Loading...
HomeMy WebLinkAbout01-3081LINTON, DISTASIO, ADAMS & KAUI~'~MAN, P.C. By: Anthony R. Dlstasio, Esquire Attorney I.D. No. 46890 1720 Mineral Swing Road, P.O. Box 461 Rending, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW V, :No. DARWIN GIRARD CIilLCOTE and : JUDITH J. CHILCOTE : Mortgagors and Real Owners, : Defendants : ACTION OF MORTGAGE FORECLOSURE You have been sued in Court. ff you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a writ~ten appearance personally or by attorney and by filing in writing with the Court your defenses or objections to the claims set forth against your. You are warned that if you fail to do so the case may pr~ with out 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 claims or relief requested by the Plaintiff. You may lose money or property or their rights important 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 HELP. Lawyers Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Diet. lo, Esquire Attorney I.D. No. 46890 1720 Mineral Swing Ro~d, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW V. : :No. DARWIN GIRARD CHILCOTE and : JUDITH ]. CHILCOTE : Mortgagors and Real Owners, : Defendants : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTC. AGE FORECLOSI]I~I~ I. Plaintiff, First Union National Bank, is a national bank organized under the laws of the United States, with an office located at 123 South Broad Strut, 7'~ Floor, Philadelphia, Pennsylvania 19109-1029. 2. Defendants, Darwin Chilcote and 1udith Chilcote, mortgagors of the premises hereinafter described, are adult individuals with a last known address of 219 N. 26~ Street, Camp Hill, Pennsylvania 1701 I. 3. On November 6, 1992, the Defendants made, executed and delivered to CoreStates Hamilton Bank, a Mortgage upon the premises hereinafter described, which mortgage is recorded in Mortgage Book Volume 1100, Page 298, Cumberland County Records. A true and correct copy of the mortgage is attached hereto as Exhibit "A". 4. First Union Bank is a successor by merger to CoreStates Hamilton Bank. 5. The Mortgage has not been assigned. 6. The premises subject to said Mortgage is described as follows: ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of North 26a Street 280 feet north of the northeast corner of Logan Street and North 26~ Street also being at the dividing line between Lots Nos. 13 and 14, Section 'C' in the hereinafter mentioned Plan of Lots; thence North 0 dagreea 30 minutes East along the eastern lone of North 26'" Street 40 feet to a point at the dividing line between Lots Nos. 15 and 16 on Section mC" on the said Plan; thence South 89 degrees 30 minutes East along same 140 feet to a point on the western line of King Alley; thence South 0 degrees 30 minutes West along same 40 feet to a point at the dividing line between Lots Nos. 13 and 14, Section "C" on said Plan; thence North 89 degrees 30 minutes West along same 140 feet to a point, the place of BEGINNING. BEING Lots Nos. 13, 14, and 15, Section "C~ on Plan of Lots laid out by Arthur R. Rupley and Caleb S. Brinton which plan is recorded in the Cumberland County Recorder's Office in Deed Book 21-K, Page 293 on November 2, 1964 granted and conveyed unto the Grantors herein. HAVING thereon erected a two story frame dwelling known and numbered as 219 North 26'" Street. BEING the same premises which James H. Salmon and Ruth E. Salmon, his wife, by their deed dated October 7, 1964 and recorded in the Cumberland County Recorder's Office in Deed Book 21-K, Page 283 on November 1964 granted and conveyed unto the Grantors herein. 7. The Plaintiff has complied with the provisions of Section 403 of Act No. 6 of 1974, 41 P.S.§ 403 and Section 2 of Act 91 of 198:3, 35P.S.~103(c) as evidenced by copies of the notices required thereunder attached hereto, marked as Exhibit "B", made a part hereof, and sent to the Defendants on November 13, 2000. 