ +-~ t , . Any a~un~.dmbu~ by ~ pur~t ~o t~s ~m~m~ 7. with intcr~ thegn at the ~omc ~t~o~] ~ndc~n~ of ~O~wer ~d by this Mo~t-*-- f r.,--- ~ , ~ntt~t ra~e. ~ym~t. ~ amours ~all ~ ~e~e v~n noti~ from Lcn · . 9. Coudemnati~, ~e p~ ~ my aw~ m clmm for dam~. dlrcm or ~n~tial, in conn~ wi~ any ~d~m~i~ or o~ tang of ~ ProntO, or ~rt theol, o~ for ~ence in lleu of ~nnti~. am ~ed end ~]1 ~ ~ld ~ ~n~r, sub~t ~ the ~r~ of nny m~ de~ of t~t or oth~ s~u~ty a~r~ment wlth ~ 10. Bor~wer Not Relined; ~or~ar~ce By Lendel Not a ~nlver, ~ioo ~ ~e time ~or ~ym~t Or m~ifi~i~ of amortizati~ oF thc ~ms ~d by ~is ~o~t~ ~an~ b)' ~n~r to ney suing in int~ ot latchet. ~nd~ shall nm ~ ~u~md ~ commie ~n~ ~i~ ~h ~or or hemu~r, or ot~wim ~o~ ~ ~i~eble law, shGI not ~ a Wa~v~ of ot pr~lu~ the e~ of any such H~ht nr '"~: S~C~i~ aA'd Assigns BOund; J~nt and Sevcrnl ~tability; ~o-siBncrs. The co~.e~n~ end ~wer. sub~ m ~ provisions of ~r~ ] 6 her~f, All ~v~ end n~en~ of ~m~r sbnll ~ join~ v~l. A~ Bo~w~ ~ho co~igm ~i2 ~, b~ ~ not e~ut~ the ~occ. (a) is ~Jng this ~o~g~ ~ly to m~t~, ~t and ~nvey ~nt ~Wer% inte~ in t~e ~rty to ~er u~er the tcr~ ol ~is ~]ly lia~ on thc ~ or ~der t~s ~rtge~. ~d (¢J n~ t~t ~ nnd any ~ber ~or~w~ ~eu~ f~r~ar. ~ make any otbcr ~mm~o~ wi~out thst ~rowet's ~t n~ Wi~ut ~l~i~ that ~o~'er or m~fying t~ ~onga~ ~ ~wer's inter in the Pm~rty. · to 0~=~-~ ~ 60x~0'~ ~06&S~60l 8G£~ 9~9 O£9~3NI31A~BS II3xld3-SdH ~ 90:~ ~0~ P~ ~b~ J2. Notice. Except for an}' notice required under appli~Me law to be ER'eh in another mnnner, (s) an}, notice '~ gl van m ~e ma~er d~at~ ~{n. ..a ~tpge 13. ~ovc~ing ~nw; ~c~erability. T~e stats ~d I~ ~swa applicable m thie Mort~ ~all Jun~c~On in wh~ thc Pro~ is ]ocatM. ~e f~ine ~ca *~-- --- ~ ..... ~ t~ laws et .... ' '~ ~,, .os um~r rne aPMi~lltyof F~r~ law ~ Mor~ In t~ ~t tha~ nny ~vJ~on or cla~ of th e ~ and ~tm~eys'~- zncJ~e8]] sum~ tO ~Bext~t not Prohzb~te~ by apphca~e law ~r ]i~;t~ hc~n. ! 4. BO~w~ Copy. ~mwcrs~]l ~ furnished a mnForm~ ~py ~ the No~ a~ of t~s ~O~g~ at the ~me ~mioa or a~ ~ion he~L l~. RehabJli~tiofl ~osn Ag~ment. ~r~wer shall ~uff;ll aH ~hab;[i~on, ;m~m~t, ~;r, or o~er J~n a~m~t ~hi~ o~ ~ormw~'= ob~igat;o~ ~r a~ home ~.n~on m~ ;~v~ ~eto the ~y ~ - ~,.,~ w~ ~ t - '-' . ' Pp Y la~r, matmals or ~rvf~ 16. Transfer o~ tbs PtO~y. ~[ ~m~r ~]s or ~ ~ng (a) ~e ~t;~ o~ a ' tra~[~a aH ~ any ~ of ~c P~y or an ;ntc~ o~a~on ~ law u~a hca ~ ~Cum b~ncc au~i~te to t~ Mor~ (b~ a ~a--~ an o~ion to P~h~, (d) ~ clot;on of a P~C~ · · "~ the ~th of a ~(nt t~ant, (c) ~ ~t ol a~y la.hold ;n~t of t~e y~ or i~ not ~n~i~ng ~latJve t~ultlng from the dea:h of a R~ ..... ~a~ monc~wety m~t for ~hold ' Own~ of t~ ~ty, -- .....~' ~[/n traa~cr wbe~ ~c ~m~ .~:fa--_~[~ (e) a ~nnsfer to a (g) a t~a~ ~ulfing from a ~r~ oF ~ut[on of from ~n inoi~ntal P~rty ~Ulemmt ag~menk by which ~e ma~[a~, ]e~ ~on ~mun~ ~ ~y, (h) a t~fer in~o an ~nt~ v~v~ trot in ~ of tbs Bo~wet ~m~ an owner ~ ~/ate ~ a ~a~ of ri~ of ~u ' ' ' ' whsch the ~er ~s and remMns n ~nefi~ary ~ which ~ not · ~ ~'--f.~:~ =~ .......r= . :- . . ~y m ~e ~ty, ~ (i) any o~r ~a~ler or dls~un d~ in ~gula~lo~ P~cn ~ by thc F~al Home ~n ~nk ~n~, ~rrow~ shah ~ ~ be ~ubmitt~; nf~a~;~ ~.;~ ~. ~ --a .. otc a~ this MO~ u ~ ~ ~ m= s~ ~ ........ , .. z m m~ateiy d~ and ~ya~e. If ~,,~ ma~ a~la~ all o~ t~ sums ~d by this Me.gage to ~ ~r ~erci~ such O~on ~ ac~lerale. ~ ~°nlna~withpat~ph 12h~ ~,,.~- : . shall mail ~wet ~ms prior to tho ~tion of ~h ~;od, L~w ' ;r ~=y pay the~ms d~l.~ a.- .. ~ ~ ;~m the ~m~m~t~b may. ~thout fur~ · ' ..... · ----, ..u ~ fu~ant and ~e u f~Jo~: 17. A~eleratJon: Remcdje~. E~Cepl es provided In ~rasraph I 6 be~, upon Borto~er'~ b~nch of any ~v~ant or agreem~t of Borrowee in Ibis Morillo, including thc ~ven~ts to pay W~en duc any sums u~d by tbj~ ~ortga~, Leader ~ior 1o ~el ration, shall glvc n~i~ to Bor~wer · . ~he~of~c~f~mE (I) the b~h. (2) theft; · . , - as this Mo~---- * · ' ~ "~ uate spccdiod m ~c n~.:---- . ,. ~ cu~; in~ ~ ~s~- '~C]Osu~ by iud;-;-f ........ v.,~G may ~sult in a~ol---.:-- ---- ..,u~ zo ~c"~d by tbss M~tu_ to ~.: ...... ~°tl~, L~der. at Leflder*s ~_.:__ - : If tho b~ch~s not M~fl~ b- :..-:-:-~ 0- "'"'m~mte]yaUeandoauabt..;.L__.. ~y.vn, may a~arcail -u~ms~ meludin. ~.. --. ,- · _ '"'' ~ e~t~tled to coP--- :- - -,,,ayz~l~e~i~ nbstrn~snndtitle~e~" au~ nmttee to, reasonable attornet..' ~" m~ such pro.ding aU ex~nses .~ 0g-~$9 ~ '- ~- ,~es aha cosls of d~umentary cviden~ ..... R6,0~1264 60/LO'd ~TO~ST~60l 8~£L 9T9 O£9~DNI3IA~BS II3/Id3-S:FH ~ 80:~ TO, ~ ~ i~. I~or~owet's Rilht to Relnstatc. Nntwithstand~fl~ L~nder'o acceleration of t~ to ~r~wer's ~, BOrrowcr ~11 ~vc ~e ~ht M ~ any ~ ~gun by ~r to ~o~ this ~t~ d~ont~nu~ ~t any ~mc prior ~ ~ of a j~gment earning ~h~s ~ortga~ if: (a} Loner ~l sum~ which would ~ ~n duc ~d~ ~i~ M~tg~ a~ ~e No~ ~d no a~el~don ~u~; (b} ~r~w~ c~ all ~h~ of any oth~ ~ven~ ~ aE~m~ of Borr~ ~n~in~ ~w~ pays ~1 ~ble ex~n~ l~urr~ by ~nder Jn ~fO~ng xhe ~v~ ~d a~cem~ of ~ncd in this M~ge. ~ in ~i~ ~nder~ ~m~ ~ ~vi~ in ~rzgraph 17 hcr~. inel~ing, hut not lim~ to, ~nable a~torncy~' f~; and (d) ~rmw~ ta~ ~eh action ~ ~ may readably ~U~ t~t the li~ of this Mo~c, ~n~'s in~r~r in the Pro~y ~d Borrower's obligation to ~y ~e sums ~cu~ by ~Js Mop.ge ~nll ~tln~ un~d. U~ s~h ~yment and cum by Borrower. ~his Mort~ and ~e o~i~tions ~ ~eby ~Zl ~maln ~n f~l fo~ and ~f~ as if no ~era~ had ~u~d. U~n ac~lernuon,u~r ~rag~b 7 b~ or a~t of thc Pro~y, ~der s~ll ~ ~ti~ ~ havc a ~r ap~n~ ~y a ~ to ~ ~n, rake ~on of ~d ma~ ~ P~W of the ~ty i~ing t~ ~t due. ~1 ~ eoll~ by ~c t~elver shall ~ a~li~ fi~ ~ ~ym~t of the ~ of ~R~t O~ ~e ~ty and ~ll~tion of r~m, ~l~ing, but not IJmi~ ~miums on ~iv~s ~nds s~ ~nable attor~' fe~, a~ t~n ~o ~e sums ~u~ by ~bls Mo~a~. The ~iv~ a~l ~ liable to a~unt ~ly for c~ t~ act~ly ~Jved. ~, Releas~ U~n ~ym~t of ~1 sums ~d by ~is Mo~Ba~, ~ ~al] ~ this ~O~gage withoul e~t~ ~ ~rmw~. ~w~ ~1 pa7 all ~ oF ~aEon, if any. ~i. Waiver ~ Homestead. ~O~wer hereby walv~ all ~t of ~m~ etemp~on in the P~ty U~r' r~- -~ a,zsu ~ the ra~e ~tlted ~n ~e No~. I~ ~ on sg-2~-gg MTG PAO0128S 60/~0'd P~TO6~T~T6 01 86~ 9T9 0£9~I31A~S IlDxldD-S_dH ~d 80:PT TO, PT ~1~14 REQUEST FOR NOTICE OF DEFAULT AND ]~'ORECLOSURE UNDER SUPERIOR MORTGAG~ OR DEEDS Ol~ TRUST Borrower and ~d~ ~ ~he ho]~ of 8ny morgan, d~ ~ tr~ or oth~ ~umb~n~ w~th a li~ whi~ h~ ~io~ty ov~ ~;s Mo~ to ~ ~o~ m ~. at ~'s a~ ~ fo~h on ....... . " ' FAY 'L. ~ALSEED. ' .... 25G ATEWAY DR~VE. ~ECHANICSBUR~, PA ~7055 On~alfof~n~t. By: BERNIE HEFFELF~NGER Tide:BRANCH HANAGER COMMONWEALTH OF PENNSY[VANIA, CU~ B E a L A ~ 0 Cdunty ~NN~ A STAFFORD ,aNotaqP~li;iaaad~or~d~untya~dmte, doh~by~fy~at RAY F H6t~EED. SR & FAY L ~n~iy k~wn ;o me m ~ ~h¢ ~e ~(s) wh~ ~c(s) are su~d~ m ~ho ~n~ i~trum~t. ~h, i v f~ volua~ry act. for the ~ and pur~ thorn ~t fo~h. ~i~ u~r my hand a~ offi~al ~1. this 17~h day of NO ~etura T~ Remr~ ~og S~vic~ 577 ~mont R~d - ~EETOG~ST~T60l 8G£& 9T9 O£~E~HI3IA~BS II3/id3-S~H ~ 60:~T TO, ~T March 22, 2001 Ray E. Malse~, Sr. 4 N. Enola Drive Enola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort~,a~,e on your home is in default, and the lender intends to foreclose. Snecific information about the nature of the defm~lt is nrovided in the ~-~ched page~: The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helo to save your home. This Notice exolains how the ore,ram works_ To see ifHEMAP can heln. you must MEET WITH A CONSUMER CREDIT COUN~I.ING AGENCY WITHIN 30 DAYS OF THE RECEIPT OF THIS NOTICE. Take this Notice with you when you meet with the, Counselin~ A~encg. Credit Counselin~ A~,encies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housin~ Finance A~:ency toll free at 1-800-342-2397 (Persons with imoaired hearin~ can call (717) 780-1869. This Notice contains important legal information. Ifyou 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 NOTIFICACIO EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A ]~I~IMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ~s~ 8 I1 B PROPERTY ADDRESS: 4 N. Enolad Drive Enol~ PA ~'~025 LOAN ACCOUNT NUMBER: 713303-00~986111 ORIGINAL LENDER: Household Finance Consumer Discount Comnanv F/KdA Household Finance Coreoration CURRENT LENDER/SERVICER: Household Finance Consumer Discount Company FfK/A Household F. inanee'Comoration HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE F~ MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHERELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORE(~LOSURE--Under the Act, you am entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the receipt of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE (30) DAYS OF RECEIPT OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end ofthis notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telenhone numbers of designated consumer credit counselin~ anencies for the county in which the prooertv is located are set forth at the end of this Notice_ It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Home.owner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergancy mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOW]NG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT ['Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at _4 N. Enolad Drive Enola. PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: a~roximatelv $880.46 for the months of October 2000 through March 2001 Other charges: TOTAL AMOUNT PAST DUE: $5.282.76 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the receipt of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $$.282.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by ~.,~h~ cashier's check, certified ~.h~k or money order made ~avable and sent to: Angela Williams Household Finance Consumer Discount Company F/K/A Household Finance Corporation P.O. Box 8604 Elmhurst, IL 60126 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the receipt of this Notice, the lender intends to exercise its riuhts 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 OF RECEIPT OF THIS NOTICE, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged ~ropertv. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your cee to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. ~defaul_t within THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE~ you will not be recmired to ~av attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all Qther sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIKTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uo to one hour before the Sheriffs Sale. You may do so by raving the total amount then past due. nlus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosurr. sale and any other costs connected with the Sheriffs Sale as s~ecified in writing by the lender and by performing any other reouirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required paymeut or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Household Finance Consumer Discount Comnanv F/FdA Household Finance Corporatinn Address: P.O. Box 8604. Elmhurst. IL 60126 Phone Number: 1-800-333-5848. Ext. 7695 Fax Number: 1-800-617-7744 Contact Person: An ela Williams EFFECT OF SHERIFF'S SALE--You should realize that a SheriiTs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lander at any time. ASSUMPTION OF MORTGAGE--You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGI-IT: - 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 GURED 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. Ifyou notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 1670 0002 3891 2662 RETURN RECEIPT REQUESTED Enclosure: Validation of Debt Notice Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to he sent the followin~ notice.- (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer*s written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different fr~m the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty days of receipt of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. The law office of McCABE, WEISBERG AND CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORNATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Pederal Trade Com~ission has ruled that The FDCPA does not preclude the institution of legal action prior to the expiration of the thirty day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. Date= March 22, 2001 ~/ Terrance J./McCabe, Esquire McCabe, Weisberg, & Conway, P.C. First Union Building 123 South Broad Street Suite 2080 Philadelphia, PA 19109 PENNSYLVANIA HOUSING FINANCE AGENCY HOF~EOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUF~ER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 Mamh 22, 2001 Fay L. Malseed 4 N. Enola Drive Enola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort,,a~e on your home is in deFn,It, and the lender intends to foreclose. Specific information about the nature of the default is urevided in the n,no. hed page. n: The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save home. This Notice explains how the program works. To see if HEM_.AP can heln. you must MEET WITH A CONSUMER CREDIT COUN.qg.I.'FNG AGENCY WITHIN 30 DAYS OF THE RECEIPT OF THIS NOTICE. Take this Notice with you when you meet with the Counseling, Agency. The name. address and uhone number of Consumer Credit CounseHn_~ A~encies serving, your County are list~A at the end of this Notice. If you have any questions, you may call the Pennsylvania Honnin_~ Finance Agency toll free at 1-800-342-2397 (Persons with imuaired hearin~ 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 NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIPICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Ray E. Malseed. Sr. & Fay L. Malseed PROPERTY ADDRESS: 4 N. Enolad Drive Enola, PA 17025 LOAN ACCOUNT NUMBER: 713303-00-986111 ORIGINAL LENDER: Household Finance Consumer Discount Comoanv F/K/A Household Finance Corooration CURRENT LENDER/SERVICER: Household Finance Consumer Discount Company F/K/A Household Finance Comoration HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS OF RECEIPT OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI.I.RD "HOW TO CURE YOUR MORTGAGR DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCrR-q--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days ai~er the date of this meeting. The names, addresses and teleohone numbers of dasi~nst~.d consumer credit eounselin~ a£eoeies for the county in which the ~ronertv is loe~l~etl 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 ASSISTANCR--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 defanlO. If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the 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 FA/L TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW 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 4 N. Enolad Drive Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: anoroximatelv $880.46 for the months of October 2000 through March 2001 Other charges:. TOTAL AMOUNT PAST DUE: 5;5.282.76 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the receipt of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5.282.