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HomeMy WebLinkAbout01-4850 LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY 26 W. HIGH STREE2~'~---~'':~ 2109 MARKET STREET CARLISLE, PA 17013 CAMP HILL, PA 17011 PHONE (717) 243-6222 PHONE (717) 73%3405 CERTIFIED COPY: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Johnna J Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,: ~9/., /_.//~',~ ~ CIVIL ACTION - Law MORTGAGE FORECLOSURE NOTICE You have been sued in court If you wish to defend against the claims set forth in the followin9 pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717 - 249 - 3166 800 - 990 - 9108 NOTICIA Le hah demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECClON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENClA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717 - 249 - 3166 800 - 990 - 9108 Account no.0275.414-010655 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff vi. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - Law MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, Mellon Bank N. A., by and through its attorneys, SAIDIS, SHUFF FLOWER & LINDSAY, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Mellon Bank, N. A., is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at Two Mellon Bank Center, Pittsburgh, Pennsylvania, 17259 2. The defendant(s) are Walter A. Loomis and Evelyne Loomis is/are an adult individual whose last known address is 437 North 2nd Street, Wormleysburg, PA 17043. 3. On or about November 14, 1997 the Defendants borrowed from and agreed to repay to Bank the sum of sixty three thousand one hundred and one and 40/100 dollars ($63,101.40) ("Loan"). As security for the Loan, Defendants executed and delivered to Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon situate in the, Cumberland County, Commonwealth of Pennsylvania known and numbered as 437 North 2n~ Street, Wormleysburg, PA 17043. At all other times relevant hereto, Defendants remain the record and sole owners of the property. A description of the property is attached hereto, made a part hereof and marked as Exhibit "A". Account no. 0275,414-4010655 2 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 4. On or about November 19, 1997, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1417 Page 150. A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit "8". 5. The mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of defendants. 6. Under the terms and condition of the Note ("Note"), defendants agreed to make monthly payments to Bank in the amount of six hundred twenty-six and 99/100 dollars ($626.99) beginning December 27, 1997, and continuing each month thereafter. 7. Defendants have breached the terms and conditions of the Mortgage and Note and are in default under such terms and conditions because they have failed to make payment required in accordance with the terms thereof November 27th, 2000 and subsequent months. 8. Defendants are presently indebted to Bank, as of July 25TM, 2001 in the amount sixty-six thousand and four hundred and seventy-one and 38/100 dollars ($66,471.38) itemized as follows: Principal Balance Interest to and including 07/25/2001 at $15.27 per diem Late Charges Attorney collection fees Total Due $59,347. 67 $ 3,95627 $ 202.44 $ 2,965.00 $66,471.38 9. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 8 above, cost incurred by Bank as a result of the institution of theses legal proceedings. 10. The obligation owed by Defendants to Bank continues to accrue interest thereon at the rate of $15.27 per diem, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys fees. 11. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P. L. 385 No. 91, 35 P. S. Section 1680.401c et seq., the Combined Act 91/6 Notice, Notice of Intent to Foreclose and of Defendant's rights under said Act was forwarded to defendants on May 24, Account no. 0275.414-4010655 3 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 2001 by United States mail, first class, postage pre-paid, and certified mail, return receipt requested. A copy of said Notice is attached hereto and marked as Exhibit "C". 12. Copies of the mailing receipts, postal forms 3817, evidencing receipt of said Notices are attached hereto and marked Exhibit "D". 13. As set forth above, Bank has made demand upon Defendants herein to cure the default under the aforesaid Mortgage and Note However, Defendants have refused and failed and continues to refuse and fail to cure this default WHEREFORE, Plaintiff Mellon Bank, N. A, demands judgment against Walter A. Loomis and Evelyne Loomis, defendant(s) in the amount of sixty-six thousand and four hundred and seventy-one and 38/100 dollars ($66,471.38) dollars plus interest at the rate of $15.27 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. SAIDIS, SHUFF, FLOWER & LINDSAY Dated: August 01, 2001 /J~na J. K/c/~ky, I~squire /¢¢~fforney f/cP'Plaintiff Account no. 0275.414-40 ! 0655 4 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA MELLON BANK N. A., Plaintiff vii. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL ACTION - Law MORTGAGE FORECLOSURE VERIFICATION I verify that statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. Mellon Bank, N. A. Eileen Thiry ,~ 5 I,EGAI, DESCRIpTTON ~ ALI, THA? CERTAZN PROPERTY SITUATED IN BOROUGH OF NORHLEYBBURG IN THE COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANZA AND BETNG DESCRIBED IN A DEED DATED 10/24/83 AND RleCORDED 10/28/83 ANONG THE LAND RECORDS OF THE AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS; BOOK L-30 PAGE 4. EXHIBIT Mortgage ~ Mellon Bank EXHIBIT on ibc Mcmgl~(I Prope.y. cxcepi u prc,~mb, di~ck~'~d ~hh~pgcc in wflflfl~, MorlpK~)r '~LII nciehcr GlU~C mW ~' j# Mmip~e Boo& voiumc ~ ' pa~ ~ ' LEGAL DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN BOROUGH OF HORHLEYSBURG IH THE COUNTY OF CUMBERLAND AND STATE OF PE~INSYLVANIA AND BI~I'NG DESCRIBED IN A DEED DATED I0[24/83 AND RECORDED 10/28/83 AHONG THE I~ND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS BOOK L-30 PAGE 4. ~ ~Kc~n Kank Illlllllllllllll!!l!llllllll (Secured) 10 SOUTH MARKET SQUARE HARRISBURG, PENNSYLVANIA EXHIBIT Ti~ ADDITIONAL TERMS ON PAGI~ 3 A~D 4 OF Tills NOT~ ARE A PART OE ~IS N~. / or io all of Iht ~ sien}~'i~i~t ~· .and ~y mi/ncr which you mad ~w&' ~':.'~ ['°n o, ?c Amoual Fi~n~ on ~ I of p . merit of thai parl of hc Pr ncin,l Arno.... Y. ~mcnl of a chcck for any -arl of '~:- h i~= I~n lo a~ ~h~gh }~ ts d~iplcd ~ fu vavmcn "~.;~[~ al any sU~ucnl t m~ If I ma~i~l.,~,cha~ Ibc full talc or amount Date: May 24, 2001 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE JUN 1 9 2001 To: Walter A. Loomis 10283 Edison Road Evelyne Loomis Osceola IN 46561 10283 Edison Road Osceola IN 46561 THIS FIRM IS A DEBT COLLECTOR A'I-I'EMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE iNDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mod: a e on our home is in default and the lender intends to foreclose. Snecific information about the nature of the default is rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP MAY 8E ABLE TO HELP TO SAVE YOUR HOME~e ex lains how the ro ram works To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet the . . c o u n s e Ii n a.g_~g~Q.