8. Said Mortgage is in default because the required installments of principal and interest due July 20, 2000 and the 20~' day of each month thereafter are due and have not been paid. 9. After demand by Plaintiff, Defendants have failed to pay said installments of principal and interest and has to date failed to cure such default. I0. As per the terms of the Mortgage, upon default and failure to cure such default at~r notice, the whole of the principal, interest and late charges due thereunder are collectable forthwith. I 1. The following amounts are due on said Mortgage: Principal balance $38,136.04 Interest as of 04/26/01 with a continuing 635.38 interest per diem amount of $10.91 as per the terms of the Mortgage Attorney Fees of 15% as per Note 5,815.71 (only actual attorney fees not exceeding 15% will be collected at the time of reinstatement/payoff) TOTAL $44,581.13 12. Plaintiff demands judgment for the amount due and for foreclosure and sale of the mortgaged property. WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the Defendants for foreclosure and sale of the mortgaged property and in the amount of Forty Four Thousand Five Hundred Eighty Seven Dollars and Thirteen Cents ($44,587.13) with interest continuing from April 26, 2001 at the Contract per diem amount of $10.91, costs of suit and for any and all other relief as the Court deems appropriate. LINTON, D~TASIO, ADAM~/& KAUFFMAN, P.C. By: Anthony R. Distasi~ Esquire Attorney for Plaintiff Pursuant to thc Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. (197'0, Dofcndent(s) may dispute the validity of the debt or any portion thereof, ff Defendant(s) do so in writing within thirty (30) days of receipt of this ple,adln_o= Counsel for Plaintiff will obtain and provide Defendant(s) with wri~.en verification thereof; otherwise, the debt will be assumed to be valid by us. Likzwiso, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) nnme and address oftbe original creditor if different from above. wDmA~..~IN GIRARD CR. TLCOTK AND JUD%']~I J ~..r'rr, nq,. 1992 bF .L.E.Z. GH'I'Y THOUSAND .'U4D 00/1 *~;**t's~***** ....... f.°Monsa~xFmmtlmetolmeuptoeci~d m,~Kmp°m ..., .~r.~ ~.~......~, ... ,. !.0_0_.: - -- ** ....... .************* .,,,~--,..,~ ,,,.,. ?,.n, _. and of]cd this M(~I--,-- -*b~u~-~LJ ~p~--, nCCtlalJon or phe ABrce~nt and I~ JmynMnt h~ Mon--~--e I-]~ O~ ITJ(~'J.~G¥'Ltjc~ if ~fJll m ~ (~med u#,~t.~ wain any mba' r~hls which the &ionoao~e ~uut~r ~'~'r ~-'~ --~ au tim dBMs les ~ In this ltmsase and the Aa,,.,*.,,.. muke appearance& dfdaursc ntuttc, ]lk:hJdhlU . ~.~,,.~s~:c~ ........ pelly, their &iof1~l184~ fltav I ks nml~n'~loqLSljC.-~,-- ~.n . Any amounts spent by Mortia~ceV~ll he ~jd~'~'t~-~;,.~/.s..,_~a~f,_?,l~ whaee~-T action is o~:es~y-~l~--z~' ]~,~c mc~. -- ......... ~s p,,m..pm ~ secured h~, fbb-~,~ ~---,'~' ~.s m~ert, st. _ camflatkMdatL~CSnuMbemolab~ &tn .... .l'ro~pe y, ..lypeandammJfll~h~i~a~.~ ~wel ,~ '~, ,he .~'~,.~ .- ~. ~ ~,~=='~,~,~ ",, ~ ~.1,, ~,~ ~".J~ r_"_?'~, .,~-, ,,......ts ~'~ ..~,he ~o-~, ........... ~ _ ;,)-~,... ~,he £&~., ~ ....... ~ d~ un~t the AS~menI and ih~.~- "~,."'~ ~ an(z I~y auT~ emces~ m ~m ~m~a~_m~ ..~.y. ~ ~,;j ap(w lira IXOC~ wntfen con~n o; Mmlo,~ ~- 'a-,-'I-P--~'F' W?I doall =nary ~ aud malmenance io ~ ,k. n..--.- -- ' occur3, ?y Comupennrlon ~jM~fa p~d ,o Mon.m~,.- subL..~M~.~. - ~_~ o n(xJce M takln. ~ tureen ., ~,..~...~o, ,v.~ ,.~,~5~ n.(*~ ~,~ '"" '"~ be~' ol ~.~ ,.~ .~.~ o. I~ o. ,he e,~..- ~.. -- ', i payment un~"r tl~ AsrCenlen - ~ :""~,~*-.,~"~'~ ~ga~F~.. In MOfl~l~x:m I°~mt sm~Mk:a Jori ~ M~ ~ ~ (m) ~ W~ ii · PAYMEI~I~ ~e tJ-'~q~z~-~:~'.l*?.~-c;"~d- ~ I,n the ALqrumc.( occmi --- -- munl~ea w,~ com~nt Mo~- ~eferves-- ,. RIGIrIT UPON ~.F,,~LU8~ fa ~h...M~fl~,,~e'...s 'c°st s ol' (~1o~ and rusonl~eYat?o~ml.sm~ IXbldpd, Imemm, mher amouma d.e'under tim " N ,ON-WAI¥~:il. CilMt)LATIV~JI'~4EI~BS i(M*---- m-- ---~ sam .... rmpL~¥, o~ (d) Pumm any mh~' dshts . ~ T~I.IIZREOF, HunFpw' InlL'nd rtl( be really h~ ,~1 ~...~l''e' II.s succclao~ ~ n& suc~ IO time ~ ~.,.,,-..,~. ~-,//~,.~'._,,,~ /7 · ,,~ --, .,.. ,~,.,~. 'ch'"~,'--.. ,L.~ D~... oz~ c.~L,',~- (sM) L/,~(..~' .~'~'-~'~_~...~.'~.-'., ,~., .-,,~.~i~t: -,-o,.., ,.. o,,,, - ~ .* ~,')B-r~,--~~ PO Box 7558 · Philadelphia, PA 19101-7558 800 444-4212 November Darwin G Chllcote 219 N 26th Street .Camp Hill, PA 17011 4388 5422 1059 7586 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe on your home is in default, and the lender intends to foreclose. Soecific information about the nature of the default is provided in thc The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able tn held to save your home. This Notice explains how the proqrem works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUN.~;I lNG AGENCY WITHIN 30 DA YS OF THE DA TE OF THIS NOTICE. Take this Notice with ypd~ when you meet with the Counselinq Aqency. The name. address and phone number of Consumer Credit Counselinq Aqencies servinq your County are listed at the end of this Notice. ff you have any questions, you may call thc Pennsylvania Housincl Finance Aoencv toll free at 1-800 342-2397. (Persons wfth impai _m,~ heerino can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an aitomey in your area. The local bar association may be able to help you find a lewyer. LA NOTIFICAClON EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FIANANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SAL VA SU CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA. '2 Danefn G Chilcote November 13, 2000 HOMEOI/VNER'S NAME (S): Darwin G Chilcote PROPERTY ADDRESS: 219 N 26th Street Camp Hill, PA 17011 LOAN ACCT. NO.#: 4386 5422 1059 7586 ORIGINAL LENDER: FIRST UNION BANK CURRENT LENDER/SERVICER: FIRST UNION BANK EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN ,~A VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGF PA YMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOFI4VER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 'ACT'), YOU MAY BE ELIGIBLE FOR EMERENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROl., · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE PA YMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURe; - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and aEend a 'face --to- face' meeting with one of the customer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOTAPPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTHAGE UP TO DATE THE PART OF THIS NOTICE CAI I ;~ 'HOW TO CURE YOUR MORTGARF DEFAULT'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DA Tf= CONSUMER CREDIT COUNSELING AGENClI=R - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thiriy (30) days after the date of this meeting. The names, addresses and teleohone numbers of desicnated consumer credit cou~-~__~_!no =__~e_ncies for the co(mty in which the oroneriy 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 immediatelv of your intentions. '3 4386 5422 1059 7586 November 13, 2000 APPUCA TION FOR MORTGAGE ASSISTANCE.--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program to do so, you must tilt out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at 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 fact-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 MA Y PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are ve~/ limited. They wilt be disbursed by the Agency under the eligibiliiy crlte~fa established by the Act. The Pennsylvania Housing Finance Agency has six (60) days to make a decision after it receives your application. Du#ng that time, no foreclosure proceeding will be pursued against you ff you have met the time requirements set forth above. You will be notified direcUy by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~l it up to dete.) NATURE OF THE DEFAULT': - The MORTGAGE debt held by the above lender on your property located at: 219 N 26th Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: '4 Darwfn G Chilcote November 13, 2000. A. YOU HA VE NOT MADE MONTHLY MORTGAGE PA YMENTS for the following months and the following amounts are now past due: SO. IN) Other Charges $2895.56 $3809.63 July 2000 Through October 2000 TOTAL AMOUNT PAST YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DA YS of the date of this notice BY PA YING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2895.66, PLUS ANY MORTGAGE PAYMENT AND LATE CHARGERS WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pawnents must be made either by cash. ceshle¢s check, certified check or money order mede oavable and sent to: B. You can cure any other default by taken the following action within THIRTY (30) DA YS of the date of this letter. (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DA YS of the date of this Notice, the lender intends to exercise its riohts to a;celerete the mortoaoe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DA YS, the lender also intends to instruct its attorneys to start legal action to ~ your mortaaaed orocertv. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged properb/ will be sold by the Sheriff to pay off the mortgage debt. ff the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee 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. '5 Darwin G Chilcote November 13, 2000 Any attorney's fee will be added to the amount you owe the lender, which may also include other reasonable costs. If you curs the default within the THIRTY (30) DA Y period, you will not be rsouirsd to ney 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. RIOHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cursd the default within the THIRTY (30) DA Y petfod and foreclosurs proceedings have begun, you still have the rioht to curs the default and orsvent the sale at any time up to one hour before Sheriff's Sale. You may do so bv oavino the total amount then past due, plus eny late or other charsas then due. rsasonabfe attorney's fees and cost connec~ted with foreclosurs sale and any other costs connected with the Sheriff's Sale a8 ~necifled in writino bv the lender and bv oerformino any other req(~irements under the mortqaqe. Curing your default in the manner set forth in this notice will restore your mmlgage to the same pos/ffon as if you had never defau/tod. EARLIEST POSSIBLE SHERIFF'S SALE DA TE--lt is estimated that the satliest date that such a SheritFs Sale of the morlgaged properb/ could be held would be approximately SIX (6) months from the date of this Notice. A notice of the actual date of the Sherift's Sale will be sent to you befors the sale. Of course, the amount needed to curs the default will incrsase the longer you wait. You may rind out at any time exactly whet the requirsd payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: First Union National Bank PA1327 Consumer Credit Department Address: 123 South Broad Street Philadelphia. PA 19109 Phone Number: 1-800-444-4212 Ext. 3344 Fax Number: 1-215-9858291 Contact Person: Walter J Hart EFFECT OF SHERIFF'S SALE.--You should realize that a Shelf, s Sale will end your ownership of the mortgaged properly and your ~fght to occupy it. If you continue to live in the property after the Sberfft"s Sale, a lawsuit to remove you and your fomishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or_X__ may not (CHECK ONE) sell or transfer your home to a buyer or trrsnsferse who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs ars paid prior to or at the sale and that the other requirsments of the mortgage ars satisfied. '6 Dan~fn G Chilcote November 13, 2000 YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGTH 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 COUNSEUNG AGENCIES SERVING YOUR COUNTY Walter J Hart CONSUMER CREDIT DEPARTMENT 1-800-444-4212 EXT. 3344 WJH/dyp Consumer Credit Counselino A;lency Notification To: Data: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant: Address Telephone Mortgage Loan Number Address of proper~y on which mortgage is in default If different from aboveo The counseling agency met with the above name applicant on , Who have indicated that Ihey are mom than s~xty (60 days delinquent on their morlgege payments and have received notification to foreclose from FIRST UNION NATIONAL BANK CONSUMER CREDIT DEPARTMENT PA 1327 123 SOUTH BROAD STREET PHILADELPHIA. PA 19109 In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you thaC 1. If the delinquency cannot be resolved w~thin 30 days forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By · copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the properb/ identified above. 3. It is our underatanding that the 30 days forbearance pe~fod in which we ara now in ends on 4. No legal act'~on to enfome the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. PENNSYLVANIA BULLETIN VOL. 29. N0.23 JUNE 5, 1999 STATEMENTS OF POLICY Name of Counseling Agency Signer an~ Title Telephone Number Address ........ ' ' . :"" SENDER: l a]so wish to receive the follow- .'~'"~'~'!'"' ,.. ~=,/.. ,... · · . .:..: ... .. . DC(x~Meilln~land~r2~.~l:iUon~Mmml. ingse~ces(foranextrafee): · ,, ' ).. ~. :'s" .Il DPrint'y~nlmeMYlacldressMilhell~lmloflhilfoflJllothltvmc~tlMumthi~ ':.. '."' r, wdto 1 ~lMre,~ee'$Addres,s ..~ ' " · ...." .... ""'" "'~ ~'~'"~"~" -"-."' ~'="'~.