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's cheek, certified check or money order made navable and sent to: Angela Williams Household Finance Consumer Discount Company F/K/A Household Finance Corporation P.O. Box 8604 Elmhurst, IL 60126 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the receipt of this Notice, the lender intends to exercise its riehts to accelerate the mortna~e 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 ofthe 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 noon your mortea~,ed ~Dronerty, IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff.to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY OF RECEIPT OF THIS NOTICE, you will not be required to pay attorne¥*~ fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all o. ther soms due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S S^l.~--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pa¥in~ the total amount then past due. plus any late or other chard, es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as any other reouiremants under the mortgage. Curing your default ia the manner set forth in this ~otice 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 earl/est date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Household Finance Consumer Discount Company F/K/A Household Finance Corporation Address: P.O. Box 8604. Elmhurst, IL 60126 Phone Number: 1-800-333-5848, Ext. 7695 Fax Number: 1-800-617-7744 Contact Person: ~._~_gela Williams EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your fight to occupy it. If you continue to live in the property al~er the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or. X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHBR 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. Ifyou notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office iu writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. ~N IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE U~ SENT VIA REGULAR MA.IL AND CERTIFIED MAIL NUMBER 7000 1670 0002 3891 2655 RETURN RECEIPT REQUESTED Enclosure: Validation ofDobt Notioe Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is re~/uired to be sent t. he following notice: (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer.s written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty days of receipt ofthis notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. The law office of McCABE, WEISBERO AND CONWAY, P.C. is acting as a debt collector, pursuant to the FDCFA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFOP, MATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that The FDCPA does not preclude the institution of legal action prior to the expiration of the thirty day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. Terrence ff. McCabe, EsquLre NcCebe, Weisberg, & Conway, P.C. First Union Building 123 South Broad Street Suite 2080 Philadelphia, PA 19109 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS, EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES gUMBERLAND COUNT~ Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrieburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 VER~'F~'CAT~OIq The undersigned, Renee Turner, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, ~'~,.&~x3a~um%~_~%~x%u~. ~_~.~ , and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. CAsE NO: 2001-02761 pSHER/FF's RETU~ _ NOT FOUND COMMO~LTH OF CO~Ty OF PE~SYLv~IA CUMBERLAND VS ~~--~,Sheriff or Deputy Sheriff, who being duly SWorn according to law, says, that he made a diligent search and ' bail/wick ~_ .. ~ but was - -- ~e therefore returns the ~, NOT the Within named DEF_~_~E~ANT , . FOUND , as to _ ~O~ER RESIDEs AT ~DREss STATED DocketingC°sts: Service 18.00 So ans, N°t FOUnd Return 9.30 ~~~ Surcharge 5.00 '~ 10.00 R. ~ Sheriff of Cu~erland County ~.30 MCC~E, WEIsBERG & 05/24/2001 CO.Ay Sworn and subscribed to before me CASE NO: 2001-02761 FSHERIFF's RETURN _ NOT FOUND COMMONWEALTH OF PENNSYLVANIA COUNTy OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS MALSEED RAy E SR ET AL ~n~'sheriff or Deputy Sheriff, who being duly Sworn according to law, says, that he made a diligent search and med defendant, Unable to locate He_~__r in his bailiwick. He therefore returns the ~, NOT FO the Within named DEFENDANT . UND , as to ~DEFT. NO LONGER RESIDEs AT ADDREss STATED RETURN NOT FOUND As Sheriff's Costs: ' Docketing 6.00 So ..... Not FOund Return Affidavit 5.00 Surcharge .00 10.00 ~ Sheriff of Cumberland County 2~.00 MCCABE, WEISBERG 05/24/2001 & CONWAy Sworn and subscribed to before me ~.~nt~fioation Num~~u~' ~'SQuZRE ' . -~ =t~eet, Sui~ 2080 Ph~la~lPh~a, PA ~9~09 (215) 790-1010 HOUSEHOLD FINANCE DISCOUNT COMPANy : CUMBERLAND COUNTy : COURT OF COMMON PLEAs RAY E. MALSEED, SR. : and : FAy L. MALSEED : NUMBER 01-2761-Civi~ TERM TO T~E PROTHONOTARy: Kindly reinstate the the above-captioned matter. Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02761 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS ~MALSEED RAy ESR ET AL R~. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MALSEED RAy ESR but was unable to locate Him in his bailiwick· He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT _ MORT FORE On June ~ 20th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff,s Costs: Docketing 18.00 So answers: · omas Kline r _ Dep Dauphin Co 35.25 Sheriff of Cumberland County .00 06/20/2001 MCCABE WEISBERG & CON-WAy Sworn and subscribed to before me A.D. Prothonotar~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02761 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS MALSEED RAy ESR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly SWorn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MALSEED FAY L but was unable to locate H~er in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT _ MORT FORE On June 20th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff,s Costs: So answers.../..._...~ ........... ~.~ Docketing 6.00 ~,~~ Out of County .00 ~- ..... ~/ Surcharge 10.00 ~. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 06/20/2001 MCCABE WEISBERG & CONWAy Sworn and subscribed to before me this ~ day of ~ _ ~%e~/ A.D. Prothono%a~y' In The Court of Common Pleas of Cumberland County, Pennsylvania Household Finance C~nsU~er Discount C~,~ VS. Ray E. M~lseed etal SERVE: Fay L. Malseed No. 01 2761 civil NOW, 6/6/01 · SHERIFF OF CUMBERLAND COUNTy, PA, do hereby deputize the Sheriffof~ County to execute this Writ, tiffs deputation being made at the request and risk of the Plaintiff. Sh~rift'of C~ Affidavit of Service NOW, ~ 20 at · ~' -- o'clock M. served the within -- _ l.lpOrl at__._._~ by handing to _ _ copy of the original ~ and made known to - ._ the contents thereof. SO allSWers, Sheriffof Count, PA Sworn and subscribed before COSTS SERVICE me this ~- day of_ __ , 20~ MILEAGE- ~ - $ AFFrDAVIf----~ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Household F/nance Cons~ner Discount Ccu~mm~y VS. Ray E. Malseed etal SERVE: Ray E. Malseed Sr. No. ~01 2761 civil Now, 6/6/01 __ , I, SHERIFF OF CUMBERLAND COUNTy, PA, do hereby deputize the Sheriff of D~U~in County to execute this Writ, tiffs deputation being made at the request and risk of the Plaintiff. SheriffofCumberland Corn1 .~, PA Affidavit of Service Now, __ _, 20__ , at__ o'clock __ M. served the within upon ~ by handing to a copy of the original and made known to the contents thereof. SO answers, County, PA Sworn and subscribed before COSTS SERVICE me this __ _ day of_ ~ , 20__ MILEAGE-- $ $ Mar).' Jane Snyder ~ Rea/Estate Deputy J. Daniel BasiJc Chiat'Deputv William T. Tully ' Solicitor ' Michael W. Rinehart Assistant Chief Depu~ Dauphin Count.. . Harrisimrg, Penn~'lvanin 17101 pl~: (717) 255-2660 fax: '717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania : HOUSEHOLD F3'NANCE CONSUMER D~'SCOUNT CO Coun~ of Dauphin vs : MALSEED FAY L Sheriff, s Return No. 1586-T - -2001 OTHER COUNTy NO. 01-2761 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MALSEED FAY L the DEFENDANT named in the within COMPLAINT _ MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 18, 2001 SEE BANKRUPTcy PAPERS ATTACHED FOR DEFENDANT. Sworn and subscribed to So Answers, Sheriff of Dauphin County, Pa.' PROTHONOTARY By Deputy Sheriff ~ Sheriff, s Costs: $35.25 PD 06/12/2001 RCPT NO 150901 Mar:,., Jane Snvdcr Chief~. William T. Tully Assis~t C~ef ~. Dau~in Co~w ~sbu~' ~lvan~a 17101 pk (717) 255-2~ f~x:(717)255_2889 Jack Lo ick Sheriff C°mmonweaJthofPennsylvania : HOUSEHOLD FINANCE CONS~ER DISCOUNT CO Cou. of : ~SEED FAY L Sheriff, s Return No. 1586-T - - -2001 OTHER COU~y NO. 01-2761 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ~SEED ~y E SR. the DEFEND~T named in the within COMPLAINT - MORT~GE FORECLOSURE and that I am Unable to find h~/her in the County of Dauphin, and therefore return s~e ~T ~, June 18, 2001 SEE B~KRUPTCY PAPERS ATTACHED FOR DEFEND~T. Sworn and subscribed to So Answers, PROTHONOTARY By Deputy Sheriff Sheriff, s Costs: $35.25 PD 06/12/2001 RCPT NO 150901 4 United States Bankruptcy Court NOTIC£ TO LNDIVl])UAL CONSb-%[£R DEBTOR(S) The ~r~ee ol t~ s . ' n ~ ~et4~n.~e ~ankm~ n=er which you may h~ a ~a ~ Y ' el an Bankm~cy Co~e u ' i ~om ou s~u;d ~ek the . ' a~ no~ easdy deKr ~. .. Y ~ec~ mlorney m learn el ~ur ~g~s~e~e..s am omh~e~ Imm glv,~ you ~al ~. Cna~er 7 is ~es~neo ~r de,tots In fina~ial ~Cu~ w~o =o ~t ha~ t~e aoili~ Io pay t~ ~ist- '~ ' m · ~u may claim ceftin el . ' , aMmi~ I~. ~e ~,vstee ~n I~tes the prop Y ' a ~, or 7 cno is ~ ~aifl a di~haroo of ~ur exi~i~g ~s. If. mmmo~ ce~mn ~s et tm e n ri~ ~e~sl. ~ur aUorney can ~p~atn t~ ~ns I~[ a~ ~atta~e to ~. C~ler 11 · ~esig~ prima~ly ~r tM r~rgan~at~n of a ~slfloss ~t ~ also ~aila~e · ~flsumer sAo~l~ ne r~imd ~ an a~or~. ..... ~i ~ . . . · . u~ ~ose w~se m~ aries pnmi~zly lmm ~ mm,y~n~ ~ plul ~ ~lnl~l~ fN) er 13 u ~st f W a ffan w~n the ~n to m~ ~ur c~ors 2. U~er Chaff ~ . I~ 0 t~ ~uK to m~ ~ur debts 3. U~r Cn~er 13. un~e Cn~ter 7, you m~ ~eD al ~ur pmHny, ~ exem~ Is W~ as ~ com~ue m ~ke ~ymems under Ihe plan· . r corn latin o~ p~yme~s u~er ~r pi?, ~r d~s are dKchatg~ ex~F ali~ ~ Su~ ~r 3, 2000 --/ S~ture of DeMor ' Case ~m~r - Oate United States Bankruptcy Court NOTICE TO E~DIVIDUAI. CONSUMER DEBTOR(S) ~)'f this nottce is to acquaint yOu witl~ the tour c~a~era al the The part, ese_ ....... :_~. ........ tile a benkruglgy Derision. The bankn.~tcy.law Bankruplcy <;one unaar w,..~,,]__,,~,_;;~ ~'~---'""r- ,,~U Shou d seek the so'vice ot an ~S G0mpllcared and not eas,y aee~-~ .... H-I~'=~'.'v-~.v~..~e.r th4 i~w shouIcI vou clecCe to ~ a -~iEion wi~h me tours. Court employees are pmn~o,ua [[UTII W1¥'1l¥ /VM advice. Clllptef ~-: Llqula~tloll (i130 filing fee plus S30 admllllni~;.;~a lee) 1. Chapter 7 i~ designed for deMo~ in finan;iat d]~ibuW w~ do not have the n~il~ to pay their exist. ing debts. 2. Under Chapter 7 a tndstae takes possession of all your I~:~er~'.You may claim certain al your I~'OP- arty as exempt under governing laW. The rnJstee then fiquidates Yhe IxoportY led Uses tl~e proceeds Io ply your c~<lnom iccording to priormes o( the Ba~mpt~/Code. 3. 'The purpose o~ filing a ChaPlet ? case is m obtain a discharge of Your existing del=is. Il. I~wever. discharge may De senses ay me ~uu,~. m-- ,,.- ~-,u.-.,o- ,'- defeatS. 4. Even it you receive a cl~c~arga, mere are ~ome debts that are not diSCharged under me amy. r m stiff be responsible for suc~ be~s as certain taxes and student Ioans..allmony .~. sup- Thentfo e you ay · · ed dray wh e ntoxi- I~rt payments, almlnal rast#UtlOn, and debts ~or death Or perSOnal miory csue by ;'ated from licohol or dru~s. S u..~..r e*nn n eircumm&nosc YOU may keep proporty that you Ilave purGhesed subject to valid -scu- rlty interest. Your attorney can eXl~iein the OI)boM that are Ivaila~e o You. Cbepter 11: Rm)rglnlzatton (leO0 filing fee) Che tar 11 i~ designed pr m~rlly tot t~e reor~an,'-ation of a business but i~ also available to ~ons~. _met debtOre. Pl~s provisions are qu~te come.ted, ar~ any decision by an Indivk~aJ to file a Gheptef 11 passion Shouk:l be reviewed with an attorney. CNIpter 1~: Family Faster (S~O0 firing fee) Cmpter 't2 Is designed to per.ma family ,arm~_? _m.~y_ ~,e.!r. ute to tease whOSo ino~me arlSel pflmarlly from n tamily-ow~d a Chapter 13: Repayment o! All or I~rt of the OM)ts M In Individual with Regutlf Income ($1'm Ming foe plu. ~30 administrative fee) 1. Chapter 13 b designed for aMir;duals with renu ar ir, c~me who ate tampomd.~ unabte to ply their debts but would like to pay them in Instsflmenis over a period ~ time. You are on~/el~il~ ~r ~ your dot~8 do not excee0 certain dollar amounts am forth i~ the BaN(N~GY Code. =. under che;,er m · the rt to y_youL? iS 1area years, ~t no more znan .