~. The name, address and hone number of Consumer Credit Counselin A encies servin our Court are listed at the end of this Notice. If ou have an uestions ou ma call the Penns Ivania Housin Finance A eric, toil free at 1-800-342-2397 Persons with im aired hearin ma 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 hetp explain it. You may also want to contact an attorney in your area. The local bar association may be able to hetp you find a lawyer. LA NOTtFtCACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFtCACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Loan / Account number: Original Lender: Current Lender/Servicer: Walter A. Loomis 437 North 2"~ Street, Wormleysburg, PA 17043 0275.414-4010655 Mellon Sank. N. A. Mellon Bank, N A. Evelyne Loomis EXHIBIT D HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAr., YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMi FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE ASSISTANCE ACT OF 1983 (THE "ACT"), HOMEOWNER'S EMERGENCY MORTGAGE 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 ELIGIBILFFY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURF - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. ~HE NEXT THIRTY 30 DAYS. IF YOU DO NOT A.._.._.~PPLY FOR ~ 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 ~ake action a amst you for thi consumer credit counselin a encies for the Coun in which the rD e is located are set forth at the end of th~s Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender (mmediately of your intentions. .A. PPLtCATION FOR MORTGAGE ASSISTANCF - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have Iried 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 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. Dudng 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 F LING OF A PETITION IN BANKRUPTCY THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE 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 (Bdnq it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: November 27m, 2001 thru April 27m, 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.06 NSF: $ n/a Inspections: $ n/a Other $ 25.00 (Suspense) ~; (47.78) Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (_Dp not use if not appllcabl~): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. I~ayments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e-mail thiry.ep@mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. I_F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riqhts to accelerate the mortqaqe debt This means 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 attorney to start legal action to foreclose upon your mortoaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY osriod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIER - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAL F - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the ri ht to cure the ~uaet a~uVsti~ne ~;t~; other Ch~asonable attor~ ne hour before the Sheriff's Sale. You m~ costs connected w~th the foreclosure safe and an other costs connected with the Sheriff's Sale as s ecified in writin b the lender and b erformm an other re uirements under th~ Curing your default in the manner set forth in this notice will restore your mollgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATI- - It is estimated that the earliest date that such a SherffCs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you waif. You may find out at any time exactly what the required payment or action will be by cont. acting the lender. ~OW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep(~mellon.com. .E. FFECT OF SHERIFF'S SAL F - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to Jive 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 MORTGAGF - You x may or may not (check one) sell or transfer your home to a buyer or transferee who will ~'ss-ume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost 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 T(~ 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 fN 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, (Account no. 0275.414-4010655) Eileen Thiry SAIDIS~ LINDSAY Mailed by 1st Class mail / Certificate of Mailing and Certified Mail No.: T099 3400 0018 5047 7653 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCy CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397 CUMBERLAND COUNTY Consumer Credit Counseling Sewice of Western Pennsylvania, Inc. 2000 Unglestown Road Han~sburg, PA 17102 (717) 541-1757 Finandal Services Unlimited 117 West 3'= Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Han~sburg 25 N. Front Street Harrfsburg, PA 17101 (717~ 234-5925 FAX (717) 232-4985 Y~VCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 Date: May 24, 2001 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE To: Walter A. Loomis 437 North 2'~ Street Wormleysburg PA 17043 Evelyne Loomis 437 North 2nd Street Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 'FO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mort a e on our home is Jn default and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP MAY BE ABLE TO HELP TO SAVE YOUR HOME--ice ex lains how the ro ram works To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet the The name address and hone number of Consumer Credit Counselin A encies servin our Coun are listed at the end of this Notice. If ou have an uestions ou ma call the Penns Ivania Housin Finance A enc toll free at 1-800-342-2397 Persons with im aired hearin ma call 717 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer, LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Loan / Account number: Original Lender: Current Lender / Servicer: Walter A, Loomis 437 North 2"d Street, Wormleysburg PA 17043 0275.414-4010655 Mellon Bank, N. A. Mellon Bank, N. A. Evelyne Loomis HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOM~ 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 FORECLOSURF - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must 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 THIRTY 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE U___~P TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CON.____SUMER CREDIT COUNSELING AGENCIES - If ou meet with one of the consumer credit counselin a encies listed at the end of this Notice the lender ma NOT take action a ainst ou for thi ~nd tele hone numbers of desi nated consumer c____[redit coun~ncies for the ~ th~ 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 ASSISTANCF - Your mortgage is in a default for the reason 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 a~sistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, s~gn 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 applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FiLE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE F LING OF A PETITION IN BANKRUPTCY THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE 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) 2 HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: November 27th, 2001 thru April 27m, 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.06 NSF: $ n/a Inspections: $ n/a Other $ 25.00 (Suspense) $ (47.78) Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, 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 check, certified check or monev order made payable and sent tn' Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e-mail thiry.ep(~mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its dqhts to accelerate the mortqaqe debt. This means 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 attorney to start legal action to foreclose upon your mortqaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to p y attorneys fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALF - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riqht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by payin, i the total amount then past due, plus any late or other charqes then due, reasonable atto~,ney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writinq by the lender and by performinq any other requirements under the mortqaqe. 