~'" ' 2.~ D,,i, t .,;... . ; D ~Wl~._R~um Rlcl~ RiqumW~ on ~le mallpiem bM~w ~he adj=e nmlber..~ L-I ~:l~ /Y ~ ., o M~e,oct. ·'~ 3. Arbcte ~lclmssoci to: ~ .~ f~. Afire Numbe; E /~-- ~_ _// ....,/ 14b. Se~coType t ~:~/? /" Ir1 Expre.. Mail . ~.. n.~ ~( n . · Y-." -. FSFon~381 ,December1994.. .; ~2~.f-;;-B-(]2~ D(xnes~cRetumR,e~lpt I ;;.i ; I~i ., ,. . L~ Consumer Credit Department PO Box 7558 Philadelphia, PA 19101-7558 800 444.4212 November 13, 2000 Judith G Chilcel~ 210 N 26th Street C. mp Hill, PA 17011 4386 5422 1059 7586 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortoaue on your home is in default, and the lender intends tp foreclose. Soecific information about the nature of the default is orovided in the attached oaues. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help t~ save your home. This Notice explains how the oroorem works. To see if HEMAP can halo. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY 9VlTHIN 30 DA YS OF THE DA TE OF THIS NOTICE. Take this Notice with you when you meet wfth the Counselinn Aoencv. The name. address and ohone number of Consumer Credit Counselincl Aoencies servincl your County are listed at the end of this Notice. If you have any ouestions, you may call the Pennsylvania Housino Finance Acencv toll free at 1-800 342-2397. (Persons with imceired hearino can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN 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 FIANANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SAL VA SU CASA DE I..A PERDIDA DE DERECHO A REDIMIR SU HIPOTECA. '2 Judith G Chiicote November f 3, 2000 HOMEOWNER'S NAME (S): Judith G Chilcote PROPERTY ADDRESS: 219 N 26th Street Camp Hill, PA 17011 LOAN ACCT. NO.#: 4386 5422 1069 7586 ORIGINAL LENDER: FIRST UNION BANK CURRENT LENDER/SERVICER: FIRST UNION BANK EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MOt~TGAGE PA YMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOVVNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 'ACT'), YOU MAY BE EDGIBLE FOR EMERENCY 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 PA YMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirb/ (30) days from the date of this Notice. · Dutfng that time you must arrange and strand a 'face -to- face' meeting with one of the customer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30J DAYS. IF YOU DO NOT APPL Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MOR t HAGE UP TO DATE THE PART OF THIS NOTICE CAI I ~=~ 'HOW TO CURE YOUR MORTGAGe- DEFAULT'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONS~IM~=R CREDIT COUNSEUNG AGENCIES - ff you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days alter the date of this meeting. The names, addresses and t~e_nhone numbers of de-*_~nated consumer credit counselinrl ecencies for the county in which the ~ro=ertv is !_nc_~_ ~d are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender ~ of your intentions. .3 4386 5422 1059 7586 November 13, 2000 APPLICATION FOR MORTGAGE ASSISTANCE*Your mortgage is in default for the masons 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 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 fact-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 el'~bility criterfs established by the Act. The Pennsylvania Housing Finance Agency has six (60) days to make s decision after it receives your application. Durfng that time, no foreclosure proceeding ~11 be pursued against you if you have met the time requirements set forth above. You wfll be notilfed directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (B#na it up to date.) NATURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your property located at'. 