~; 7~""' '"' 3. Under Chaplet 13. unlike Cl'~oter 7. yOu may keep all your proberfy. I~)th exempt and non-sxer~. as Io~ as you cantle to make payments under the plan. 4. Ntsr coml:)letidn of peyf~ents under your plan. yOur cl~xs are dlschergo~, oxcept illrno~ ..... restitut,on I debts lot death or long-term secured oblige- N~vent)eT 3r 2000 Date $~gnature g( Del~or Case Number ,,.information R. egard!ng ~e Deb~r.[~e~k.~e Applicable Boxes) " ~ ~r h~ ~n d~G~d or e' ~ing ~e dam ~ ~,s ~ti~n ct ~r I ~ ~d al ~u~ 1 BO ~ rain m i~ ~ar ~stn= Chl~f or Section of Binkrup~y Cedi Under Ty~ of Oebwr (Check 11[ 11 U.S.C. ~ 1121(e1 (~L[Onll) O 0 ~ 0 0 0 0 O FoRM Voluflta~ Petition eve~ :ese) .A ................................. " Pa~er or A~IiiW Of ~m Debtor (If ~e g f~r~ 1OK i~ 100) wdh t~ ~fl ~d Exhibit B SGHEDULE A.REAL pROPERTY .fldsOa~. W~. Jo~. or C~muP~" . · Location of Pmpi~ InmrIat iff PmpI~ ~----' TOTAL S I Debtor Ca~e NO. · SCHEDULE B-PERSONAL PROPER~ ~ ~.O0 ; 900 O0 F~C c~ed~C w.~.~.~M ~l $ 2,200 O0 ~.~.~ ~ ~ ~ 2~0.00 '~ SCHEDULE B.PERSONAL PROPER~ SlO0. O0 9~2 ~2i~ ~a~ (Husband's n~eJ -- SJO.O0 989 Ford ~o (~iZI'~ Ami (~o~ ~icinfed- Debtor ~PECIFY D~SCAIPTION OF pRoPEnTY pRIDyDING ~AOH EXEMPTION 11 ~ 522(6)(~) ~ S 3,00 ' 900. ~ck~g/~n~ ~c~t 11 ~ 522(~)(1) ~ S ~c. ~ld ~it~ 11 ~C 522(~)(31 S 1,200.00 ~c~11~ c~g 11 ~C 522(a)(5) $ 250.00 1964 ~. 1982 utiltlty 1989 ~st ~t~ Van 1997 ~ C1500 2999 ~ 24 Sg £.Z/.~G.~. T-OIO4 S' : pM ;2iW ~D I&lIQ) VV~4 ~ouP. RochWe~ NY a., ~ ~. and ~o ~A~ ~. tn re ~r~ _ - -- SCHEDULE D-CREDITORS HOLI ~ =. ,, ,' ,~ CQmm jn...y.., on ..ch G'" "Y P'G~ 'n "H'" ''" "J" Or "~ '" '0~' ~3}~ ,.1.," If ,~. Cfed~¢l Nlml and Mailing Add~sl I Glalm ~l ~eur~d. W~o~ Ponlofl. tf 8ny NIWN of Lil~, Ifld ~lGd~fl and SflcSuai~g Zip ~od~ Manet Vilul of PTopi~ Su~wGt to Lbn Da dt,cting Vllue I p.O, ~ ~4350 O. O0 : 2 ~ 2,~S0.00 P.O, BM , RAY ~. ,nd .?~e~3, {P~Y ,~. .I ~Or CBI~ No SCHEDULE E.CREDITORS HOLDING UNSECURED PRIORITY CLAIMS OF PRIORI~ ~ qua~g ~' O~l:~S. whC~vlr q~urfed ~lt. ~ N lmnt provCK h 11 U.S C 6 SOT(I)(4). C.~ln [am~ ind fWhgr~n Igl[qt the debtor u ~dld · 1 ~ U.S C. ~ were not M~e~ld Y ~OVCIO 1~ U S C. ! AllmO~, ~iflMalnC4 0r Su~ ml~flH 0r l~. tO ~ I~t ~0V~ · 11 U S C ~ ' I~ USC ! ~D, S~., J~YJ' ~J~d )GLSL~D, ~¥ ~. ] ~tor ~B~ ~o._ ~K~wnl SCHEDULE E-CREDiTORS HOLDING UNSECURED PRIORI~ CLAIMS CrldltO(I Nime and Mlilifli ~drels ind Goniidemd~ for Cli~ InGludlne Zip Godl : 2 C~,I~ NO,_ SCHEDULE E.CREOITOR~ HOCOIN6 UNSECUREO PRIORITY Di~ Claim Wll ~urmd. of ~tilm ~ Cf~aimf,g Nl~ ifld Mlfliflg ~ddm~ and conlidiflG~ for Clltm I JLddJ. e, 17025 .l'u.-~,a-._._e~ .es:es e~ I Debtor' Case No._ iflre..~£g, tD, $,R., RAY Z. m~md _?,e,.r~, ,r'A¥ t.. (~fknaw~l SCHEDULE F.CREDITORS HOLDING UNSECURED NONPRIORIT¥ CLAIMS ,--- - .... i'd Sn~b; hokl;ng unaaCUtOCl ct"~l wmho~t pr~Or4y aga,.sl the ~OtOruB Bir, y ept4y 0liter than I llPO~CI m a iowTI ciao i~ly IPl ioetJ~ ~lbla on a oliiffl, ptaci If~ "X' i~ ~s aokamfl zlbeled "Coci~)lm.' inciuda tnt entity 0l~ [] Che~ ~1 UoK ,f debtor Ma no creditors holdiPg unlecureg nonWiority claims 10 m~art on this Schedule F Amount of Claim Crldlto~"s Hims and Mailing Mdnsl and Consldl~itlol~ for Claim, including Zip Code If ellis b Subject to Setoff. so Sate. ~cw 6357 ,f.o. ,g;x ~02,1 Czo,:l.'~. c P,0 lox }.S~a~ee ~l~:on XS I ~c~r I : J Subtotal S 7, P92.3J · Iff re.~----.'~r~' s~.. ]~Ar E And ~ ~F ~. I ~ qd,e~) DSCHEDULE F.CREDITORS HOLDING UNSEC NONPRIORITY CLAIMS Including Zip Code If Claim · 9ub~t 151. O0 J/O0 ?,.,t J40- YqOoJt C~-o,~,eer I ~ ~,,o ~fozch l~nl:.h Al Z~,~'-.O~ PA ~,4.~407J-20346- S : L2 ,,,. . i Oet~tor Glme No. :nrl.~Z,$.f.fD, .fA., ~AY ~. ~nd ~,e~n r~ SCHEDULE ~.CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Condnulli~ Amount of Cb~m CrldZ~(I NIm~ ind MBifing AddNls I~d Conllden~n ~ including Zip (:ode II ~leim Is Sub~Gt to Sltoff, Bo S~. ~5. I Debtor Cilte No _ i~l ~o~,~ in re.~i~'' RA~. ind ~A~.~'~D, ~Y ~' ~GHEDULE G.EXEGUTORY GONTRAGT~ AND UNEXPIRED LEASES Nature of ~bto~s im~ms~ ~Niml ind MiiliPB AddrliS, iflcludmg Zip Oodl. of I S~e w~emer ~lse ~ f~ Noms~inbl Rill ~ro~y r ,~l~'rl2, $]1., .It, AZ ~. and ~ r aw,~, ,BAy ~. [ ~mr Clle NO. , , t~ re ~-~ SCHEDULE H.CODEBTORS Pllge ~ of __ SCHEDULE I-CURRENT INCOME OF INDIVIDUAL DEBTOR(S) ~ee~ ~ SPOUSE DEBTOR Clerk ~/~ e ~av~m~ O. O0 O. O0 0.00 O.O0 O.O~ ~ ~":~, '~ ~ S O . O0 300. ~ ~.c ZnM ~ ~rC ~S ~,34g.70 TOTAL ~NTHLv INCOME . .. ] - TOTAL COMBINED MONTHLY iNCOME S .. ~. 72a; ~e ~ ~ur Wl1~,~ I~w,n I &hi f.kng ~ ~,S ,,~ ~Q }G&~a:~, .YR., MAY £. and ~o,~ ~s.~n FA?' ~. ~ O0~lor ~aso NO. . SCHEDULE J-CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR "~OUl,I" ~00.00 S ~0.001 ~ ' 50. O0 O. O0 ~l~ S 0,00 O. O0 dO0. OG United States Bankruptcy Court Mlnnu~ DISTRICT OF ~ Debtor (mi ~wn) SUMMA[Y OF SCHEDULES AMOUNTS ~H~DULED ~ A~ACHE~ LIABILITIES NAME OF SCHEDU~ (YE~) ~ ~.. ~ ....:' -~ ~ 7~,ooo.oo ~~ , ...'... = .,.-, · ~;,~:..,.~, p... Aei~P,openy y .... ,. ";;"~' '.--'~.~'~ p~or.r~,~ Y 2 s 4,0~3.00 ,..,......~ ..... .....~..,=, ~ s~c~, Y ~ L ~ ~~ { ~ ...',.z , ~ . .~'...=-' . ~. [ ~ '.'...~ . · ... . ~ ..~ . [~ ,. ~.,.~ ~,..~., Seo.oo3.oo -.~.~[~. :~-::~ TalII [il~ihlwl ,~s[52,393.42 47 E-Z LEG.~- FOR,Mse UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA and I Oe~tor STATEMENT OF FINANC(AL AFF~RS OGFINITIONS tM ~m~ a~ ela/i M IbGh IffMt~. l~ man~ g~nt M ~e ~WF. q t U S.C. ~I Oq. 17033 State~t ~f Affairs. Page ..ruH-t'~-G~! L~6:iB3 F>1'1 '-~;m Y (In/~gl I/~e~! ~roup Nochest~r NY ~t,,,I-'S~JON 1 CONTINUED .. lgg8 ~'r. come: $50,000. O0 (,To~ncl 2. Income other thin from employment or operation 0f bu-ln#l. 38. PiymenU, to CredltorB. · DATES OF AMOUNT ~AME ANI~ ADDRESS OF CRi~)ITOR ~ ~ ~ c~od~te-': ~HAC ~u2y ~}200, O0 AdcL.'nen' PO Box ~7~, Ro;~h~, ~A Au~J~ C=ed~ coz': Hou3eho~d F~nance ~ 52700. O0 ~chaa~c~u~g, PA 4l. Sulfa and idmlnii~ltl~ proceedingl, ixeGuUofli, gimilhmln~ and ~chm~. ~ NONE , ~ NONE m m mmm Statement ofAffaim - Page 2 p, 24* .TUN-~-e~ ~e:8~ Pr~ :~lrm 7 ~t0;89} WIS1 G'Cdp, Roch#~r, NY Repollelllo~l, forlGloluml ifld ~tums. ~ NONE ~ NON~ ~ NONI~ ' " 8. ~ NON~ ' I. Pl~enll ~llted ~ dl~ coum/llq Or blnkmFoy. DATE OF PA~NT. ~OUNT OF ~NEY OR NAME AND ADDRESS OF PAYEE ~ME OF PAYOR IF OTHER THAN DEBTOR DESCRiPTiON AND VALUE OF 10. ~her ~ NONE , , ~ NONE ~ N~NE $tltament of Affairs - Page 3 Setoffe. NO~.E . ,. Prairie/held for another person. NONE , Prior address o~ eebtor. ~ON~[ DEC~TION UNDER PE~L~ OF PENURY BY INDI~DUAL DEBTOR · it trey l~ trul ard carrot to ~e HGt of my ~n~ff~, ~fomaflon. and HI~ Stllemont of Al'faire - Page 4 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA I.~ re ~£$£ED, SR., RAI' E. earl NA£SEED, FAY 5. Case NO. CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION 2. w~ to th~ propl~ of b[eim~ which i!=;i ~a ;OnlUmlr I do a. Prope~y to Bo Surrende~d. ~scr~ion of Prope~ C~dltor'l Name ~0~, PA 17025 Pmp~ny [o Be Retalnld. [Chec~ s,y sppl;so~ stlmmint.] of Property Cmdltofl Name ~8c l~2z ~4,c~ 1999 ~ 24 [~t ~tc~n CIT ~/~1~ F~c~g, Inc. X 1997 (~Let T~ck C1500 ~ x Signature of Debtor(i) . ~,~_~ ~ ~ooo o.~.o,~ ?~'~-/"~ . UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA in re .*4&Z,$~D, ~,q., 3MY ,~. CBIe NO Ind Chlplef ? CERTIFI~TION RE COMPUTER GENE~TED FORMS d Bm the attorney for the debto~e) ~er~n. I hereby Ce~/fy thil Iii computer-generated SChem~es =,no fom~s filecl herein do comply with the offic,al $chedule~ prescrilo.~ ~y the BBnKfl~ptcy Cc)de In(! 5linkruptcy Rule Ex~uled ~t PENN$¥LV.~NI^ under penalty of Executecl on: rqJc~bec 3. 2000 BATd]LTN ;, ~,TURIN Tm]e~n0ne f7~7t ~4-24~7 U~D STA~ BANKR~Cy COURT ~LE D~ OF ~LV~A OtbIor Cum NO, (~ ~ ~e) , H~ 202-36-5~75 Cn~ter~ S'TATEMZ,~'T OF ATTOR.'~ZY/~OR PETITIONER Pt3,SUANT TO B~.'qKZtUPTCy RULE Tbs undersigned. ~urSu~,nt to Mule a016(~). Bankruptcy Ftul,,s. states that: ('f} ?hi ueClersignlcl, il ~I &homey foe me cJeblor(I] In '~i~ ~lll. (2) T}~I ¢ompihllticir', il&i~l Or Igrled to ~ plld by the deblorCI) in this II. (i) loc IlgaJ serv~cll rlnde~l(~ Or to be ~ered in =l:x~en')~lllJon of IncI in ~ wflh ~lil ~... $ ,8,90. (b) prior to filZng this szelement, debfor(s) hevl paid ...................................................................... S ,890. O0 (C) the Unpl;d blllnCl dui incl piys01i Il ................................................................................ I -0- (3) $_ 200.00 ~! me flliag fee in th~s ca~e Ila~ been plid. (4) The sen4ce5 ~'lDCllrld ~r ~Q Z}I ~'lndefld include ~e ~llow~9: (~,) Anelys~s of the fln&ncial lifultJOn, and rancleTlng ~dvk:e encl II.l~t~tcl t~ t~e dll~t~r[$) ili datl~minJn9 wl'tll~l~ to hie · J=e,~[~=a un,ar Ti,e f ~. Uaited Sm~es Code. lO.) P~lplFa~o~ a~d filing gf fi~a Petition. IC. hld~lll of 1&~141 &nd Iilb~filies. mil'amen! =f I~i1~. ir)cl ~[hl}' ~oc~rrlln~ (c) ~qep~lllntltion of ~1 '"/l~l~l'[I) I~ me fi~'l! mleling ~f Grlc/Itor~. ¢onf~n"nstlon halting. FIiIIi! frgm $~1¥. snd c~3mpli. snce w~l~ ~eflare! Oecler No. 1. 11 ...... ' ......... '"'"' .... McCABE, WEISBERGAND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HOUSEHOLD FINANCE CONSUMER : CUMBERLAND COUNTY DISCOUNT COMPANY : COURT OF COMMON PLEAS V. RAY E. MALSEED, SR. : and : NUMBER 01-2761-CIVIL TERM FAY L. MALSEED : PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENCE J. McCAB~~, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. B,Y: TERRENCE J. MeCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount : Cumberland County Company : Court of Common Pleas 961 Weigel Drive, P.O. Box 8634 : Elmhurst, IL 60126-1058 : Ray E. Malseed, Sr. : ,.'~/.,'. ~ ~ g{ ~ '~.~TI ~ ~.i~d~ll~. P~. 4 N. Enola Drive : Enola, PA 17025 and Fay L. Malseed : 4 N. Enola Drive : Enola, PA 17025 : CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO Youhavebe~suediutourt, l~youwish tode~end~gainst Le hen demmmdado m u~ted en la eocte. Si usted qulere the claims set forth in the following pages, yon must take defenderse de estas demandas ex-pueste$ en las paginas action within twenty (20) days alter this complaint and sigulantes, usted tiane veinte (20) dias de plazo al partlr de notice are served, by entering a written appearance lafechadelademandaylanotificacion. Hacefaltaa..~entar personally or by attorney end filing in writing with the trna comparencia escrlte o en persona o con un abogado y conrt your defenses or objections to the claims set forth entregar a la corte en forma e$crita sus de[ensms o sim against you. You are warned that if you fail to do so the objecinne$ a las demandas on contra de su persona. Sea case may proceed without you and a judgment may be avisado que si u~ted no se deliende, la torte tomara entered against you by the court without h~rther notice for medidas y puede continuar la demanda en contra suya sin enymoneyclalmedinthecomplaintorforenyotherclaim prevlo avlao o notificacinn. Ademas, la corte puede or reliefrequestedby the plaintiff. You may losemoney or decidir a favor del demandente y requiere que usted property or other rights important to you. cumpla con todas las provisionse de esta demanda. Usted puede p~rder dinero o sus propiedade$ u otro$ derechos importantes para usted. YOU SHOULD TAKE THL~ PAPER TO YOUR LAWYER LLI~VE ESTA DEMANDA A UN ABOGADO AT ONCE. IF YOU DO NOT HAVE A LAWYER OR INMEDIATAMENTE. SINOTIENEABOGADOOSINO CANNOT AFFORD ONE, GO TO OR TELEPHONE THE TIENE EL DINERO SUFICIENTE DE PAGAR TAL OFFICE SET FORTH BELOW TO FIND OUT WHERE SERVICO, VAYA EN PERSONA O LLAME POR YOU CAN GETHELP. TELEFONO A LA OFICINA CUYA DLRECCION SE ENCUENTRA EScRrrA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LF. GAL. Cumberland County Bar AssociaUon Cumberland County Bar Association 2 Liber~ Avenue 2 Liberty Avenue Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-~166 C7'J.7) 249-~166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (21s) 7 oaolo Household Finance Consumer Discount : Cumberland County Company : Court of Common Pleas 961 Weigal Drive, P.O. Box 8634 : Elmhurst, IL 60126-1058 : V. ; Ray E. Malseed, Sr. : 4 N. Enola Drive : Enola, PA 17025 : and : Fay L. Malseed : 4 N. Enola Drive : Enola, PA 17025 : : Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiffis Household FinanceConsumer Discount Company, a corporation duly organized under the laws of and doing business at the above captioned address. 2. The Defendant is Ray E. Malseed, Sr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 4 N. Enola Drive, Enola, PA 17025. 3. The Defendant is Fay L. Malseed, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 4 N. Enola Drive, Enola, PA 17025. 4. On 11/17/99, mortgagors made, executed and delivered a mortgage upon the premises here/naffer described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1583, Page 187. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 4 N. Enola Drive, Enola, PA 3[7025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the en~e principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $92,368.26 Interest 9/1/00 through 3/6/01 $ 6,186.50 (Plus $27.79 per diem thereafter) Attorney's Fee $ 4,618.41 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $103,723.17 8. The attorney's fees set foxth above are in confornxity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 3[974 (43. P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 3[2 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $103,723.17, together with interest at the rate of $27.79 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff .... ~'~ %P BOX IS CHECKED. TH%S MO~TGAGF. IS A~ OP~N-EN~ MORtGaGE ANb ~CURE~ ~U~U~ ADVANCe. ~HiS ~ORTGAG~smad~th;s~a~ I~TH of NOVE~aER ]9 ~o ~t~'e~ the~or~a~or. RAY E ~AL~EED ~R -~ ~ · FAY L MALSE~D ~ Aeon r~r ~nd o~:g~ HO S HOLD FINANC CONS~ · .~ o ~uLu rINANC CONS~E DISCOUNT COMPANY a cot~ration Org~i~d and ~s~n~ un et t ~ awe o PENNSYLVANIA 25 GATE~AY DRIV~ .. ~hem;p "~ ~d~--i ~ GATEWAY 8QUAREI~UITE lOT. MECHANln;nn~G PA 1~055 The foHowiag paragraph piece, ed bE a checked box Js appJJeeb]e. ~ ~HER~S. ~w~ ;s indebted to ~nd~.jn the ~c[~l sue ~ $ 92 597.'74 ev;d~=~ ~ ~w~ Loan Repayment =d S~unt5 ~m~t or ~dar~ ~onga;= ~n ~r===t dat~ N0~E~ER 1 T, 19gg ~ any e~o~ Or renewers t~er~ (he~;= "Note"), ~din; t~ monthly J~allm~ of prinei~l ~ in~r~t, ~nd~i~ ~y adj~m~ %o the amount off ~ments or the ~nt~ rate {~ tat~ ia ~atlabl~. wi~ ~e ~1~ o~ the indeb~n~, if not s~ ~id. duc and pay~e on N0VEMSE~' 1 ~. 