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 DATF - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage propert7 could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. FlOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-2~t-7226; e- mail thiry.ep@mellon.com. ~FFECT OF SHERIFF'S SAL F - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGF - You x may or may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost 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 OEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. (Account no. 0275.414-4010655) Eileen Thiry Very truly yours, Mailed by 1"t Class mail / Certificate of Mailing and Certified Mail No.: 7099 3400 0018 $047 7707 4 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117West3~ 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 Cate: May 24, 2001 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE To: Waiter A. Loomis 10283 Edison Road Evelyne Loomis Osceola IN 46561 10283 Edison Road Osceola IN 46561 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP MAY BE ABLE TO HELP TO SAVE YOUR HOME~e ex rains how the ro ram works To see ~f HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet the The name address and hone number of Consumer Credit Counselin A encies servin our Court are listed at the end of this Notice. If ou have an uestions, ou may call the Penns Ivania Housin Finance ~free at !-800-342-2397~with imoaired hearin ma call 717 780-t869. This Notice contains ~mportant 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 NOTfFICAClON EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU CERECHO A CONTINUAR VIVIENDO EN SU CASA. Si NO COMPRENDE EL CONTENIDO DE ESTA NOTIFtCACION OBTENGA UNA TRADUCCrON INMEDITAMENTE LLAMANDO ESTA AGENCiA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCION PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PR~m-c~^* ................ _ADO ARRIBA. ,-,~,,~,v~ ~-~.~-~w~uu HuME:OWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Loan / Account number: Original Lender: Current Lender / Servicer: Walter A. Loomis 437 North 2n~ Street, Wormleysburg, PA 17043 0275.414--4010655 Mellon Bank, N. A. Mellon Bank, N. A. Evelyne Loornis HOMEOWNERS 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 FORECLOSURI-. 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 THIRTY 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCrES- If ou meet with one of the consumer credit counselin a encies listed at the end of this Notice the lender ma NOT take action a ainst ou for thJ 30) davs after ~he date of this meetin . The names addresses and tole hone numbers of desi hated ~n which the rd ertv is located end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise ~uu~e~h at the ~mmediately cf your intentions. ~PPL CATION FOR MORTGAGE ASSISTANCe- - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit co~.mseling agencies have applicat ohs for the program and they will assist you Jn submitting a complete application to ~he Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within ~hirty (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. A. GENCY ACTION - Availahle funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency unOer 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. cL YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PET TION IN BANKRUPTCY, OWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD ONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date) MATURE OF THE DEFAULT 4 The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: November 27m, 2001 thru April 27~, 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.06 NSF: Inspections: $ n/a Other $ n/a (Suspense) $ 25.00 ~ (47.78) Total amount to cure default $ 4,228.88 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not appllcabl~): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, 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 check, certified check or ¢noney order made payable and sent to: Eileen Thin/, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no,: 412-234-3676; Fax 412-234-7226; e-mail thirT.ep(~mello ri.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riqhts to accelerate the mortqaqe debt. This means the entire outstanding balance of this debt will be considered due ~mmediately 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 attorney to start Iegal action to .fgrectose upon your mortqaqe prooert'y. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to _~av attorney's fees. OTHER LENDER REMEDIER - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SA~. F' - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the ri ht to cure the default and revent the sale at an time u to one hour before the Sheriff's Sale. You ma do so b a in the total amount then asr due lus an late or other char es then due reasonable attome's fees and costs connected with the foreclosure sale and an other costs connected with the Shedff's Sale as s ecified in writin b the lender and b erformin an other re uirements 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. EARLIEST POSSIBLE SHERIFF'S SALE DATi- - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Shedff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Elleen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB$0, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep~mellon.com. _EFFECT OF SHERIFF'S SA[ F - You should realize that a Shedffs 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 Shedfl's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGACF - You × may or may not (check one) sell or transfer your home to a buyer or transferee who will ~'ssume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost 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 OEBT 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 CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) HAD OCCURRED, IF YOU CURE THE DEFAULT. {HOWEVER, YOU DO NOT HAVE THIS RIGHT TO · 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, CC: SAIDIS~INDSAY Johnn~,f Kope,¢4~', Esquire (Account no. 0275.414-4010655) Eileen Thiry Mailed by 1st Claes mail / Certificate of Mailing and Certified Mail No.: 7'099 3400 0018 5047 7660 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOIL FREE AT 1 (800) 342 - 2397 CUMBERLAND COUNTY Consumer Credit Counseiing Service of Western Pennsylvania, Inc. 2000 1 inglestown Road Hamsburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3m Street Waynesbom, PA 17268 (717) 762-3285 Urban League of Metropolitan Hamsburg 25 N. Front Skeet Harrisburg, PA 17101 (717) 234-5925 FAX (71 7) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 Date: May 24, 2001 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE To: Walter A. Loomis 10283 Edison Road Evelyne Loomis Osceola IN 46561 10283 Edison Road Osceola IN 46561 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mcr[ a e on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP MAY BE ABLE TO HELP TO SAVE YOUR HOME~ ex lains how the rD ram works To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet the The name. address and hone number of Consumer Credit Counseiin A encies servin our Court are listed at the end of this Notice~n uestions~he Pennsylvania Housin Finance A eric loll free at %800-342-2397 Persons with im aired hearin ma call 717 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VfVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Loan /Account number: Original Lender: Current Lender/Servicer: Walter A. Loomis 437 North 2n~ Street, Wormleysburg, PA 17043 0275.414-4010655 Mellon Bank, N. A. Mellon Bank, N. A. Evelyne Loomis HOMEOWNERS 