219 N 26th Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: .4 Judith G Chilcote November 13, 2000 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PA YMENTS for the following months and the following amounts ars now past due: $0.00 Other Charges $2895.66 $3609.63 July 2000 Through October 2000 TOTAL AMOUNT PAST YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT- You may curs the default within THIRTY (30) DA YS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2895.66, PLUS ANY MORTGAGE PAYMENT AND LATE CHARGERS WHICH BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Payments must be made either by cash. cashier's check, cer~itled check or money order made savable and sent to: B. You can curs any other default by taken the following action within THIRTY (30) DAYS of the date of this letlec (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DA YS of the date of this Notice, the lender intends to exercise its riohts to accelerate the mortoeoe debt. This means that the entire outstanding balance of this debt will be considersd due immediately and you may lose the chance to pay the mortgage in monthly installments, ff full payment of the total amount past due is not made within THIRTY (30) DA YS, the lender also intends to instruct its attorneys to start legal action to ~ your mo~oaoed Dro~er~Y. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. ff the lender refers your case to its attorneys, but you cure the delinquency befors the lender begins legal proceedings against you, you will still be required to pay the rsasonable attorney's fee that wars actually incurred, up to $50.00. However, if legal proceedings ara started against you, you will have to pay all rsasonable attorney's fees actually incurred by the lender even if they exceed $50.00. '5 Judith G Chilcote November 13, 2000 Any attorney's fee will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY f30) DA Y oeriod, you w?l not be reeuired to oav attorney's fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance end all other sums due under the mortgage. RIOHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, you still have the rioht to cure the default and urevent the sale at any time uo to one hour before Sheriff's Sale. You may do so bv oavinn the total amount then osst due. olus any late or other chaross then due. reasonable attorney's fees and cost connected with the f;)rec/osure sele and any other costs connected with the Sherift's Sale as soecifled in writino bv the lender and bv cerfermino any other reouiremonts under the mortoaos. Curing your default In the manner set forth in this no#ce will restore your mortgage to the same posi#on as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged properly 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 Mil he by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: First Union National Bank PA1327 Consumer Credit Department Address: 123 South Broad Street Philadelphia, PA 19109 Phone Number:. 1-800-444-4212 Ext. 3344 Fax Number:. 1-215-985-8291 Contact Person: Waiter J Hart EFFECT OF SHERIFF'S SALE--You should realize that a ShertlFs Sale will end your ownership of the mortgaged properly and your right to occupy it. If you continue to live in the property after the Sherift's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MOR~GE - You ~ may or _X~ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mo[tgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. '6 Judith G Chilcote November 13, 2000 YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. · TO HA VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGTH 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 ASSERTANY OTHER DEFENSE YOU BEUEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSEUNG AGENCIES SERVING YOUR COUNTY Walter J Hart CONSUMER CREDIT DEPARTMENT 1-800-444-4212 EXT. 3344 WJI-Ydyp Consumer Credit Counselino Aqsncy Notification To: Date: Name of Mortgagee: Address: In accordance with the Ponnsylvonts Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant: Address Telephone Mortgage Loan Number Address of prol~ on which mortgage ia in default If different from above. The counseling agency met with the above name applicant on , Who have indicated that they am more than sixty (60 days delinquent on their mortgage payments and have received notification to foreclose from FIRST UNION NATIONAL BANK CONSUMER CREDIT DEPARTMENT PA 1327 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: I. ff the delinquency cannot be resolved within 30 days forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying ell other mortgagees, if any, which the applicant has indicated as also having s mortgage on the property identified above. 