2029 ~ ~AS. ~ow~ is i~cb~ ~o ~d~ ~ the p~nd~l sum o[ ~ , Or ~ much t~r~f as may ~ advanc~ put. at to ~t~wer's Re~l~g Lo~ -~m~t sum a~ ann an 2Gruel ~va.~ oF ~ e. ' ' ~ S~U~ to ~r the t~¥ment oF (l) t~ indob~ evi~en~ ~ thc N~, with ;flte~ ~c~. ~ncl~n~ an7 ~no~ ~[ the ~nt~at taro ;s v~jable; ~2~ [u=ute ad~c~ und~ any Revol¥~n8 ~an A~m~t; the ~ym~t GL all other a~e, wi~ ~n~r~t t~n, adva~ Jn auc~rd~oc h~with m ~c the ~ty ~ this M~ge; and (4} the perfOrm=ce og the cov~n~ and aRt~mm~ oF ~w=r h~ein ~in~. ~o~'~ does he. by mortSa~, ~ant and ~ to ~der and ~s sue~ and ~e= ~be gollowz~ d~Hb~ tpro~ IDeated in tho ~ty ~ COMBERLAND ~ ~mmonweal~ Of Penn~l~ia: ALL THAT CERTAIN PROPERTY SITUATED IN THE TO~gHIp 0F cl~ MUHE FULLY DESCRIBED fNA FEE SIMPLE DEED DATED 11i2211083 ANO RECORDEO 1112311083. AM~G THE LAND RECORO~ OF 7HE COUNTY AND STATE ~ET FORTH ABOVE. VOL~E 3D PAGE 1050. TAX PARCEL ID: 09-14-0832-336 -.. , 08-20-~9 MTG TOOLeTRER with all the improvement~ ~ow or hereafter era:ted on Re prop~rty, and all cerements, rights, appurt~mnc~s and ren~, all o~ which shall ~ d~m~ ~ ~ and ~main a ~rt of the pm~y ~v~ ~y this Mo~; ~nd all of the ~o~going, toget~t wi~h ~d (or the l~hold ~te if lhle ~ongs~ is ~ a I~hold) are h~inafl~ ~f0~ ~o as the Pm~.' Bor~wer ~wnanm thai Bor~w~ is lawfully ~sM of ~he ~ta~ h~reby conveyM and h~ th~ right to mort~. grant and ~n~y the ~y, and ~t ~ pretty is uneneum~, ~pl fo~ ~umbran~ of ~. BOrrow~ ~va~n~ lhat Bor~ wa~an~ and will de[cad ~erally the Ii~le ~ ~a Pm~rty a~nst all claims a~d s~bj~t ~o ~um~an~m of ~o~. ' ........................... U~RM ~V~NA~S. Borrower and ~nder cov~ani and ag~ as ~ollowa: !. Paymcni of Princi~l and I~t~rest at Variablo Rates. This mor~ag~ ~wes all ~ym~ oF principal and inter~ due on ~ variable ~te loan. The contract ra~ of inter~t and ~ym~nt amounls may ~ subj~t ~ choke p~vlded in the Note. ~rmwem shall ~omplly p~ when due all amounm f~ui~ by th~ No~. 2. Fun~ for Taxes and Insu~nc~ Subj~ to a~llcabte law or ~iwr by ~nd~, ~rrow~ sh~l ~y ~ ~der on ~a ~y monthly payments of prin~l and in~t a~ ~yable unit the Not~ until i~ Note la ~id in full, a sum {her~n 'F~dsa) ~l to ~a~welfth of ~ha y~ly ~x~ and ~m~ (including co~domlnlum and plannM developm~t *~m~m. if any} ~oh may at~ln ~orlty over i~s Mo~g~ and ~ound r~n~ on the Pro~ty, any, plus on~w~l[~ of ~dy p~mlum ins~llm~ts for h~aM inSuran~, pl~ on~elfth of y~rly th~ bmls or a~m~m ~nd bl]la and ~aabl~ ~ima~ t~rmf. ~or~wet sbalt ~t ~ obNga~ ~ m~e ~h ~m~n~ of Pu~ :o ~d~ ~ t~ ~t that ]f Borrower ~y~ ~n~ to ~d~, ~o ~nds sb~l ~ held in an ;~t~tut]ofl ~c dc~si~ or a~un~ of wh;~ I~tcd or ~arnnt~d by n F~eral ut state agency (incl~ing ~nder if ~d= is such an. i~tut~on), ~n~ shall apply th~ ~un~ to ~y ~;d mx.. ~men~, insura~c~ prom;Oma .~ g~d ~;. ~n~r may not char~ for holding and applying ~ Pun~ analyzing said a~ount or v=ify;~ =nd c~pj(;ng said a~m=n~:and ~lls, u~ ~adet ~ys ~rmwe~ ;~te~t on th= ~n& and n~licabIe law ~mi~ ~ ~ ma~ s~h a ch.~. Borm~ and ~n~ may ag~ in waling a~ thc time oF emcutlon of this Mortgage t~t Jntcrcs: on ~h~ ~un~ shll ~ p~d to Borrower, and unI~ s~h ag~emen~ ia m~ or applicable law ~ul~ s~h i~ m,~ ~ald. ~det ~all ~t r~uirM to ~y ~ow~ any intent or mtnlngs on ~ Fund~, ~nder a~ll give to Borrower. wilhout char~. a~n~] ac~ti~ of the ~n~ showing ~i~ and dc~ to ~e Funds and lbo p~ for which ~h de~t to thc F~ w~ ma~. The Funds a~ pl~g~ ~ a~ditio~l ~ity For ~e su~s ~u~ by ~his Mo~age. ]f the smoot of ~ ~unda ~d by ~der, ~gcth~ with the future monthly J~allmen~ of F~ ~yable ~iot " ..... ~, -~m, ~n~ ~m~ums afl~mun~ ~s~u~g.[~'~tt ~ ~ ~ot ~ option, ~ther ~omptly ~M to BOrr~et et e~i~ ~ Botm~ on monthly ins~llments of FuMs. If the amoun~ of the ~unda hold ~ ~ ~bell not be suffici~t to ~y ~e~ ~men~, insurance p~m{ums a~ ground rca~ u t~ ~1 db~ ~et sh~l ~y to ~det any amount n~ry ~ make up th~ d~flcigney in'one ~ ma~ M ~ndet may r~uire. .. U~n ~ymcnt tn f~l of nil sums ~ur~ by this Mo~age. Le~et ;hall promptjy ~f~d m Bo~w~ any fun~ held by ~hd~. If un~ ~t~ta~ 17 ~ ~he P~porly ia ~]d or ~hc P~y Ja~therwi~ a~uir~ ~y L~d~. ~ndcr shall apply, no la~r than imm~iately prior ~ tho ~le o[ Ihe P~tty or ]~ a~ui~i6on by ~. any Fun~ held by Le~ at the time of a~llcation as a c~it agal~t the aum~ ~u~ by thla ~. Applicetloa or Pa~m~nts. ~ ~ot loans made pumuant ~ th~. P~esylvania Co~mer ~un~ Com~y Act. all pagmc~tn ~ivM ~y ~t un~r the~o~ a~ ~phs. 1 ~d 2 he.of shall ~ appli~ by L~der tlr~ in ~yment ~ amoun~ ~abm Io ~nd~ by Bor~wer un~ ~ra~h 2 h~f. rhea ~o Ia~t, and n. ~l~i ~ag~ na~ D~a ~f True; Cfii~: Lle~t ~o~ shall ~form alt oLBor~ww'a obllgat]~s unit any mon~ge, d~ o~ 'tru~ ~ other ~utity ag~ wl~h a lien which h~ priority o~r thi~ M~. inclu~ ~tto~s ~v~n~ to make ~ym~ts w~ du~ B~wer ~all ~ or ca~ t0 ~ ~id all ~ a~m~ and other o~, floes Md im~tions altd~ble to lhe Pretty whleh may a~min a prlodw over this M~ga~, end I-~hold ~me~ or ~und ~ it a~. ' 09-20-fl M~ C:T~/~-'~'d ~LETO6&~TgI6 Ol 8~L 9T9 8L-~NI3IA~BS II3/Id3-SdH ~d 90:P~ I0, ~I ~dW ~. H.azard Insurance. Borrower shall k.e, ep the ;~pro.vement~ now e~Jating or h~rea~ter erect=d on thc Prop~rt .. ~ insur~n~ carder providing ;he i~nce shall ~ ch~ by ~he Borrower suM~z re ~o~ov~ b der' form aooep~ble to ~ndcr and ah~l include a ~nda~ mor~e cla~ in fair of and tn a form n~t~ble to L~r. ~ s~[I have thc right to hold ~c ~l~ci~ ~od ~sls ther~f, sub~ ~o t ~ l~ms o~ say mo~ge, d~ of oth~r ~urt~y a~e~nt with a I ca w~0h ~ ~oncy ov~ this ~o~M~ In the e~nt of I~, ~wec sba][ ~ve prom~ ~t~ to the ~nsur~ ca?j~ and ~der. ~nd~ ma)' m~ke proof o~ I~if not made promptly by If ~e Pm~y is a~ndon~ by ~rrower, or ;f ~w~ f~ls to r~nd ~ I~der within ~0 d~ys/~Om the da~ no[i~ is m ailed by Liner to ~owet that thc insur~ ca~icr elf.s ~ ~1~ a claim for l~uranc~ ~ndi~, ~d~ au~horlz~ to ~ll~t a~d apply the insor~ ~o~s ~t ~der's option e]th~ w r~W~tlon or r~p~rof th~ Pw~rty to th~sums ~ ~ zhisM~g~c. 6. Preserw~io~ and Maintenance of Property; Lcas~olds; Coati;mixtures; Planned Unit Devclopmcn~ Bo~wcr shaft k~ ~bc ~ay la ~d ~r ~d s~ll no~ commit wasm or ~rm[t im~iemsnt or d~oragoaoI ~a~tion ~ ~venan~ creating or ~V=dng ~e ~ndo~u~ or plsnn~ unit d=valopmcnt, ;he by-laws and ~gOlatio~ of~he ~n~mlnium or planned unit d~m~t, sM ~nst/t~nt d~Um~. 7. Prot~tlon o[ Lend~r's $ecerJty. IF ~rmwer fails to ~rform ~e cov~ and agteemen~ ~ntaln~ Mot~, or if an)' a~on or ~o~ini is eomm~ wM~ msiedally aff~ ~der'a in~t in the Pmpeay, ~&r, a: ~z o~on, u~n ~li~ to BOrrower, may make such a~aranc~, dlsb~ ~h ~e, A~ a~oun~ disb~ by ~n~t pur~n~ ~ this pa~gra~ 7, whh intent tbcr~n, at the contract rai~ ~Omc ~ditional ~nde~n~ of Bo~wer ~ by this Mot tg~. Un]~ BO~r and/~nder agr~ to Otb~ ~ms oI ~ym~t, a~h ~ount~ ~11 ~ ~yab[c Upon not~ ~rom ~der to Bormw=r r~;~ ~y~t lho~I. NO~ng ~nmla~ in ;~s ~ph 7 s~l] ~uim ~ m incur any e~ or ;aka ~ acfl on hemmer, 8. las~ctJoa. ~nder may Take or cl~ lo ~ m~ge ~nable =n;r;~ u~n and i~lion; o[ the ~o~rty. ~. Co. dcm aa tio~. ~e p~ ~ nay a~ or claim for damage, gl ~ot or ~n~ntial, In connection w~ condemnation or o~ taking of thc ~o~rt~. or ~rt ~h~f, ~ for ~nve~ance {n lleu or ~ndemnatioa, a~ ~e~b~ ~ed and ~l ~ ~Jd ~ ~ndor, sub~t ~ t~ ~tms o[ any mo~ga$e, d~ of t~i or oth~ ~dty ~r~m~t with li~ which hM prior/~ ov~ ~is Mcr t~. 10. Bo~ower Nol Rel~sed; Forbearance By Leade; Not a Waiver. ~1o~'~ ~e time ~of payment or mod;~icat;~ of amortization o~ the ;u~s ~ut~ by this M0r~ grint~ by ~nder to any au~r in int~t ~ot~er sh~l not o~a;e ~ ~lea~, {~ an7 manne~, the liability o~ the original ~orm~ lng Bortow~'a S~rs in intent. ~nd~ shall not ~ r~ul~ ~ ~omm~ee ~s ~l~t a~h s~ot or ~f~ ~ ~xtend t;mc for ~ym~t or o~';~ m~fy amonlzai;o= of ~e ~mS ~c~ by this Mo~a~ by ~a el ~ dcm~d made by orlgaal ~r~w~ and ~row~'s ~rs in {n~cr~. ~y lor~ ~ ~dcr ia ex~rclslng ~y ~ghl or ~mu~er, or o~crwl~ ~fo~ ~ applicable law, shgl not be a waiv~ oI ct prelude Ibc ~i~ o[ any s~b rltbe ~: Successors and A~gns Bound; ~a~ and Several Liability; Co-sigRers. The co~n~ and ~w~, ~b~t m ~he pmvlaioas of ~rMraph 16 hc~L All cov~ and ag~men~ or ~rm~ shall ~ joint and ~v~l. A~ Bo~w~ w~ ~'sig~ zh~ ~aga~, but g~ no~ ex~c thc N0tc, (a) is ~i~ tMs Mong~ on)~ to mort~e, gr~t and ~ovey ~st ~'s intent in the Pm~rty ~ ~er under the t~ms o~ ~is K{on~g~ (b) ~s ~ly lJaMl on the No~ or under this Mortg~, and (el a~s t~t L~ and any otb~ Bormw~ h~eUng~ may No~ wi~oot that ~rrower's COast .~a ...~...., .... ~ . - ....... h~s ~tt~ga or the ...... -,~ ~,..uu, ~ mat ~otrower Or m~y;~ this Mo~ezec u la 0g-~-SS ~ ~r~w~r ~v~ for in this ~o~e shall ~ ~ by d01[ver~n~ ~t or by ma~llng such ~tice by ~tified m~t n~re~ to ~o~w~ ~t ~e ~y Rdd~ or at ~h o~ addr~ ~ ~row~ m~ d~iBnate by noti~ to ~d~ m~ aaor~ ~ m ~7 a~l;oa;e oy not~ee to ~rrowet ~ provad~ hewn. ~y not;~ p~v;~d For ;fl t~s Mortgage shall ~d~m~ to have ~ ~ven ~o ~roweror ~nd~ wh~ given in ~e maker d~i~at~ h~in. i 3. Oove~i~g Law; ~cverab][i~y. The state ~ Ioc~ laws applicable to thi~ ~ort~go shall ~ the la~ o~ jurJ~ction in which th~ P~o~y ~a locate. ~e fore. lng ~nce ~a]l not )~m~ t the appli~bility of ~ral law ~ Mor~ge. I~ t~ ev~t that any ~ v~elon or cla~ o[ ~bls Mor~ or ~he Note c~ic~ with a~lic~b[o law. s~h ~[i ~ha}l no~ a[f~t o~her p~vla~oas of ~ Morl~c or ~e ~o~ w~h can ~ ~n ~r~l w[~ho~ thc ~nffic~ng pmvis~0n, ~d to this c~ tho p~vZs~o~ o~ ~hls Mortgug~ and th~ Note am d~ 1o ~ ~v~able. ~ ~=d hcreln, ~=x~" and "stOreys' ~e~" Jncl~e al] sums to ~ ext~t not prohibited by appllcablelaw or ];~;t~ hor~n. 1 4. ~or~wet's Copy. ~tmwers~]l ~ futnished a ~nForm~ copy of the Note and of ~h~s Mo~g~e at the time of I~. ~ehsbiliMt]on Lose Ag~meat. ~rrower shall fulfill ail o[ ~orm~'s obll~t;o~ under a~ home rebab[[i~on, Jmpro~m~t, ~pa[r, or other Joan ag~m~t ~hich ~wer ent~; ;n;o e;th r~e 1~ ~nnec~on w;~ ;mpmv~en~ ~e to the ~ urea& ~a) ~e ~atmn of a hca or ~eumb~nc~ subsists ~o Z~s Mor~a~. (b) a tra~er by d~, d~eflt, o~ o~ra?on ~ Jaw u~n the ~th of ~;nt t~ant, (c) ~ gr~t of any lo~ho ~ ;n~t of th~ y~a o~ [=~ ~t ~n~i an o~son ~ p~ha~, (d) the creation of a pu~ money ~urlty in~t for ho~hold applicon, {o) a ~ansfet to a ~lativo t~ult[e~ from tho d~th a~ a Bormw~, (f) n franker whom ~c ~u~ or cMld~n'o~ tho ~t~w~ ~me own~ of :ha p~ty, {R) a Z~d~ ~t;n8 ~rom a ~rco OF dJ~olutlon of m~rriage, ]eg~ ~tion ~t~munt, or from ~n In0ldcntal p~r~' setllemcnt ag~menL by which the s~ of the Bo~we~ ~m~ an owner of ~p~y. (h) a t~f~ into an inter vjv~ trust in which the Bo~wer ~s and remains a ~ne~i~ary a~ which do~ not ~late ~ a ~ramf~ og righ~ o[ ~u~y in the ~rty, or (i) any u~er ~a~er or di~6oa d~ In ~gulatlo~ ................... e~ um~ ~r ~i~ Uormwor Jn wnt~n~ - IF l~n~ d~ ~t agr~ ~ ~h sale or tran~cr, ~0~ may d~la~ all of lhe sums ~u~d by this Mortsage to ~ Jmm~iately duo and ~able. I[ ~r ~rci~s such option ~o a~lerat~ ~d~ ~all mail ~ower n~ice ~ a~eleration in a~rdsn~ with par~ph 12 h~. Such noli~ ~dl provi~ a ~ o[ not 1~ tha~ ~ ally8 [~m ~ the n°ti~ is mail~ or dellve~ wi~ln which Borrower ma~ p~ the ~ms d~lat~ d~. if Bormw~ ~ails ~ par ~h ~uma prior ~o tho ~ration ol ~h ~rlod, ~d~ ~a~, wlthoul fur~or notjGo or demand on ~wor, invoke any ~m~;~ ~rmlt~ by ~ra~aph 17 her~f. 17, Acoel~rat~oa: Rotaries. ~cepl a~ provided Jn p~ragrapb I~ heroo~, upon Borrower'~ brea~ o[ any ~ant or ~teemont a~ Borrower i. Ihi~ Mortgage, iocludin& ibo covc~ania lo pay w~on duo any sums second by ibls Morl~a~, Lender prlot lo acceleration shall alvo noti~ lo Bur .......... cure ~uch bt~cb on or be[o~ ~e date spacl[ied in ~he nolic~ may result in a~eleragon of the sem~ secured by zhi~ Morl~c, forecl~are by j~dtclal preceding, and ~ale oI the Property. T~e .oli~ s~all further l~form BOrrower of the right to reinstale after accel~atJon nad the right lO a~rt in ~e fo~lOSUro pr~edln[ ibc no~e~isl~ Ufa dcfs HIt or a~ otb~ d~fen~ Or Borrower to a~Je~tlon and lo--closure. If the b~ is not eu~d on or ~forc ~e date s~ficd in thc nutty, L~der. at Lender's option; may decla~ all ol ~c su~s · ~ured by this M~t~ase to be immedlalely due and payable without fu~her demand nod may fo~el~e ~i~ M~t~a~ by judi~al pt~ding. ~ader ~nl] be entitled to collect ia such pro.aging ~ll expenses of foreclosurn, including, bvt not limited to, reasonable nttorne)'s' fe~ and co~ts of dooumentnry evidence, abstta~s and title reports. P~gt264 i~. ~ox"~owerSs Right to .R¢~.ust~to. Nntvdthst~nd[ng l.~ndcr's a~clcrat~en of ~bo s~ms by ~hls ~o~ dvu to ~rto~er's ~h, Bor~r ~l[ ~c ~e ~ght ~ ~vo any ~in~ ~gun by ~dcr to enforce this Mott~ge ~ont~u~ a~ aay tlmc pc~or to ~ ota j~gmcnt ento~ng thi~ Mortga~ K: Lender ~I sums wblch would ~ then duc under ~ia ~ortg~c and ~ ~o~ had no ~el~t~on ~rrowor ~ all ~ach~ of any oth~ covenan~ ~ ag~men~ of ~ortow~ ~n~n~ in ~is ~o~ge; (c) ~w~ pays ~1 ~nabl~ ex~ in~urr~ by ~nd~r in enfo~[ng ~b~ ~v~ ~nd n~m~nts of conmincd in this Mo~gage. and in ~otci~ Lender's rcmc~i= = pmvi~ in ~ragraph J7 h=t~f, including, hm not llm~x~ ~o, t~nab[= a~rotncys' t~ and (d) ~rmw~ ta~ ~ch ~ctlon u ~det may rea~nably requite ~U~ t~t ~he li=n of this Morgue. ~n~'s inter~t in 1he Pto~y =d ~orrowet's obligstiOn the abJig~ons ~u~d h~b7 s~l r~maln in full to~ and ~t~ ~ Jt no ~ra~on had h~f, in abandonment of the Pto~tty, have' the fight In collar ~d mtaln such ~ ~ ~y ~ome duo and ~yable. ~g~h 7 h~ or a~M~m~t of ghc Pro~y, ~ndec s~{l ~ ~t{t{~ ~ havc a ~eiver ap~{n~ by a ~un In unt~ u~n, ~k= ~on of ~d mamgo ~ Pm~r~ and to of th= ~ty s~ud}ng those ~I due. ~{ ~n~ coll~ed by ~= r={wt mh{{ ~ app{i~ li~ ~ p~ym~t, of costa o~ ma~gem~= of ~e Pro~rty and collation of r~m, in~ing, but not limi~ed ~o, ~v~'s p~m{ums on ~iv~s ~nds n~ ~nable attor~ys' f~, ~ IMn 1o ~e sums ~u~d by ~his ~ag~. Th= ~{v~ s~{ ~ {~ab{e ~o ~ount ~ly for ~ r~ =t~ly ~. R=I=as~ U~n ~ym~t ot ~1 sums ~u~d by ~is Mn~a~, ~der ~al{ ~1~ th{a Mortgag~ without ehar~ to ~rmw~, Bot~wmr ~ll Pa7 ~[{ ~ of ~o~a~on, ~f tony. . 