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 FORECLOSURF - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from ~:he 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 THIRTY 30 DAYS. IF YOU DO NOTAPPLY 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 ou meet with one of the consumer credit counse/in a encies listed at the end of this Notice the lender ma NOT take action a ainst ou for thi 30 cia s after the date of this meetin , The names addresses and tele hone numbers of desi hated ~n which the ro ertv 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 ~mmediately of your intentions. .APPL CATION FOR MORTGAGE ASSISTANCF - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information al~out 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, s~gn 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 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. _A. GENCY ACTION - Available funds for emergency mortgage assistance are very timited. They will be disbursed by the Agency under the eligibility criteria estal2tished 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 t me requirements set forth above. You will be notified directly by the Pennsy vania Housing Finance Agency of its decision on your application. c YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PET TION IN BANKRUPTCY, LOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD ONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mo~gage Assistance) 2 HOW TO CURE YOUR MORTGAGE DEFAULT/Brinq it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: November 27~, 200'1 thru April 27m, 200'1 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.06 NSF: $ n/a Inspections: $ n/a Other $ 25.00 (Suspense) ~ (47.78) Total amount to cure default $ 4,228.58 8. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTALAMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, 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 check, certified check or money _o. rder made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center,~oom 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e-mail thiry.ep~mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. LF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riqhts to accelerate the mortqaqe debL This means 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 attorney to start legal action to foreclose upon your mortqaqe property. !..F THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. tf the lender refers your case to its attorney, 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 ttomey s fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIE,g - The lender may also sue you personally for the unpaid principal balance and all other sums due under'he mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI I- - if you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the ri ht to cure the default and revent the sale at an time u to one hour before the Sheriff's Sale. You ma do so b a in [he total amount then cast due lus an late or other char es then due reasonable attorney's fees and costs co...__nnected with the foreclosure sale and an other costs connected with the SherifFs Sale as s~oecified in writinq by the lender and by oerforminq any other requirements under the mortqade. Cudng your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 3 EARLIEST POSSIBLE SHERIFF'S SALE DATI- - It is estimated that the earliest date that such a Shedffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by con!acting the Fender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Centar, Room 152-AB$0, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep{~mellon.com. ..E, FFECT OF SHERIFF'S SALF - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGF - You x may or may not (check one) sell or transfer your home to a buyer or transferee who will ~'ss'~me the mortgage debt, provided that all the outstanding payments, charges and ttorney s fees and cost are paid prior to or at the sale and that the other a ' 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 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, CC: (Account no. 0275.414-4010655) Eileen Thiry SAIDIS~ LINDSAY Mailed by 1st Class mail / Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7653 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 --2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 LJnglestown Road Hardshurg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3'" Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Hamsburg 25 N. Front Street Hardsburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 YWCA of Cadisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Waiter A. Loomis 437 North 2"d Street Wormleysburg PA 17043 Evelyne Loomis 437 North 2"~ Street Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortqaqe on your home is in default and the Jender intends to foreclose. Specific information about the nature of the default is provided in the attached paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP~ MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the proqram works, To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet tho counselinq aqencv. The name. address and phone number of Consumer Credit Counselinq Aqencies servinq your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinq Finance ¢~ency o free at 1-800-342~2397 (Persons with impaired hearinq may 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 focal bar association may be aisle to help you find a lawyer. LA NOTIFICAClON EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO PeR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowneds Name(s): Property address: Loan / Account number: Original Lender: Current Lender / Servicer: Walter A. Loomis 437 North 2~ Street, Wormleysburg PA 17043 0275.414-4010655 Mellon Bank, N. A. Mellon Bank, N. A. Evelyne Loomis HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAIt~I YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR 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 FORECLOSURF - Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Dudng 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 THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counselinq aqencies listed at the end of this Notice the lender may NOT take action aqamst you for thirty (30) days after the date of this meetinq. The names, addresses and telephone numbers of desiqnated consumer credit counselinq aqencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCF - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit co~mseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (50) days to make a decision after it receives your application. Dudng 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 F LING OF A PET TION IN BANKRUPTCY, I THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD J NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. L. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bdnq it ub to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Proper~ Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: November 27m, 2001 thru April 27~, 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.06 NSF: $ n/a Inspections: $ n/a Other $ 25.00 (Suspense) $ (47.78) Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIO0. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e-mail thiry.ep(~mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS cf the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riqhts to accelerate the mortqaqe debt. This means 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 attorney to start legal action to foreclose upon your mortqaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAL F - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the dqht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by payinq the total amount then past due, plus any late or other charqes 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 writinq by the lender and by performinq any other requirements under the n~o~iqaqe. Cudng your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 3 EARLIEST POSSIBLE SHERIFF'S SALE DATF - It is estimated that the earliest date that such a Shedffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Shedffs 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. blOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234.7226; e- mail thiry.ep~mellon.com. EFFECT OF SHERIFF'S SAI F - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGF - You x may or may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost 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 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. CC: Very truly yours, (Account no. 0275.414..4010655) Eileen Thiry SAID~~SAY Joh ,~,~. Ko~,~c,~y, Esquire~ Mailed by 1't Class mail / Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7646 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342- 2397 CUMBERLAND C NTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 LJngJestown Road Hamsburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3= Street Waynesboro, PA 17268 (717) 762-3285 Urt)an League of Metropolitan Hamsburg 25 N. Front Street Harrisl~urg, PA 17101 (71 7) 234--5925 FAX (71 7) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 Date: May24, 2001 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tol Waiter A. Loomis 437 North 2"~ Street Wormleysburg PA 17043 Evelyne Loomis 437 North 2"d Street Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP MAY BE ABLE TO HELP TO SAVE YOUR HOME--ce ex lains how the rD ram works To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE ~ OF THIS NOTICE~otice with ou when ou meet the The name. address and hone number of Consumer Credit Counselin A encies servin our Coun are listed at the end of this Notice If ou have an uestJons ou ma call the Penns Ivania Housin Finance A ~ toll free at %800-342-2397 Persons with ~m a~red hearin ma 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 NOTIFICAClON EN AD JUNTO ES DE SUMA tMPORTANCfA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Loan / Account number: Original Lender: Current Lender / Servicer: Waiter A. Loomis 437 North 2"" Street, Wormteysburg PA 17043 0275.414-4010655 Mellon Bank, N. A. Mellon Bank, N. A. Evelyne Loomis ~_C_Y MORTGAGE ASSISTANCE PROGRAM · ~-= wff~c;PI (.;AN 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 FORECLOSURI- - 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. ~ST OCCUR WITHIN THE NEXT THIRTY 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If ou meet with one of the consumer credit counselino a encies listed at the end of this Notice the lender ma NOT take action a ainst ou for thi 30 da s after the date of this meetin . The names addresses and tele hone numbers of desi natad ~n which the rD er'b,, is located are set forth at the end of ~hls Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSrSTANCF ~ Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit ~'~uqseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be flied or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PET TION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR NFORMAT1ON PURPOSE 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) / 2 HOW TO CURE YOUR MORTGAGE DEFAULT (8dnq it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your properb/located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StaWEnd: November 27~h, 2001 thru April 27~, 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued NSF: $ 4,251.06 Inspections: $ n/a Other $ n/a (Suspense) $ 25.00 Total amount to cure default ~ (47.78) $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (.Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, 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 check r-,,,-~'~ - ---, -~, ,Irreo check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e-mail thiry.ep(~mellon,com. You can cure any other defautt by taking the following action within THIRTY (30) DAYS of the date of this letter. I_F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice. the lender intends to exercise its dqhts to accelerate the mortqaqe debt. This means 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 attorney to start legal action to foreclose unon your mortqaqe property. I.~: THE MORTGAGE IS FORECLOSED UPON - The Mortgage properb/will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY oeriod, you will not be reouired to pay attorneyrs fees. , .OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. _RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI F - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the ri ht to cure the default and orevent the sale at an time u to one hour before the Shedffs Sale. You ma do so b a in the total amount then asr due olus an late or other char es then due reasonable attome's fees and costs connected with the foreclosure sate and an other costs connected with the Sheriff's Sale as s ecified in writin b the lender and b erformin an other re uirements under the mort a e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position if you had never defaulted, as 3 .EARLIEST POSSIBLE SHERIFF'S SALE DATF - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Rank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 18259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep~mellon.com. _EFFECT OF SHERIFF'S SAL F - You should realize that a Sheriff's Sale w II end your ownersh p of the mortgaged property and your right to occupy it. f you continue to live in the property after the Shedff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the Fender at any time. ASSUMPTION OF MORTGAGF - You × may or may not (check one) sell or transfer your home to a buyer or transferee who will ~'ssume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost 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 INSTITUTrON TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, iF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTrON BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. CC: Very truly yours, (Account no. 0275.414-4010655) Eileen Thiry SAID~INDSAY Mailed by 1st Class mail / Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7707 4 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342- 2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, ~nc, 2000 Unglestown Road Harrisburg. PA 17102 (717) 541-t 757 Financial Services Unlimited 117 West 3~ Street Waynesboro. PA 17268 (71 7) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 232-4985 Y~NCA of Carlisle 301 G Street Carlisle. PA 17013 (717) 243-3818 FAX (717) 243-3948 EXHIBIT .E_? D~L LhD5 g~DO OOhE bb~L I I I 7099 3400 0018 5047 7653 m qh9L LhD5 ~q:OD DDhE SHERIFF'S RETURN - U.S. CASE NO: 2001-04850 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELLON BANK N A VS. LOOMIS WALTER A ET AL CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LOOMIS WALTER A , by United States Certified Mail postage prepaid, on the 22nd day of August ,2001 at 0000:00 HOURS, at 10283 EDISON RD OSCEOLA, IN 46561 and attested copy of the attached COMPLAINT - MORT FORE with , , a true Together The returned receipt card was signed by WALTER A LOOMIS 09/01/2001 Additional Comments: on Sheriff's Costs: Docketing 18~00 Service 10.40 CERT MAIL 6.01 Surcharge 10o00 .00 44.41 R. Thomas Kline Sheriff of Cumberland County Paid by SAIDIS SHUFF FLOWER & LINDSAY on 09/06/2001 Sworn and subscribed to before me this /~ day of J,~ J~ul A.D. ' onOtary ' SHERIFF'S RETURN - U.S. CASE NO: 2001-04850 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELLON BANK N A VS. LOOMIS WALTER A ET AL CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LOOMIS EVELYNE , by United States Certified Mail postage prepaid, on the 22nd day of August ,2001 at 0000:00 HOURS, at 10283 EDISON RD OSCEOLA, IN 46561 and attested copy of the attached COMPLAINT - MORT FORE with , , a true Together receipt card was signed by WALTER A LOOMIS 09/01/2001 Additional Comments: The returned on Sheriff's Costs: Docketing 6.00 CERT MAIL 6.01 Affidavit .00 Surcharge 10.00 .00 22.01 Sheriff of Cumberland County Paid by SAIDIS SHUFF FLOWER & LINDSAY Sworn and subscribed to before me this ! ~ ~day of ,~.