21. Waiver of ~ome{t=nd. Borrower heroby wa{v~s all 6~ of ~m~d exemption {g ~h= sm~ Or P~JI law. ~Im No~ or in an z~ion ol mo~gage ~or~te ~ha[l ~ the rd~e s~a~ed in 1he PAOO1ZG~ REQUEST FOR NOTICE OP DEFAULT AND FORECLOSURE UNDER SUPERIOR It~OP. TOAGF.~ OR DEEDS OF TRUST pt[O~ty OV~ ~;~ Mo~g~ to give No~ ~ L~dae. at L~'s a~s ~t fo~h on ~ga one o~ this ~ort~e, of any ........ · " ' ~AY 'L, MALSEEO, ' ~SG ATENAV DRZYE. HECHAN~CSBUB~, PA 17055 , O~ ~h~lf of tho ~e~. B~: 8EflN~E HE~ELF~ER, ' Tid~RANCN COMMONWEALTH OP PENNSYLVANIA, CU~ B E R LAN O ~unty l, ANN~ A ~TAFFORD , ~ Nota~ Public in and for ~i~ county and ~te. dohe~by~rflfyt~t RAY E MI[fEEO. SR & FAY L ~n~ly k~wn to me to ~ ~hc same ~on(s) wh~e mine(s) ar · su~cd~ ~ ihe ~ing ;~trumeot. a~a~ ~[om me this day in ~, ~nd ~know[~ that ~ si~ and ~llvcr~ f~ volun~ry act. for the ,,~ and pur~ th~n Oiven und~ my hand a~ off{~a{ ~al. lb{s iT~h day of NO vembeY. .1~9 ~ ' Return To: R~rds Pmc~log ~7 ~mont ~mhu~t, IL O~-20-Sa MTB PAO011;; : March 22,2001 Ray ]3. Malseed, Sr. 4 lq. ]3nola Drive ]3nola, PA 17025 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 inte,~r]~ to foreclose S~ecific information about the nature of the default is provided in the attached pages. The HOM]3OWNER'S MORTGAG]3 ASSISTANC]3 PROGRAM (H]3MAP) may be able to help to save your home. This Notice expla/ns how the ~ro~,ram works. To see ifH]3MAP can help. you must ME]3T WITH A CONSUMER CREDIT COUNSRT.TlqG AG]3NCY WITHIN 30 DAYS OF TITE REC]3IPT OF THIS NOTICE. Take this Notice with you when you meet with the. Counseling Agency. The name. address and phone number of Consumer Credit Counselin~ Ag~cies servin~ your County arc listed at the end of this Notice. If you have any ouestlons. You may call the Perms¥1vania Housin,, Fb~nce Agency toll free at 1-800~342-2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. I£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 NOT~ICACIO ]3N AD JUNTO ES DE SUMA IMpORTANCIA, PUES AF]3CTA SU D]3R.ECHO A CONTINUAR VIVIENDO L:rN SU CAS]3. SI NO COMPREND]3 ]3L CONTENIDO DJ3 ]3STA NOTIFICACION OBTENGA UNA TRADUCCION IMM]3DIATAMENTE LLAMANDA ]3STA AGENCIA (PENNSYLVANIA HOUSING FINANCE AG]3NCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUED]3S S]3R ]3L]3GIBL]3 PARA UN PKESTAMO PeR EL PROGRAMA LLAMADO "HOMBOWNEP,'S EMEP, GBNCY MOKTGAGB ASSISTANCB PROGRAM" EL CUAL PUEDB SALVAR HOMEOWNEP,'$ NAME(S):SU CASA DJ3 LA P]3RDIDA D]3L D]3KECHO A.~P~D~IM_I_~ S _U HIPOT]3CA. ~R~T PROPERTY ADDRESS: 4 N. ]3nolad Drive Enola. PA ~702~ LOAN ACCOUNT NUMB]3R: 713303-00-986111 OP,.[OINAL LEND]3R: Household Finance Consumer Discount Company F/K/A Household Finance Corporation. CURKENT LENDER/SERVICER: Household Finance Consumer Discount Company F/K/A HouseholO ~Finance.-Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR F/N'ANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FOP,-ECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHERELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVAND% HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (3 0) days from the receipt of this Notice. Dtuing that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit eo~mseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE (30) DAYS OF REC'.mT OF THIS NOTICE. IF YOU D O NOT APPLY FOR EMERGENCY MORTGAGE AS SIS TANCB. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAT.LEt) "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSRnnqG AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end oftMs notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and teleehone numbers of designated forth at the end of this Notice It is only necessary to schedule one face-to-face meeting.' A~lvise your lender immediately of your intent/ons. APPLICATION FOR MORTGAGE ASSISTANC. R--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 defanIO. If you have tried and am unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they willassist 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. YOUMUSTFILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOUDO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to ma]re a decision after it receives your application. During that time, no foreclosure ~roceed!ngs 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 ARB CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY A/XrD SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 4_ N. Enolad Drive Enola. PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: approximately $880.46 for the months of October 2000 through March 2001 Other charges: TOTAL A_MOUNT PAST DUE: $5.282.76 HOW TO CURE THE DEFAULT-You rnay cute this default within THIRTY (30) DAYS of the receipt of this Notice BY PAYING TH]g TOTAL A1VIOUNT PAST DUE TO THE LENDER, WHICH IS $5.282.76. PLUS ANY'MORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE TH~TY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or rn,~no.¥ order made, payable and sent to.' Angels Williams Household Finance Consumer Discount Company i~/YdA Household Finance Corporation P.O. Box 8604 Elrnhurst, IL 60126 IF YOU DO NOT CURB THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS oft_he receipt of this Notice, the lender intends to exercise its riEhts to accelerate the mor/~aee 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 iustallrnents. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, the lender also intends to instruct its attorneys to start legal action to foreclose unou your mortgaged nronerty. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Shefiffto pay off the mortgage debt. If the lender refers your case to/ts attorneys, but you cure the delinquency before the lender begins legal proceedings age/nat you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within THIRTY (301 DAYS OF RECEIPT OF THIS NOTICE, you will not be required to nay attorney's fees. · OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all (~her s~r~s due under the mortgage. RIGHT TO CLrP~ THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DA. Ar period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other cher~es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by perfonninE any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mcr[gage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fred out at say time exactly what the required pay,nent or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Le~der: Household Finance Consumer Discount Company F/K/A Household Finance Corporatia~ Address: p.O. Box 8604. Elmhurst, IL 60126 Phone Number: 1-800-333-5848. Ext. 7695 Fax Number: 1-800-617-7744 Contact Person: Angola Williams ~FFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by tho lender at any time. ASSUMPTION OF MORTGAGE-You may or X may not sell or transfer your home to a buyer or transfor~ who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that thc other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER. LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PAI~TY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCUP,.RED, IF YOU CURE THE DEFAULT. (HOWEVER, YOUDO 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE · .. THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are'also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor· Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter· THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANy INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 1670 0002 3891 2662 RETURN RECEIPT REQUESTED Enclosure: Validation of DebtNotiee Validation of Debt Notice l~ursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1892), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be r~ailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt withis thirty days of receipt of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are descrlbed further, hereinafter. The law office of McCABE, WEISBERO AND CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USeD FOR THAT PURPOSE. The Federal Trade Commission has ruled that The FDCPA does not preclude the institution of legal action prior to the expiration of the thirty day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to pro0eed with foreclosure and ~ees, costs and/or advances by the mortgagee ~y be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. Date: March 22, 2001 !~-7,~/~/=. Terrence J./MeCabe, Esquzre McCab~, Weisberg, & Conway, P.C. First Union Building 123 South Broad Btreet Suite 2080 Philadelphia, PA 19109 PENNSYLVANIA HOUSING FINANCE AGENCY ~OMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COI/NSELING AGENCIES ~UMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717} 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717} 943-3948 March 22, 2001 Fay L. Malseed 4 N. Enola Drive Enola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in de. ts,lt, and thc I,ma~.r intends to foreclose. Specific information about the nature of the default is ~rovided in the .*t.,~hed p.~,.~ The HOMEOWNBR'S MORTGAGE ASSISTANCE PROGRAM (HBMAP) may be able to help to save yom- home. This Notice explains how the ~ro~,ram works. To see ifHEMAP can heln. you must MEET'~ A CONSUMER CREDIT COUN.qRi.II'qG AGENCY WITHIN 30 DAYS OF THE RECEIPT OF TI-lIS NOTICE. Take this Notice with you when you meet with the. The name. address and vhone number of Consumer Credit Counseli-~ A~encies servin~ your County are listed at the end of this Notice. If you have any Questions. you may call the Pen-~vlvania Hou~i-e Finance A~ency toll free at 1-800-342-2397 (Persons with impaired h~.~r~n~ can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Crexiit 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 NOTIFICACIO EN AD37JNTO ES DE SUMA IMPORTANCLA, PUBS AFECTA SU DERECHO A CONTINUAK VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DB ESTA NOTn~ICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUiVffiRO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO PeR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Ray E. Malse~d, Sr. & Fay L. Malseed PROPERTY ADDRESS: 4 N. Bnolad Drive Bnola, PA 17025 LOAN ACCOUNT NUMBBR: 713303-00~986111 ORIGINAL LENDER: Household Finance Consumer Discount Comp_~-y F/K/A Household Finance Gorpomtion CURR~NT LENDEPJSERVICER: Household Finance Consumer Discount Company F/K/A Household HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM _YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTLrRE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE Pi~OVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUI~ DEFAULT HAS BEEN CAUSED BY C~CUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS OF R~CR~T OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAT.T.Rr~ "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENC~g--If you meet with one of the consumer credit couus¢ling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desi~,~,t~.d consumer credit counselin~ a~encies for the county in which the property is located are set forth at thn end of this Notice. It is only necessary to schedule one face4o-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 le~der, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's'Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance . Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure p,roceed~ngs will be pursued against you if you have met the time requirements set forth above. You will be notified c~irectly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU' ARE CUP,.P~NTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY', THE FOLLOWING PART OF THIS NOTICE IS FOP, INFORMATION PUP.POSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mot[gage Assistance.) HOW TO CURE YOUR MORTGAGE DRFAULT (Bring it un to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at _4 N. Enolad Drive Enola. PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past dne: approximately $880.46 for the months of October 2000 through March 2001 Other charges:. TOTAL AMOUNT PAST DUE: $5.282.76 HOW TO CUI~ THE DEFAULT-You may cure ti'da default within THIRTY (30) DAYS of the receipt of fl~ls Notice ]BY PAYING TIlE TOTAL AMOUNT PA.ST DUE TO THE LENDER, WHICH IS $5.282.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pawnents must be made either by cash, cashiers check, certified check or money order m,r~, payable and sent to: Angola Williams Household Finance Consumer Discount Company I~/K/A Household Finance Corporation P.O. Box 8604 Elrahurst, IL 60126 IF YOU DO NOT CURE THE DEFAULT-If you do not oure the default within THIRTY (30) DAYS of the receipt of this Notice., .the lender intends to exercise its rights to accelerate the mort~aoe debt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged pl'ooerty, IF THE MORTGAGE IS FOKECLOSI~D UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were aotually incurred, up to $50.00. However, iflagal prooeedings are started against you, you will have to pay all reasonable attorney's fees actually incun'~d by the lender even if they exoeed $50.00. Any attorney's fees will be added to the amount you owe the lender, whioh may also inolude other reasonable costs. ~he default within the THIRTY (30) DAY OF RECEIPT OF THIS NOTICE~ you will not be required to pay attorney',~ fees. · O~OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all qther sulns due under the mortgage. ~__~GHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreolosure proceedings have begun, you still have the right to cure the default and p_[event the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount 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 the Sheriff's Sale as specified in writing by the lender and by performing' an_~other requirements under the mort~,a~e. 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. _EAi~I .IRST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months fi'om the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Nenae of Lender: Household Finance Consumer Distraint Company F/K/A Household Finance Corporation Address: ~.O. Box 8604, Elmhurst. IL 60126 Phone Number: 1-800-333-$848. Ext. 7695 Fax Number: 1-800-617-7744 Contact Person: Angela Williams EFFECT OF SHBRI-FF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the proper~y after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or X may not sell or h'ansfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TI-IE 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 I_F NO DEPAULT 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 FORECLOSUR.E 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 BANKRI~TCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE '. THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of/he debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any ioformatlon which you supply to this office may be used by us in/he collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still h ave thc right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OIr THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR ',~'H ~.g PURPO,gi~. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 1670 0002 3891 2655 RETURN RECEIPT REQUESTED Enclosure: Validation of Debt Notice Validation of Debt Notice Pursuant to the Fair Debt Collect/on Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the followlng notice.. (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any port,on thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty day per/od that the debt or any port/on thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3} Upon the consumer.s written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, ~f different from the Current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty days of receipt of this notice. If you choose to do so, we are required bylaw to cease our collection efforts unti/we have mailed that information to yon. Although we have requested that you make payment or provide a valid reason for no~payment, you still h ave the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. The law office of ~fcCABE, WEISBERO AND CONWAY, P.O. is acting as a debt collector, pursuant to the FDCFA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND AN~ INFORMATION OBTAINED WILL EE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that The FDCPA doss not preclude the institution of legal action prior to the expiration of the thirty day period. Acceptance of funds and reinstatement of the mortgage are both sub, eot to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the Bum quoted above. Please further note that any funds tendered will be subject to verification and Correctness before the matter ge concluded. Please feel free to contact t~s office upon receipt of this notice should you have an}, questions or concerns. Date~ ~arch 22, 2001 / Terrence ~. McCabe, Esquire McCabe, We~sberg, & Conway, P.C. First Uh~on Building 123 South Broad Street SUite 2080 Philadelphia, PA 19~09 ASSISTANCE PROGRAM CONSUMER C~EDIT COUNSELING AGENCIES ~EE~LAND COUNT~ Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FA3( # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 VERIFICATION The undersigned, Renee Turner, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, ~ ' ~ ~ , and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.s. ~4904 relating to Unsworn falsification to authorities. McCABE, WEISBERGAND CONWAY, P.C. B~: TERRENCE J- McCABE, ESQUIRE Attorney for Plaintiff Identification N~m~er 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HOUSEHOLD FINANCE CONSUMER : CUMBERLAND COUNTY DISCOUNT COMPANY : COURT OF COMMON PLEAS RAY E. MALSEED, SR. : and : NUMBER 01-2761-CIVIL TERM FAY L. MALSEED : PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENCE J. McCA,B~I, ESQUIRE Attorney for Plafntiff McCABE, WEISBERG AND CONWAY, P.C. By: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identi£1cation Number 16t96 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 7904010 Household Finance Consumer Discount : Cumberland County Company : Court of Common Pleas 961 Weigel Drive, P.O. Box 8634 : Elm_burst, IL 60126-1058 : : TROE COPY FROM RECORD Ray E. Malseed, Sr. .'?,~_~ l~ ~ Ig ~ '~.~rt al ~.~¥[~. Pg. 4 N. Enola Drive Enola, PA 17025 : and Fay L. Malseed : 4 N. Enola Drive : Enola, PA 17025 : Number : CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO Le hen demendado a usted an la corte. Si usted qulere You have been sued in court. If you wish to defend against defenderse de estas demandas ex-puastas en las paginas the claims set forth in the following pages, you must take siguientes, usted fieneveinte (20) dias de plazo al par tlr de action within twenty (20) days after this complaint and la fecha dela demandaylanotilicaciou. Hace folta asentar notice are served, by entering a written appearance unacomparenciaascritaoenpersenaoconunabogadoy persmm.lly or by attorney and filing in writing with the entregar a in corte en forma escrita sus de~ensas o sus court your delensas or objections to the claims set forth objecioues a las demandas en contra de su persona. Sea against you. You me warned that ff you/ail to do so the avisado que si usted no se detiende, la corte tomara case may proceed without you and a judgment may be medidas y puede continuar la demanda en contra suya sin enteredagainstyoubythecourtwithoutforthernoticefor previn aviso o notiflcaclen. Ademas, la corte puede any money claimed in the complaint or for any other ,-l~tm decidir a favor del demandante y requiere que usted or relief requested by the plaintiff. You may lose money or cumpla con todas las provisioues de es~a denmnda. Uated property or other rights important to you. puede p~der dinero o sus propiedades u otres derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER LLEVE ESTA DEMANDA A UN ABOGADO AT ONCE. IF YOU DO NOT HAVE A LAWYER OR INMEDIATAMENTE. SINOTIENEABOGADOOSINO CANNOT AFFORD ONE, GOTO OR TELEPHONE THE TIENE EL DINERO SUFICIENTE DE PAGAR TAL OFFICE SliT FORTH BELOW TO FIND OUT WHERE SERVICO, VAYA EN PERSONA O LLAME POR YOU CAN GET HELP. TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR Ab~ i ENCIA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 2 Liberty Avenue 2 Liberty Avenue Carlisle, PA 1701B Carlisle, PA 17013 (7'17} 249-3'166 ("/17) 249-~166 MeCABE, WEISBERG AND CONWA¥, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount : Cumberland County Company : Com~ of Common Pleas 961 Weigel Drive, P.O. Box 8634 : Elrahurst, IL 60126-1058 : Ray E. Maiseed, Sr. : 4 N. Enoh Drive : Enola, PA 17025 : and : Fay L. Malseed · : 4 N. Enola Drive : Enola, PA 17025 : : Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of and doing business at the above captioned address. 2. The Defendant is Ray E. Malseed, Sr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 4 N. Enola Drive, Enola, PA 17025. 3. The Defendant is Fay L. Malseed, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 4 N. Enola Drive, Enola, PA 17025. 4. On 11/17/99, mortgagors nmde, executed and de]/vered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1583, Page 187. 5. The premises subject to said mortgege is described in the mortgage attached as Exhibit "A" and is known as 4 N. Enola Drive, Enola, PA 17025. 6. The mortgage is in defaultbecause monthly payments of principal and interest upon said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $92,368.26 Interest 9/1/00 through 3/6/01 $ 6,186.50 (Plus $27.79 per diem thereafter) Attorney's Fee $ 4,618.41 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $100,723.17 8. The attorney% fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $103,723.17, together with interest at the rate of $27.79 pe~' diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. ----T'/; ........... C;'. O -CC2' TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff .. , ~ !~ ,BOX ~s CtlECKED. T~%~ MOI~TG~,GE IS A~ OP~-END MO~G~ AND ~ECu~g FUTURE ADVAnCe. RAY E MAL~EED, S~ FAY L (hewn "~rrower'~ ~nd ~g~ HOUSEHOLD F IN'NCR CON&~E~ D I SCOUNT COMPANY a ¢ot~ration org~i~d and ~[sfing under t~ laws of PENNSYLVANIA , who~ addc~ J8 25 GATEWAY DRIVE, GATEWAY ~UAREISUITE lOT. MECHANICSBURG. PA 1~0~5 ~he~ip "J ~d~-") ..... - ................. · The followiag ~ragtap~ preceded by a checked box is applicable. ~ ~HER~S, ~w~ is indebted to ~nd~ in ~e ~nc~l ~um ~ $ 92. ~g~. 2a ev~d~o~ ~ ~ ~an Repaym~t ~d S~u~t~ ~m~t or ~ndatF Mo~aga ~n NOVEMBER IT, 1999 ~ an~ e~o~ or ~newal~ their (~ia "Note"), ~dia~ J~allm~ of pr/nei~l and in~r~, i~d~i~ ~ ad~m~ to th~ amount of ~ym~ts Or the ~nt~ reit rate is variable, wl~ ~e bal~ o[ the inde~n~, if not ~ ~{d, gu~ a~d ~/ble on NOVEMaE~' 1 ~ ~A8, ~ow~ is i~cb~ to ~d~ in the pdnci~l sum ot$ , or ~ much ~[ 8~ m~ ~ sdvan~ pu~mnt to ~t~wer's R=vol~o; ~an ~m~t and extc~lona a~ ~newals th~of (he.in "No~"), vm~dlnR for mnn'thlv ln~llm~,...~: ...... p~ iot~ %or a credit [%mit ~tg I0 tho principal svm a~ve and an ~ml~al ~vance o[ ~ · ' ' ~ 8~U~ iD ~r the r~ment of (1} t~ inde~ evlde~ ~ thc No~. wi:h inte~ ~n. incl~ng auy ino~ if ~e cont~ct rate is v~iable; (2) fu~uto adg~c~ und~ ~y Rovoh'fug ~an A~em~t: (3) tbs ~yment of all oth~ a~a, wi~ lnte~t tmon, ~va~ In acc~rd~0c h~wi~ ~ ~t~t the ~ity or this M~t~gc; and {4) cbc pe~orm~ of the cov~m and ~g~m~ or ~nowcr h~8o ~in~, B~o~'~ does ~e~by mort~a~, ~ant and ~ to ~der and ~r 6 ~uc~ a~d ~i8~ the lollow~ d~rib~ pro~ Joc~ in th~ ~ty ~..CO~aERLANO ' ~mmonweal~ of Pean~l~ia: ALL THAT CERTAIN PROPERTY SITUATED IN THE TO,SHIP OF EAST ~ING MORE FULLY DESCRIBED IN A FEE SIMPLE OEEO DATED 11/2211983 AND RECORDED 1112311983. AM~G THE LAND RECOROS OF 7HE COUNTY ANO S~ATE SET FORTH AaOVE. ~ VOLUME 3D PAGE 1050. TAX PARCEL ID: 0g-14-0832-336 . 0~-20-3g MTG 68/~'1~'d t~&~TO6~.ST;'T6 0£ 86i~- 9T9 2Eg~gNI31fl~3S II3/IdO-S~H ~-~ ~:PT TO, PT igUW TOOETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurt.~r~nce~ sad rent~, all of which shil} ~ d~m~ ~ ~ and ~m~n n ~rt of th~ p~y ~v~ ~y thle ~o~o; ~nd all af zhe forgoing, toget~ with ~d ~)' (or the l~hold ~te Jf ~Ms Mo~ge~ ~ on I~hold) are berei~afx~ ~fe~ to aa ~he Bit.wet ~waa~ th~ Bor~w~ ~ lawfully ~ of the ~ta~ hereby convey~ and h~ ~ r~gbt to mirths, grant and ~n~y Ihs ~y, and ~t ~o pm~y ]s uneneum~, ~pt for ~aumbr~n~ at ~. mva~n~ ~ha~ Botrow~ warran~ and w~[l dafend ~tally the lids to ~e ~r*~ a~nst all claims a~d ~ub~t to ~um~anC~ of ~o~. ' ' ' U~RM ~V~NA~. Bocmwgr ~nd ~nder co.ant nad ng~ as [o]Jow~: 1. Payment of Principal and Iatcre~t at Variable Rstc~. Th~s mortgage ~cs all ~ym~ oF p~ncjpsl Joter~ doe on a variable rote loan. The con.act tn~ of [nter~t n~ ~ym~t ~mounls may ~ ~u~t ~ c~a~ge pmvMed iff the ~ot~. ~rmwe~ shall ~omptly ~' wh~ duc ~[1 amoun~ r~uired by thc No~, 2. ~und~ for T~xes nad lnsu~n~. Sub~ to s~Eeabie Jaw or ~iver by ~fld~, ~rrower $b~[ pay ~ ~der on ~e ~y monthly ~yme~ts of princ~l and in~t ~ ~ynblc ufl~r the Not~ until th~ Note Js ~d ~n full, n (he~n '~") ~ml to ~welfth of the y~rly ~ n~ ~m~ (i~clud~ng condominium and plnnn~ dcvelopm~t ~mm~, if ~ny) ~ch may *t~in p~orhy over ~s Mo~g~ and ~und r~n~ on the Priory, any, ~us one.woRth o~ yearly ~mlum [ns~llments for h~n~ inSuran~, pl~ one~welFtb of y~Hy ~fl~llm~ for mo~ J~u~nc~ i~ ~ny, ~]1 ~ r~bly ~m~ ~ni~sily and fmm't~me to ~e by ~der tho ~is of ~ and hi]ts and ~nnbl~ ~]m~t~ t~r~f. Bo~wer ~nll ~t ~ obl~ ~ make ~h l~ Borrower ~ys Fu~ to ~d~, ~ ~nds sb~l ~ hdd ;o an i~tJtutJon ~c ~c~i~ or ac~ua~ of which I~red or ~nran~ by n F~cral it state agenuy (incl~ng ~nder if ~d~ ]s such an. i~;tut~on). ~n~ shall apply the ~u~ to ~y ~]d ~x~ s~m~;, [nsuta~e p~m]u~ and ;rou~ r=n~. ~n~r may not charge for holding and applying ~ Pun~ analyzing aald n~t or v=ifying aaa c~p;i;n8 said ~mcn~ =and ~lls, u~ ~et ~ys ~rmwec intent on the ~ and a~llca~e law ~ml~ ~= m ma~ s~h a chs~=. Borrower and ~n~ may ngr~ ]n w~tinX M the tlme of e=e;io~ of this ~ot~gage t~t ;nto~st on th= ~un~ ~ll ~ p~d Borrower, n~ unl~ ~cb ~ment is m~ or np~icable l~w ~ s~h int~t~ ~.