~. _ ~ A.D. PrJ~tfionotary on 09/06/2001 · Co~lplete items 1, 2, and 3. AJso c~mpJete · Pflntyour nameand addresso~the~r~veme ~ .I so that we can return the card to you. · Att~h this card to the back of the maJlpieca, ii¢ Walter A. Loomis ~ 10283 Edison Ed. Osceola, IN 46561 D. la d~ ? i-lyes If YES, i address below: [] No [] Exp~ Mall [] Return Receipt fo~ Memhandlae [] C.O.D. 4. Restricted Dallve~y? (Ex~a Fee) [] Yes 2. Azt~le Number (Copy from ~n,/ce/abeO 7099 3220 0009 1573 3365 PS Form 3811, Ju~ 1999 Dome~t~ ~ arum Rec~m 01-4850 civil · Complete items 1, 2, and 3. AJso complete item 4 If Resl~lct~d Dellvee/I~ desired. · Pdnt your name and address ea the reverse so that we can return the card to you. · Attach this card to the back of the mallpieca~ or on the front If space permits. 1. Ar'dcle Addressed to: ~velyne Loomis 10283 Edison Rd. Osceola, IN 46561 O. al dMIvef~J acldm~8 d#(/er~t from item 17 []Ye8 [] Regt~ [] Return Receipt for Me~chandl~ [] Insured Mall [] C.O.D. 4. R~t~cted D~h,e~' (Extra Fee) []y~ U99:3220 PS Form 3811, July 1999 Domestic Return Rec~m civil SAIDIS SHUFF, FLO~_,R & LINDSAY 26 W. High S~reet Carlisle, PA Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE Dated PRAFOIPI= FOR 13FFAIILT JUDOMFNT TO THE PROTHONOTARY: Please enter a judgment by default in favor of the Plaintiff and against the Defendant(s) for failure to Answer the Complaint in the amount of sixty-six thousand four hundred seventy-one and 38/100 ($61,471.38) Dollars, plus interest at $15.27 per diem and costs and for foreclosure and sale of the mortgaged premises. I certify the Ten (10) Day Notice of Entry of Default pursuant to Rule 237.1 was mailed U. S. First Class Mail postage prepaid and is attached as Exhibit "A". Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY .J ~l~a J. K..op~,ky., ~sq~/ ,,~rney for~ Plaintiff Prothonotary AND NOW, this~5- day of ,2001, a default judgment has been entered in the amount of sixty-six thousand four hundred seventy-one and 38/100 ($61,471.38) Dollars, plus interest at $15.27 per diem and costs and for foreclosure and sale of the mortgaged premises. Prothonotary ~-~ ~t' ' (~ Account no. 0275,414-4010655 Docket no. 01-4850 Johnna J. Kopecky, Esquire ID # 53147 Saidle, Shuff, Flower & Lindeay 26 West High Street Cafliste, FA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Walter A. Loomis 10283 Edison Road Osceola IN 46561 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER iMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FiND OUT WHERE YOU CAN GET LEGAL HELP: U.S. POSTAL SERVIC~E CERTIFICATE OF MAILI~NG pRMAOYVBi~)~U~oE~ iFNOSRUi~M~$~C~ ~ATNMDAI~T~E~RNAT,O NAL MA,L. DOES NOT Law Offices Saidis, Shuff, Flower & Linds~y 26 West High Street Carlisle PA 17013-2956 Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717 - 249 - 3'166 _~ Affix lee t~re ~n stamps 08 · or meter postage and __ Walter A Loomis 10283 Edison Road -- Osceola IN 46561 -- ,~/~f~n n a.~'Ko pec k~sq u i re --Attorney for the Plaintiff . Ps Form 38t7, January 2001 U.S. POSTAL SERVICE Johnna J. Kopecky, Esquire ID # 53147 Saidle, Shuff, Flower & LJndsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Evelyne Loomis 10283 Edison Road Osceola IN 46561 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT Law Offices Saidis, Shuff, Flower & Lind~aY' 26 West High Street ? Carlisle PA 17013-2956! Evelyne Loomis 10283 Edison Road Osceola IN 46561 Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 OF meier postage a~ J8 -.~Ier f~ current ~. ~S__~orm 3817, January 2001 Johnna J. Kopecky, Esquire ID # 53147 Saidio, Shuff, FIowor & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Walter A. Loomis 437 North 2r~ Street Wormleysburg, PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE DATE OF NOTICE: September 20, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: U.S. POSTAL SERVICE CERTIFICATE OF MAILING Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 7'17 _ 9AG _ 't.t (~6 Affix fee here'm stamps }8 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT Law Offices Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 Walter A Loomis 437 North 2"d Street Wormleysburg PA 17043 Ps Form 3817, January 2001 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindaay 26 West High Street Carfisie, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(a) TO: Evelyne Lcomis 437 North 2"a Street Wormleysburg, PA 17043 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMEST C AND ~NTERNATIONAL MAiL DOES NOT PROVIOE FOR INS U RA NC-F-POSTMASTE R ' Law Offices Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 Evelyne Loomis 437 North 2nd Street - Wormleysburg PA 17043 Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 7"17 - 24.q _ R'fR6 PS Form 3817, January 2001 By: '~uire Johnna J. Kopecky, Esquire iD # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Tenant in Possession 437 North 2~* Street Wormleysburg, PA 17043 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01.4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER iMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: U.S. POSTAL SERVICE CERTIFICATE OF MAILING Cumberland County Bar Association 2 Liberty Avenue -- Saidis, Shuff, Flower & Lindsay ~': :i i~ 26 West High Street i L ~\\~i'~ /. 437 No~h 2nd Street _ ~ - ~: '': .p,s Form 3817, January 2001 Carlisle PA 17013 By: Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Evelyne. Loomis 10283 Edison Road Osceola IN 46561 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Evelyne Loomis 10283 Edison Road Osceola IN 46561 Account no. 0275.414-4010655 Docket no. 01-4850 Johnna J. Kopecky, Esquire ID # 53147 Saidie, Shuff, Flower & Lindaay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V, WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE TO: Walter A.. Loomis 10283 Edison Road Osceola IN 46561 You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Walter A. Loomis 10283 Edison Road Osceola IN 46561 Account no, 0275,414-4010855 Docket no. 01-4850 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N, A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE TO: Walter A.. Loomis 437 North 2n~ Street Wormleysburg PA 17043 You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Walter A. Loomis 437 North 2nd Street Wormleysburg PA 17043 Account no. 0275.414-4010655 Docket no. 01-4850 Johnna J. Kopecky, Esquire ID # 53147 Saidie, Shuff, Flower & Lindaay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V, WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE TO: Evelyne Loomis 437 North 2r~ Street Wormleysburg PA 17043 You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Evelyne Loc)mis 437 North 2n~ Street Wormleysburg PA 17043 Account no, 0275.414-4010655 Docket no. 01-4850 Johnna J. Kopecky, Esquire ID # 53147 Saidls, Shuff, Flower & Lindaay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE TO: Tenant in Possession 437 North 2n~ Street Wormleysburg PA 17043 You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Tenant in Possession 437 North 2n~ Street Wormleysburg PA 17043 Account no. 0275.414-4010655 Docket no. 01-4850 SAIDIS C~lisle, PA Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Undsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff V. WALTER A LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served the below-named parties by first class mail, postage prepaid, the Affidavit Pursuant to Rule 3129. I; Notice to Lien Holders Pursuant to Pa. R.C.P. 3129.2; Notice of Sheriff's Sale of Real Estate Pursuant to Rule 3129 and a copy of the Legal description on the date and time reflected on the Certificate of Mailing: Walter A. Loomis 10283 Edison Road Osceola IN 46561 Evelyne Loomis 10283 Edison Road Osceola IN 46561 Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Bank Boston, NA -100 Federal Street Boston Main 02110 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dated: By;j ~~ .o~.