~ paid. ~der ~all not ~u~r~ to ~y Bo~w~ nay integer or ~rnlngs on ~c ~unda. ~nder s~]l g;ve to ~otrow~, without ~arxe. annul ~c~;i~ oF the Fu~ showing ~i~ ~d de~ to ~e Funds and tho p~ for which ~h ~t to thc F~v'~ma~.The~ndsare PI~g~ as additional ~ity For ~e su~; ~cu~ by tl~s ~on~e. Jf the amount of t~ ~u~ ~d by t~der. ~ogcth~ ~]th the future monthly ]~nllm~ of ~ ~yable ~;or " op~on, ~ther ~omptly mpaM to ~Or~er ~ cr~j~d ~ Borm~ on montMy ins~llments of ~u~s. ]f the amoun~ of the ~und~ held ~ ~et ~ul[ not be suffloi~t to ~y ~xe~ ~en~, insurance pmmlums a~ ground ream they f~l db~ ~w~ s~l ~y to ~r an~ amount n~ry m m~ke up the d~flci~ney in'one ~ mo~ ns ~ndet may r~ulre. .. U~n ~ymen: i~ f~] of ail auras ~u~ by tMs Midge, LePer sA~ll promptly ~und tn Bo~ow~ any fun~ held by ~6d~. If un~ ~r~ 17 h~ the Pm~rty is ~ld or ~he Pm~y is .otberwi~ a~ui~ ~y L~d~. ~nder shall apply. ~ lair than imm~latel~ prior m tb~ ~le of the Pm~rty or ~ s~quia ~on by ~der, ~ bald by L~d~ a~ thc time oF ~licntion ~ a c~it agal~t the sums ~u~ by this ~rt~ge. ~. AppHcetion or ~aymonts. ~ for Ioa~ m~de pumunnt ~ th~. P~nsylvan~a Co~umer ~oun~ Core,ny Act. all ~Ymen:~ ~e~v~ by ~r under tbs No~ and ~g~phs. [ and 2 ~reo~ shalt b~ appl[~ by ~t fle~ in ~ymen~ ~ nmoun~ ~able Io ~ by Bor~r und~ ~a~r~h 2 bur~[, then ~ ~t. ~d ' "e. ~idi ~{ag~ aah ~U bf Trill; C~d~; Lieh~ ~ffo~ shall ~form all oABor~w~'s obl/gat/~a un~r any monpge, d~ oF tru~ or other ~rlty a~l whh a lien whi~ h~ ~ioti~ o~ thi~ inelud]~ ~rto~ cov~n~ to ms~e ~m~ w~ du~ B~wet shall ~ or ca~ ~ ~ ~ld all ~, ~m~ and o~h~ o~, flnas ~d im~gons a:trlbu~ble to ~e Prop~ty which may at.in · ~]ofity over this M~ga~, and I~old ~men~ or ~und ~, ii Il-lO-SI MT6 PAOO liiZ 60/~Ta'd P~TOGL~T~T60l ~,E~ 9T9 0~-~3UNI31A~3S II3/IcD-S~H ~ 90:PT TO, PT ~ ~;. Hazard Insurance. Botrow~ shall keep the |m, provomonts now osiating Or h~aftor e~ on ~c Pm~rty i~u~d aga;~t 1~ by fi~. lm~ includ~ within th~ ~m "~t~nded cov~e," and ~ch oth~r hazar~ ~ ~od~r may r~uz~. ~ i~uran~ car~r providing c~ i~ance shatl ~ ch~ b~ ~he ~ormwer ~u~j~ zo ~o~ov~ ~y ~&r s~lJ have the tight to hold ~e ~lici. aQd m~wals their, su~t To t~ terms of ~y mo~e. d~ of tr~ et o~r ~uri~y e~o~ent with z lien w~ch h~iority OV~ this Mo~g~o. Jn the e~nt of I~, ~wer ehal[ We prom~ ~ot~ce Io the insur~ ca?i~ aRd ~der. ~d~ m~' m~ko of I~it ~ot mods ~mpfly b~ Borrows. If the Pm~y is a~ndon~ by ~rro~r, or i~ ~ow~ f~lg ~ r~nd ~ l~odet within ~0 days ~rom the sot[~ ia m ailed by L~n~r to ~wet that thc ;nsur~ cagier of~s to ~lc s claim for J~mncc ~a~i~, ~d~ ~uthor;~ to ~]l~t and apply the i~ur~c= ~oc~s et ~nd~r~s option ~thcr to r~mt;o~ or gp~ r o~ thc Pco~rty To the s~s ~c~cd ~y zh~ ~o~g~c. . g. Pre~fVatl~ and ~ai~tenancc of Property: Leaseholds; Condominiums; Planned Unlt Devclopmcn~ Bo~wcr shall k~p the ~o~ay Ifl ~d ~r s~d s~ll not commit wasm or ~rm ii implement or g~Orat~ofl of t~ g~s~Tion ~ ~v~n~ creatin~ or ~v~n$ the condominium or plsnn~ unit development, the b~Jaws and ~Ulstlo~ ofthe ~n~mini~m or planned uni~ d~d~m~, a~ ~stlt~t g~Umm~. · ?. Pfot~tlo~ eL ~adcf's SecgrJty. Ir ~rmwcr falls ~o ~rform ~c cov~ and ~eemen~ contiln~ in Mort~, or ;f iffy s~on or ~o~ing is comm~ whi~ martially aff~ ~de~8 in~t in thc Pm~rty, ~h~ ~d~r, a~ ~a epson, u~n ~ti~ to BOr~wcr, may make ouch a~aranc~, disb~c ~h ~e, incising r~abJo sttom~a' ~c~, and ta~ ~h ~t;on ~ is n~y ~ pro~t ~nd~'s A~ a~oon~ disbu~ by Mn~ put~ni m this pamRm~ 7. wilh JntGr~c ~et~n, at the ~nttact rate. ' ~omc ~diclo~Hnde~n~ ~ ~o~wer ~c~d bi this Mottl~c, Un]~ Bo~wer and ~nder ~r~ to oth~ ~ms el ~m~t, s~ amgunts ~Jl ~ ~aMc Upon uo~i~/rom L~=der ~o ~or~et r~u~i~ ~y~t the~. No~ng ~nmin~ in Ibis ~mgraph 7 s~[J ~u~ ~d~ ~ J~ut any e~ or ~ake ~ ae~ on I[em~r. 8. Ins~ctJon. ~der may Take or ca~ to ~ made m~nabJo cntri~ u~fl and l~ious eL The ~o~r~, 9- Condemnalion. ~e p~ Of ~y aw~ or claim for dama~, di~t or co~al. {n conaec~on wj~ any condemmgon et o~r taking of the ~o~I~. or ~rt thai, er for ~nve~ance In lleu et ~nd~Mtlon, s~ ~ed and ~!I ~ ~id w ~dcr. sub~t ~ ~e ~tms eL a~ moa~ de~ of trot or oth~ s~rity agr~m~t with a li~ w~ h~ prlorit~ o~ this Mor~. 10. Bot~wet NeE Released: ~oebearance BF Lend~ NOt a Waiver. ~io~'~ ~e t{me ~ot ~men~ or modiIi~fl~ et amor~ati~ o~ the sums ~t~ b~ this Mot~ gr~nt~ b~ M~er m any au~r in int~t eL ~or~'et IhS] not o~eTe ~ ~1~, in any manner, the liab~Ji:y o[ the original ~or~wet and Botto~'a suc~ in intense. ~nd~ s~ll not ~ r~ui~ to commie ~a a~i~t e~h a~ot or mfu~ m ~tend time for ~ym~t or O~'J~ m~y amo~izalioa et ~e ~mS ~ by this Mo~ ~ ~n o[ an~ domed ma~ by the ori~nal ~rrow~ and Borrow~'e ~o~ in ~tc~. ~ ~or~arancc ~ ~dcr la ~grclsing ~ fi~ or rem~y h~u~cG or o~erwi~ ~fo~ ~ a~i~Me law, sh~l not be a waiv~ of 0t prglude the ~c~ eL any s~h right or ~ Suc~s~s nad Assigns Bound; l~at and gev~nl Liability; Co-sigRers. The co~nan~ and ag~m~ ~in ~n~in~ shall hind. ~d ~e ~m ~eu~ a~ll inug to. the ~eg~ su~m and ~i~s of ~d~ ~wer, ~b~i to the pmviaio~ o~ ~r~ra~ 16 ~r~f. All ~v~an~ and ~m~ ~ ~r~ shall ~ ~int and ~ve~l. A~ Bo~wer w~o ~-signs ~hls ~nga~, b~ d~ not ex~e the Nog, (a) is ~ng %bls Mon~ only to mot t~e, gt~t and ~nvey ~at ~w~'s intent in the ~r~ ~ L~er under the terms o~ ~i~ Mnn~ (b) is not ~slly liaM& on thc No~ or under this Mortga~. a~ (oJ a~ t~t L~ and an~ o~ aormw~ ~und~ may a~e m ~nd. m~if~, f~e~ar, ~t m~ke any other ~m m~ons with ~p~ to ~c tcrms of ~his ~rt~ga or the No~ wJ~out lhnt ~rrowet's ~n~nt aM wit~ut ~ele~ng that Borrower or m~ifyi~ this Mo~a~ u to Bo~wer's ifl~t in t~ P~,aIO~.!lETt~ 01 B6g& !~T9 OEC~SNl~Ifl~35 iI~/ld~-5..~l ~1_-I 5(~:PT TO, PT iSUN ~ 12. Notice. Except t'or an)' notice required under nppllcabie law to be glvcn la another manner, (a) any notice Borcowex provided for in this Mortgage shall be given b.v dcllvetlng it or by mailing such notice by certified mail addteesed to Borrower at the [:~opocty Address or at such oth~ add~ess as Borrower may designate by notice to Lend~- as " provlded herein Ired (b) a ILYnotice to Lender eh~ll.toe ,elves I~v ~,.~(;,,..t ,...; J .*.-. ~---..~.'....,.4-,.--~, .....~, ~-.,-, ,,- other aoorcss ns 1.~iiOer may oe~gnete oy nctsee to .UOrrowcr es prowded here~n. Any notsce p~ov~ded For m this Mot tgage shall bed~emed to have been g~ven to Borrower or Lend~ whe~ giYen in the manner designated heceln. 13. Governlng Law; $¢vetabil. ity. The state and Inca{ laws appKeable to thla Mortgage ah~ll be the laws of ',.be juriadlc~ion in wMnh the P~op~"O' is located. The fore~L, Olng ~tence shall not limlt the applicability of ]Federal law to this Mortgage. ~n thc event that any pro vision or clause of thio Mortgage or the Note conflicts with applicab[~ law. ~dch conflict shall not affect other prey{sloss of th{~ ~ort~ge or the ~ote wE{ch can be given ~Ff0ct without the conflicting provision, and Io this end the provisionm of this lViottgage and fha Note nrc declared mo b~ severable. As used be~n, "costs,' 'expenses' and "attorneys' fec~' include all sums to the extent not prohlb~ted by applicable Jaw or I/m/ted herein. 14. Borrower's Copy. Botmwernhali be furnished s conformed copy of the Note and of this Mortgage st the tlme e~ecution er a:mr recordation hereof. 'i l:{. ~ehnbllitatiOn Loan Ad.cement. Borrower shall Fulfill all of Borrower's obligations under an7 home rehabilitatio~, improvement, repair, or other loan agreement which BorrOwer enter.~ lmo tv;th T~nttee · any n~ts cmtels oroerenscs ~vflJcn ~orrower may have a&ainst pert~es who supply labor, metro'isis ar servlce, s tn' ... coflncc~on wl~ imprnvemeAta madeto the Prnport)' . i (,, Tranafct of the Ptoperty. ]f Borrowcr aslla or trensfeta all or any part of thc Propcrty or an intnrest thcre{n, : exc{ udln& (a) t&e creation of a llco or encumbrance subordinate to this Mortgage. (b) a transfer by devise, descent, or by operation of Jaw upon the death of a ~oint tenant, (c) the grsnt of any fca~ho[d jn~c~:~ of three yea~ or le~ not COntaJn~e~ an up:ion to purchase. (d) the cteatlon o~ a purchase money socurlty interest for household appliances, (c) · t~nsfer to a relative reSult{fig from the death of a Bormwe~', (fi n transfer where the spou.~ or chUdrcn'of the Borrower become an · ' owner of th~ pro{:,~tty, [R) at t~nsfer feaultlng from a dec¢ce of dissolution of marrlage, IegeJ ~epatation aRrcement, or from a~n Inaldentsl property asttlcmcot agreement, by which the spouse of the Borrowc~ becomes an owner OF The property, (h) a transfer into an inter vivos trust in which the Bonruwer is sad remains n beneficiary and which does not relate m a ~ransfer of ti{this of occupancy in the pruperty, or (i) any uther u'ans[cr or dlspo~tiun described in regulations prescribed by the l~ederal Home Loan Bank Board, Borrower shaU cause to beSt~.bmltted in for,'~al;~,p -es, ?:..,~ ~., the Hoto an'~ th~s MOrtgage urde~ Lender releases Borrowsf in writl . If!~enderd~esn~ta8rcetosuch.sale~rtran.t~cr'j~e~dermaydcc]sresU~fthe~urnsse:~redb¥thlsM~rtgaget~be ~mmedlateiy due ami payable. If Lender exercsess such option to accelerate, Lender shall mail Borrower no,ice accalerstloa {n accordance with paragraph 12 hereof. Such notice sha{I provide a purled of not ie~s than ~0 days from the date `~be n~tios |s mai~ed ~r de~lvered w~th~n wh~cb B~r~wet may pa~ the sum$ dec~ated due. l f B~ rower ~i~ to ~y such mums pt{or to the e~p{rat{on of euch puffed, Lender fnsy, without further notice or demand on .Borrower, invoke any rcmed{e~ p~rmltted by para.apb l? hereof. NON-UNII~O.RM COVEN.AN'TS. Borrower and.l~, r~er furthetcovenant sad agree asfolJows: 17. Acceleration: Remedies. E~cept ss provfdcd in p~rsgraph 16 hereo~, upon Borrower's.breach of any a2-,'¢oant or agreement of Borrower in this Mortgage, Including thc covenants to pay when due any sums securod by this Mortgaigo, Lender prior to acceleration shall ~ivc notice to Borrower aa provided in cuFe such b~eaeh on or before the date speolfled in the notice may result in acceleration of the sams sectored by this Mort~gc. fore¢loxnre by ~udicisl pfnceeding, sad sale of the Property. The notice shall further Inform Borrower of the right to reinstate after aceelnrntJon and the right tO assert in the forcolosur~ pro,ending thc noae~Jslerien Of s default or any other del'ease of Borrower to acceleretion and foreclosure, if the bred r.h is eot ,'ured on or before the dote speclflcd in the notice, Lender, st Lender's option; mey declare all of the sufr/s secured by this MottsaSe to be immediately due and payable without farther demaIld and may foreclose thi~ Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not llmitd to, reasonable attorneys' fee., sad costs of documentary cvidence, abstracts sad title reports. 09 -21~05 I~ PAOOI264 60/~0'd P~TG~TaTG O~ 8~£~ 9T9 Ok-'9~Nl311~gBS II3/ld3-S=fl'l ~ 8B:~T TO, PT ~b14 to ~r~we~'s ~h, Borrower ~1[ ~vc ~e ~ht ~ ~x'o any ~;n~ ~gun by ~der to en[otce ~ott~ge di~ont;nu~ at say t;mc prior to ~ o[ a j~gmcnt enfo~ng th;a Mortg~ if: (a) Lcndcr ~I sum; which would ~ then duc uedcr L~;s ~Ortg~= and ~c ~o~ ~d no ~el~t;on ~ur~d; (b) ~rmwor c~ all ~=ach~ of any otb= cuvcnaom ~ as~men~ of ~orrow~ ~n~in~ Jn ~is ~o~; (u) ~row~ pays ~1 ~na~le ex~n~ ;aCUrr~ by ~nder iff eh[o~c;a8 ~he ~v~ and agrecmcn~ ~n~nM in t~s ~o~g~e. and in ~o~i~ ~nd='s remcd]~ ~ ~v;d~a in ~ragraph ]7 het~L ;ncluding, hut not llmZt~ to, r~nablc attorney6' [~ and (d) ~rmwcr ta~ ~ch action u ~der may rea~nably require ~Um t~t the lien of this Morgue, ~n~'s ;nter~t in the Proarty ~d 8ortower's obligation to ~y ~e sums ~cu~ by ~s Mop.ge ~ait c~tln~ un;m~md. U~n such p~ment sad cu~ by Bor~wer. th~s ~ort&age an~ . the obligations ~c~ h~by s~ll rema;n ;n full fo~ and ~[~ as if no ~eratfofl had ~u~ed. I~. A~s;;pmcRt..o~. Rcntsi.'~ppoiotment of Reviver. ~ s~tional ~u~y h~undet, U~n ac~{erat~on'un~r pan~m~h~ h~f or aband~m~t of the Pro~y. ~nder s~ll ~ mtltl~ ~ have a ~eiv~r ap~in~ by a ~u~ to cat~ u~n, ~kc ~on of ~d ma~ th~ Pr~r~ and to collar of th~ ~ty i~ludin$ tho~ ~t due. All ~n~ coll~ by ~e ~iver s~ll ~ applJ~ lira ~ paTm~t, of thc corm o[ ma~g~t Of ~e Pro~rty and eoli<tion of r~, in~i~g, but not llmimd ~o, p~mlums on ~iv~ ~nds a~ ~aable attot~s' fe~, a~ t~n 1o ~e sums ~u~ by ih[s Mong~e, The ~iv~ s~1 ~ liable to a~unt ~ly for ~ r~ ~ly ~lved. ~, Relea$~ U~n ~ym~t of ~1 sums ~d by ~is MoSaic, ~gee shall ~l~ this Mortga~ without c~t~ to ~rmw~. Boreower s~11 pa7 all c~ of ~oo~aflon, ir . 21. Waiver of Hom~tead. BOrrower hereby wah'~s all ri~t of ~m~ exempt[BO iff lh¢ Pretty under sm~ or p~al law. ~h~ Note or in an a~ion ~ moagage [or~re shall ~ the t~te stat~ in zhe . .......... REQUF~T FOR NOTICE O1~ DEFAULT -- AND FORBCLOSURE UNDI~ SUPERIOR MOIITOAOH,~ OR DI!ED$ O]~ TRUST Borrower and L,'flder request the holder o! any mortga§e, deed o~ tr0st or other eflcumbran~ w;th a lien which has priority over this Mort~ll~ to glv¢ ~otic~ ~ L~der, zt L~cr's a~s ~ fo~h on ~ge o~e o~ this Mort~, ot any FAY L RALSEEO ..... ~5¢ ATENAY DRZVE. HECHANICSBURG, PA 17055 On ~half of tho ~der. By: BERNIE HEFFELFIN~ER, Tide:BR~NCH RANAGER COMMONW~LTH OF P~NNSYLVANIA, CUNBERLAt~D C~unty I. AN ~.E, A STAF FO RD , s Nota~ P~bllc in and ~or ~d count)' and ~te, do h~by ~r~fy that RAY E ~AtSEEO. SR i FAY L ~At~EED ., ~dly k~n Io me to ~ ~o same ~mon(s) ~h~c ~mc(s) ~ su~cH~ ~ Tho ~ing i~trumenT, a~a~ ~[ore mc this d~ in ~On, ,nd ~knowl~ that ~ ~ ~h~ t ~ fr~ volun~ry a~t, ~or the ,,~ Oiv~ under my hand n~ oifidal ~l, th{s iTZh , ,. day ol Return To: Rc~rds P~[ng S~vJc~ ~ ~mont Road · ~&~IO6a~TaT6 01 ~£a 9T9 8£9~'d~I3IA~BS II3/Id3-S~H ~ 60:~T TO, PT ~ March 22, 2001 Ray E. Malseed. 4 N. Enola Drive Enola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your bnme is in ~le.r..lt, and the lender intends to foreclose, Specific information about the ~.ture of the default is nrovided in the attached naees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (H'EMAP) may be able to hein to save veer ;a0me. This Notice er~lalns how the program works. To see ifHEMAP can help. you mnst MEET WITH A CONSUMER CREDIT COUNSELING AGENCY ~WiTHIlq 30 DAYS OF THE RE/~.RIPT OF THIS NOTICE. Take this Notice with you when you meet with the The name. ~dr~ress and p%~pe number of Consumer Credit Counseling, A~encies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housin~ Finance Aeencv toll free at 1-800-342-2397 (Persons with impaired hearin~ can call (7171 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 sn attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DBRECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRBNDR EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMBDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO PeR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALYAR HOMEOWNER'S NAME(s):SU CASA DE LA PERI)IDA]~.~]~~~~ B ~DEL DER.ECHO A ~I~D_IM_IR_ SU HIPOTECA. ~ [~~'~ ~ ~ PROPERTY ADDRESS: 4 N~ad Drive Enola. PA I7D25'" LOAN ACCOUNT NUMBER: 713303-00-986111 ORIGINAL LENDER: Household F!,~:-ee Consumer Discount Company FfK/A Household Finance Co oration CLFRRENT LENDER/SERVICER: Household Finance Consumer Discount Company F/K/A Household HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM _YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND I4RT.P YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU 1VIEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)days from the receipt o fthis Notico. During that time you must arrange and attend a "face-to-face" menting with one of the consumer credit counseling agencies listed at the end of this Notice. TI~S MEETING MUST OCCUR WITHIN THE ¢30') DAYS OF RECEIPT OF THIS NOTICE. IF YOU D O NOT APPLY FOR EMERGENCY MORTGAGE AS SIS TANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURB YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The urines. Raa~sses and telephone numbers of designated consumer eredft couns~.l{,~ a~encies for the county in which the nrope~tv 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 ASSISTANCEs-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 m~ 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 Homenwner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~-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 p, roceed!ngs will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the P~nnsylvania Housing Finance Agency of its decision on your application. NOTE: 1F YOU AR~ CURI~NTLY PROTECTED BY THE FILiNG OF A PETITION iN BANKRUPTCY, ~ FOLLOW'~G PART OF THIS NOTICE IS FOR INFORMATION pURPOSES ONLY AND SHOULD NOT BB CONSIDER.ED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~, it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at _4 N. Bnolad Drive Enola. PA 17025 IS SERIOUSLY iN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts ate now past due: apprcximatelv $880.46 for the months of October 2000 through March 2001 Other charges: TOTAL AMOUNT PAST DUE: $5.282.76 HOW TO CUP~ THE DEFAULT-You may cure this default within THIRTY (30) DAYS of the receipt of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,282.