~ ~1: FopS'y, Esquires) Atter'ney for P,,i~int~ Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ~ MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMESTIC AND INTERNATIONAL MAll.. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Law Offices Saidis, Shuff, FLower & Lindsay Cadisle PA 17013-2956 Walter A Loomis lUZU3 ~'alson Noaa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil PS Form 3817, January 2001 CIVIL ACTION - Law MORTGAGE FORECLOSURE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL OOES NOT PROV'DE FOR ',SU~NCE-POSTMASTER . Saidis, Shuff, FLower & Lin~ay ~c ............... ., '., ~ ~-~.: ~.i~ . .. ~.].~ , -- ~ ~' One piece ol o~/ina~/mail addressed -- Evelyne Loomis 10283 Edison Road Ps Form 3817. January 2001 Johnna J. Kopecky, Esquire ID # 53147 Saidie, Shaft, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ~ MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE U,S. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Law Offices Saidis, Shaft, FLower & Lindeay Cadisfe PA 17013-2956 Bank Boston, NA 1uu Peaerai E)~=[ R~)nn :.:_~ 02100 PS Form 3817, January 2001 Form 3817, U.S. POSTAL SERVICE CERTIFICATE OF MA LING Saidm, Shaft, FLower & Lindsa~ Carl,sle PA 17013-2956 k One Cou~house Square Janua~ 2001 Johnna J. Kopecky, Esquire ID # 53147 Saidia, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail !ko~-cky~_ .~sfl-law cnr~ MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Mellon Bank, N. A. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 Nor',.h 2"~ Street, Wormleysburg, PA 17043 1. Name and address of owners or reputed owners: Walter A. Loomis, and Evelyn Loomis 10283 Edison Road Osceola IN 46561 2. Name and address of defendants in the judgment: Waiter A. Loomis, and Evelyn Loomis 10283 Edison Road Osceola IN 46561 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Account no.'s 0275.414-010655 & 0275.040708-434 Docket No.'s 01--4850 & 01-4851 Bank of Boston, NA 100 Federal Street Boston Main 02110 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Bank of Boston, NA 100 Federal Street Boston Main 02110 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: None. I, Johnna J. Kopecky, Esquire, attomey for the Plaintiff, Mellon Bank, N. A., vedf}, that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to' the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. SAIDIS, SHUFF, FLOWER & LINDSAY Dated: / '~ - ~--. O / By: Account no.'s 0275.414.010655 & 0275.040708~434 Docket No.'s 01-4850 & 01-4851 2 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail _Jko 0 ec.k _vf~__ .~ .~ fl .law MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3'129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: March 06, 2002 TIME: LOCATION: 10:00 A. M. Prevailing time Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a bdef mention of the buildings and any other major improvements erected on the land. "SCRIPTION ATTACHED) THE LOCATION of your property to be sold is: all that certain improved tract of land situate Jn Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2nd Street, Wormleysburg, PA 17043. Account no.'s 0275.414-4010655 & 0275.040708-434 Docket no.'s 01-4850 & 01-4851 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to Mellon Bank, N. A. v. Walter A Loomis and Evelyne Loomis, No. 01-4850 for $61,471.38, plus interest from July 25, 2001 at $15.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Shedff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Walter A. Lcomis and Evelyne Loomis. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or' corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Shedff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. IT HAS I~FFN ISSUFI') RFI~AUS~ THFRF IS A JUD(~MFNT AGAINST YQLI_ You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717- 249- 3166 Account no.'s 0275.414-4010655 & 0275040708-434 Docket no.'s 01-4850 & 01-4851 2 ~a~ PA THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Cou~ if you are aware of a legal defect in the obligation or the procedure used against you. 2. Al[er the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within Coun~ to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or dghts mentioned in the ~receding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Wdt of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY Dated: /?.-~-D( Attorneys for Plaintiff Account no.'s 0275.414-4010655 8, 0275.040708-434 Docket no.'s 01--4850 & 01-4851 3 Waiter A. & Evelyne Loomis Mailing address: 10283 Edison Road Osceola IN 46561 Property Address: 437' North 2nd Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland Property ID # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County, in Ptan Book I, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast comer of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double bdck and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western Fine of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47-19-1888-O89 BEING the same nremises which Donald J. Controy and Shirle A. '. ' dated October 24~, 1983 and recorded n the Offi y __Controy, hl.s wife: .by deed ~ce of the Recorder of Deeds ~n eno ~'or Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. Johnna j. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindeay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail MELLON BANK N. A., Plaintiff V. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Walter A. Loomis and Evelyne Loomis. Walter A. Loomis 10283 Edison Road Osceola IN 46561 Evelyne Loomis 10283 Edison Road Osceola IN 46561 Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Bank Boston, NA 100 Federal Street Boston Main 02110 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Account no.'s 0275.414-010655 & 0275.040708-434 Docket no.'s 01-4850 & 01-4851 26 w. H~S~M You are hereby notified that on March 6th, 2002, at 10:00 a .m. prevailing time, by virtue of a Wdt of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N. A. v. Walter A. Loomis and Evelyne Loomis, No.01-4850 in the amount of $61,471.38 plus interest from July 25th, 2001, at $15.