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. payrn~nt~e must be made either by cash, cashier's check, certified check or money order made a able and sent to' Angela Williams Household Finance Consumer Discount Company F/K/A Household Finance Corporation P.O. Box 8604 Elmhurst, IL 60126 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the receipt of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balancc 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 OF RECEIPT OF THIS NOTICE, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort~,a~ed nronert-v. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged properly will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure thc delinquency before the lender begins legal proceedings against you, you will still be re4uircd to pay the reasonable attorney's fees that were actually incun'ed, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incnrred 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 THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, you will not be reouired to oar attorney's fees. · OT~ER LBNDEI~- RBMEDrR. S--The lender may also sue you personally for the unpaid principal balance and all Qt,her su'ms due under the mortgage. KIGHT TO CLrP~ THE DEFAULT PRIOP~ 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 cum the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount than ap_~due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as s~ec~n~.r~ in writin~ bv the lender and by performin.~ ~ other requirements under the mortgage. Curiug your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EAFI.rR.~T POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lander. HOW TO CONTACT THE LENDER: Name of Lender: Household Fin ance Consumer Discount Company F/IUA Household Finance Corporation Address: P_P.O. Box 9604, Elmhurst. IL 60126 Phone Number: 1-800-333-5848. Ext. 7695 Fax Number: 1-800-617-7744 Coutact Person: An els Wflliarns EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will and your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property a~er the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lander at any time. ASSUMPTION OF MOKTGAGB--You may or X may not sell or transfer your home to a buyer or trausfere~ who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs ate paid prior to or at the sale and that the other requiremants of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PP~OPBRTY TO OBTAIN MONEY TO PAY OFF THE MOi~TGAGE DEBT OR TO BORROW MONEY FROM ANOTHBK LENDING INSTrr[rrION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MOI~TGAGB RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURB THE DEFAULT. (HOWEVBK, YOU DO NOT HAVE THIS KIGHT TO CURB YOUK DEFAULT MORE THAN THINE TIMES IN ANY CALENDAR YEAR..) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING ANY OTHBI~. LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LBNDBP~. - TO SEEK PROTECTION UNDBK THE FEDERAL BANKRUPTCY LAW. FOR CONSU1VIER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are'also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MA.~L NUMBER 7000 1670 0002 3891 2662 RETURN RECEIPT REQUESTED Enolosure: Validation of Debt Notice Validation of Debt Notice "' ~urauant to the Fair Debt Collection Practice Act (FDCPA) (1§ USC 1692), a consumer debtor is req~/ired to he sent the following notice= (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will he mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty days of receipt of this notice. Ifyou choose to do so, we are required by law to cease our collection efforts until ~ve have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written reqnest~ within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. The law office of McCABE, WEISBER~ AND CONWAY, P.C. is acting ss a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USeD FOR THAT PURPOSE. The Federal Trade Commission has ruled that The FDCPA does not preclude the institution of legal action prior to the expiration of the thirty day period. Acceptance of funds and reinstatement of the mortgage .are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. Terrence J./McCabe, Esquire McCabe, Welsberg, a Conway, P.C. First Union Building 123 South Broad Street Suite 2080 Philadelphia, PA 19109 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS ' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylwania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717} 243-3948 March 22, 2001 Fay L. Mslseed 4 N. Enola Drive ~.nola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an o~e.~al 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 pa~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the nrom'am works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE Rt~O-RIPT OF THIS NOTICE. Take thi~ Notice with you when you meet with the ¢ounsehng Agency. The ngme, address and phone number of Consumer Credit Counseling, A~encies servin~ your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housin~ Finance A~encv toll free at 1-800-342-2397 (Persons with imnaired 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 NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONT1NUAK VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SEK ELEGIBLE PARA UN PRESTAMO POt[ EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Ray E. Malseed. Sr. 8: Fay L. Malseed PROPERTY ADDRESS: 4 N. Enolad Drive Enola. PA 17025 LOAN ACCOUNT NUMBER: 713303-00-986111 ORIGINAL LENDER: Household Finance Consumer Discount Comoanv F/I(JA Household CLrRRENT LENDER/SERVICER: }Iousehold Finance Consumer Discount Company F/K/A Honsehold I-IOMEOWNF-,~'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM _YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HRI.P YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ~ IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMBNTS, AND - IF YOU MEET OTHBR. ELIGIBIL1TY REQUnlEMENTS BSTABLISHBD BY THB PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you arc entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from tho date of this Notice. During that time you must arrange and att~,ud 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 OF RECEIPT OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICB CA~'J.ED "HOW TO CURE YOUR MORTGAGI~ DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. (~ONSUMBR CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit cou,~seling 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 ,~sr~es, addresses and telephone numbers of desilnated consumer credit counselin~ s~.ncies for the county in whi~.h the ~reo~tv is located ar~ set forth at the md 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 defaulO. 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, si~n and file a completed Homeowner's'Emergency Assistance Program Application with one of the designated consumer credit counseling agencies list~ at the end of this Notice. Only consumer credit counseling agencies have the 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 thin'y (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PI~.OMPTLY. IF YOUFAILTO DO SO OR IFYOUDO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~u~--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 Agancy has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure p. roceed./ngs will be pursue.d against you if you have met the time require, ments set forth above. You will be notified directly by the Permsylvama Housing Finance Agency of its decision on your application. NOTE: IF YOLI ARB CURRENTLY PROTECTED BY TNB FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR. INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERJ~D AS AN ATT~.MPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mo~gage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at _4 N. Enolad Drive Enola~ PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: approximately $880.,46 for the months of October 2000 through March 2001 Other charges:. TOTAL AM[OUNT PAST DUE: $5.282.76 HOW TO CURE THE DEFAULT--You may cure this default within TH_~TY (30) DAYS of the receipt of this Notice BY PAYING TI~0[~ TOTAL AMOUNT PA.ST DUE TO THE LENDER, WHICH IS $5.282.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pswnants must be made either by cash. cashier's check, certified check or money order rn~ae payable and sent to: Angela Williams Household Finance Consumer Discount Company Fff-JA Household Finance Corporation P.O. Box 8604 Elmhurst, IL 60126 IF YOU DO NOT CURE THE DEFAULT--If you do not cum the default within THIRTY (30) DAYS of the receipt 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/mmediately and you rnay lose the chance to pay the mortgage/n monthly installments. If full payment of the total amount p~st due is not rnade within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose ul~on your mort=seed property. IF THE MOR.TGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the 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 against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will l~ve to pay all reasonable attorney's fees actually incurred by thc lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If_you cure the de£auit within the THIRTY (30~ DAY OF RECEIPT OF THIS NOTICE, you will not be required to pay attorney's fees. _OTHER- LENDER KEMEDIES--The lender may also sue you personally for the unpaid principal balance and all o,~her sufns due under the mortgage. _RIGHT TO CUR_E 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 l~_~vent the sale at an,/time up to one hour before the Sheriffs Sale. You may do so by vavin~ the total amount then past due, plus any late or other charges them due, reasonable attorney's fees and costs connected with the foreclosure sale and an,/other costs connected with the She.~s Sale as soecified in writin~ by the lender and by l~erfonning a~n,/other requirements under the mortoa~e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of tho Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure. the default will increase the longer you wait. You may find out at any time exactly what the required paymemt or action will bt by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Household Fh~ anco Consumer Discount Comoan¥ F/K/A Household FinanCe C°rcorati°n Address: ~P.O. Box 8604. Elmhurst. IL 60126 Phone Number: 1-800-333-5848. Ext. 7695 Fax Number: 1-800-61%7744 Contact Person: Angola Williams ~FFBCT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged properly end your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You. may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale end that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PKOPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR. TO BORKOW 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, (HOWtIVEK, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREB TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OK ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSEKT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PR.OTF_,C'rION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE .. THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rightz are described further, hereinafter. ~THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W~[LL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 1670 0002 3891 2655 RETURN RECEIPT REQUESTBD Enclosure: Validation of Debt Notloe Yalidation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice= (1) unless the consumer, within thirty (~0) days after receipt o£ this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand ~r immediate payment does not ~iminate your right to dispute this debt within thirty da~ of recent ofthh notice. If you choose ~ do so, we are required by law to cease our coHectlon efforts until we have mailed that in~rm~ion to you. Although we have requested ~at you make payment or provide a valid reason ~r nonpaymen~ you still have the right to make a wri~en request~ within ~ir~ days of your recent of this notice, ~r more in~rmation about the debt. Your fights ere described ~rthe~ hereina~en The law office of McCABE, WEI~BER~ AND CONWA¥, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE ANDLETTER ARE ANATTEMPT TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOB THAT PURPOSE. The Federal Trade Co~ission has ruled that The FDCPA does not preclude the institution of le~al action prior to the expiration of the thirty day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. Terrenoe ~. McCabe, Esquire MoCabe, Welshers, & Conway, P.C. First Union Building 123 South Broad Street Suite 2080 Philadelphia,'PA 19109 .. ~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX % (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 VERIFICATIO____~N The undersigned, Renee Turner, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, she ia authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.