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Walter A. Loomis and Evelyne Loomis, known as that tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2~'~ Street, Wormleysburg, PA 17043. A description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed.by the Shedff of Cumberland County within thirty (30) days after the sale, and distribution of the 3roceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Shedff Sale. Dated: Jo~n"-j;~ ~J. Ko,~qT, Esquire A~ey for Plaintiff Account no.'s 0275.414-010655 & 0275.040708-434 Docket no.'s 01-4850 & 01-4851 2 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindaay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikopeckv~ssfl-law, com MELLON BANK N. A., Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served the below-named parties by Certified Mail, Return receipt requested, postage prepaid, the Writ of Execution, Affidavit Pursuant to Rule 3129.1; Notice to Lien Holders Pursuant to Pa. R.C.P. 3129.2; Notice of Sheriffs Sale of Real Estate Pursuant to Rule 3129 and a copy of the Legal description on the date and time reflected on the Certified Mail Receipt and PS Form 3811: Walter A. Loomis 10283 Edison Road Osceola IN 46561 Dated: 03/21/2002 By: Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ~law.com MELLON BANK N. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maJJpiece, or on the front if space permits. 1. Article Addressed to: A. Received by (P~ Pdnt ~ C. Signature [] Agent D. Is deliver d~em~ from item 17 [] Yes If YES, enter delivery address below: ~]~ No Walter A. Loomis 10283 Edison Road Osceola IN 46561 PS Form 3811, March 2001 4. Restricted Delivery? (Ex,re Fee) ~Yes 7000-1670-0001-8796-7S46 Certified Fee .8o ~.[O Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ~ MELLON BANK N. A., Plaintiff vi, WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, this _ ~.~ day of d,~,~ ,2002, in consideration of the attached Petition, it is HEREBY ORDERED and DIRECTED that the continued sheriff sale, of April 3r~ 2002, for the property Walter A. Loomis and Evelyne Loomis known and numbered as 437 North 2"~ Street, Wormleysburg, PA 17043 is Set Aside and continued until May 8th, 2002. BY THE COURT, 0275.040708-434 Docket no, 01-4850 Civil 2~ w. H~Sm~t Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail jkopecky~,,ss fl-law.co m MELLON BANK N. a., Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION - Law MORTGAGE FORECLOSURE PETITION TO SET ASIDE SHERIFF SALE AND NOW comes the Petitioner, Mellon Bank, NA, n/k/a Citizens Bank, by and through its attorneys, Saidis, Shuff, Flower & Lindsay respecffully petitions the court as follows: 1. The Petitioner began foreclosure proceedings against the above-captioned Defendant, and a sheriff sale was scheduled for March 6th, 2002. 2. The shedff sale was then continued until April 3rd, 2002 as the Shedff did not get service of the Writ of Execution on the defendant, Walter A. Loomis, who resides at 10283 Edison Road, Oscela, IN 46561, after three attempts of the defendant not claiming certified mailing of Writ of Execution. 3. On Writ of Execution was then sent via certified mail from the plaintiff's attorney's office on March 7th, 2002. 4. The Defendant, Walter A. Loomis accepted this certified mailing and signed for it on March 18th, 2002. WHEREFORE, the Petitioner respectfully requests Your Honorable Court to enter an Order to Set Aside the Continued Sheriff Sale of April 3rd, 2002 and allow this sale to be continued and held on May 8th, 2002. Respectfully submitted, SA~~ & LINDSAY Account no. 0275,040708-434 Docket no. 01-4850 Civil STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDt ss. Robert P Ziegler I, ............................................................................. Recorder of Deeds h~ and for said County and State do'hem-by certify that the Sheriff's Deed in which ................ Citizens Bank of Penna .................................................................................... ~ the grantce 3rd the same haviug been sold to s~d grantee on the ............................................... day of April 2002 ........................................ A. D., .,' ..... , under and by virtue of a writ .............. Execution lOth ................................................ issued on the ..................................... December 2001 day of .......................... A.D., ..... , out of thc Court of Comman Pleas of said County'aS of Civil 2001 N : 4850 Mellon Bank N A umber .............. , at the suit of ............................................................... Walter A Loomis & Evelyne ................................... agalmt .................................................... k duly recorded in Sheriff's Dced Book No ........ _2_5_2_ _, Page ............ 280 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ........... day of_ ............... Mellon Bank, N.A. VS Walter A. Loomis and Evelyne Loomis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4850 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Walter A. Loomis, to his last known address of 10283 Edison Road, Osceola, 1N 46561. This letter was mailed under the date of December 13, 2001. The unopened letter was returned to The Cumberland County Sheriff's Office on January 2, 2002 with reason checked "UNCLAIMED." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Evelyne Loomis, to her last known address of 10283 Edison Road, Osceola, In 46561. This letter was mailed under the date of December 13, 2001. Evelyne Loomis received the letter on December 17, 2001. Return receipt card was returned to the Cumberland County Sheriff's Office on December 20, 2001 signed by Evelyne Loomis. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2002 at 2:25 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Walter A. Loomis and Evelyne Loomis located at 437 North 2nd Street, Wormleysburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Evelyne Loomis, by regular mail to her last known address of 10283 Edison Road, Osceola, IN 46561. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal noticee had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on April 3, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum $1.00 to Attorney Johnna Kopecky for Citizens Bank of Pennsylvania. It being the highest bid and best price received for the same, Citizens Bank of Peunsylvania of Two Mellon Bank Center, Room 152-AB50, Pittsburgh, PA 15259-0001, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $907.00, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 17.78 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.75 Certified Mail 17.07 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Legal Search Law Journal 349.10 Patriot News 251.10 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $ 907.00 Sworn and subscribed to before me ' This /~g~dayof (~ ~fj.o.,~ R. Thomas Kline, Sheriff 2002, A.D. ~ ~ )b~j .~9~- 15rt~thonotary ByN f~2t-~ ~ Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA.' : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RRAL gSTAT~ 8AL~ NO. 6~ Writ No. 2001 4~50 Civil Mellon Bank, N.-~ VS. Walter .~ Loomis and Evalyne Loomis Atty.: Johnna d. Kopecky LEGAL DESCRIWiION ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of Wormleysbuvg. Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewatcr. said Plan ~eing recorded in the office for the Recording of D~eds, etc,, in and for Ctu~berland County, in Plan Book I, page 71, and being bounded and described as follow~: BEGINNING at a point in the Eastern line of Second Street at the /~ditor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY 2002 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsyivania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ and The t~ - newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of./i / ~Daul~hin in ~iscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to {~r)~ su day~'ebr~{~ 2002 A.D. S A L E #63 Ten~L:Ru~_~, ~N~ta. ~Pul~c l M¥Co~n~ssk~aE~resJuneS, 2002 ] NOTARY PUBLIC CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 249.60 $ 1.5O $ 251.10 =ubllsher's Receipt for Advertising Cost of The Patriot-News and Th u P i t-N , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.