3. It is our understanding that the 30 days forbearance period in which we are now in ends on 4. No legal acUon to enforce the mortgage may occur du~fng this forbearance period, unless procedural time limits were not met by the homeowner. PENNSYLVANIA BULLETIN VOl_ 29. N0.23 JUNE 5, 1999 STATEMENTS OF POLICY Name of Counseling Agency Signer ancl Title Telephone Numl~er Address ...'". .... '. ::'.'~. ~' · .' ~." '...:~ -'. ' ~,. ~t ~.~o .. , : .. ,..~....~. . .....~ ~c~m~.~,. II ' ". · ' - '. ' .'" ~ ~,~o~,~m,,~. II X ~ ~~~' :~~' I~ ~?.'.'. . .. . ,._,.. 0~1 0~.' · ':-.' ~ Fora 3811, Ju~ t~lrd Your name end addmen on ~e mveme 3udJtb G Cbilcote 219 N 26~ Street Camp ~ PA 1701l ..... '.~ .'¥'"; L."7;- -~:'~-.":.-;:r:::: .... _ .... -'" ~ ~" ~w~- · 1, 3. A~e ~d~ ~~' ~~/5 ~.~ ~ ~ ~ .. - PS Fo~ ~811, D~r 1~ I~S~-~.B.~ The undersigned, having read thc auached, hereby verifies that the within pleading is based upon information furnished to counsel, which information has been gatheted by counsel in the course in this lawsuit. The language of the pleading is that of counsel and not of the signer. The signer verifies that she/he has read the within pleading and that it is truc and correct to the best of thc signer's information and belief. To the extent that thc contents of the pleading are that of counsel, the signer has relied upon counsel in taking this Verification. I, Patricia Kerrane, hereby verify that I am an Assistant Vice President of First Union National Bank, that I am authorized to make this verification on its behalf and that thc facts set forth in the within Instrument are true and correct to the best of my knowledge, information and belief and that thc same are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: Assistant Vice President PATRICIA KERKANE, Re: Dm'win and Judith Chilcote Loan No. 4386S42210S97S86 SHERIFF' S RETURN - REGULAR CASE NO: 2001-03081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA/gD FIRST UNION NATIONAL BANK VS CHILCOTE DARWIN GIRARD ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHILCOTE d-u-DITH J the DEFENDANT , at 1841:00 HOURS, on the 23rd day of May , 2001 at 219 NORTH 26TH STREET CANP HILL, PA 17011 by handing to JUDITH J CHILCOTE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 9.30 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 25.30 07/02/2001 ADAMS & KAUFFMAN Sworn and Subscribed to before By: me this ~ day of Deputy-Sheriff 1 Prothon~ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS CHILCOTE DARWIN GIRARD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CHILCOTE DARWIN GIRARD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 2nd , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer. Docketing 18.00 . Th~~~ Out of County 9.00 " Surcharge 10.00 R omas Kline Deputize Dauphin 29.25 Sheriff of Cumberland County .00 66.25 07/02/2001 ADAMS & KAUFFMAN Sworn and subscribed to before me this [~{~ day of , 2,,ool ' I PTo__t~onotaryl Ma~.' Jane Snydcr ~~~ J. Daniel Basilc Real Eslate Del~ty ~ Chief Deputy William T. Tully Michael W. Rinehart Solicitor Assistam Chief Deputy Dauphin Counp/ Hanisbur8. Pennsylvania 17101 ph: (717) 255-2660 Ihx: (717) 255-2889 Jack Lot-wick Sheriff Commonwealth of Pennsylvania : FIRST UNION NATIONAL BANK vs County of Dmuphin : CHILCOTE DARWIN GIRARD Sheriff's Return No. 1547-T - - -2001 OTHER COUNTY NO. 2001-3081 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CHILCOTE DARWIN GIBARD the DEFENDANT named in the within NOTICE & COMPLAINT IN MORT FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 22, 2001 DEFENDANT REFUSED SERVICE PER HIS ATTORNEY STUART DONEGAL. COMPLAINT EXPIRED ON 6-21-01. Sworn and subscribed to So Answers, ~__..-o +J~ Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $29.25 PD 06/07/2001 RCPT NO 150768 In The Court of Common Pleas of Cumberland County, Pennsylvania First Union National Bank VS. Darwin Girard Chilcote etal ~RVE: Darwin Girard Chilcote No. 2001 3081 civil Now, May 30, 2001 , I, SHERIFF OF CUNfBERLAND COLrN1-Y, PA, do hereby deputize the Sheriffof r~,?h~,, County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Coun .fy, PA Affidavit of Service Now, .. ,20 , at o'clock M. served the within upon by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Counw., PA COSTS Sworn and subscribed before SERVICE $ me this day of ,20 MILEAGE AFFIDAVIT $ LINTON, DISTASIO, ADAMS & KAU~-~-~VlAN, P.C. By: Anthony R. Dist~sin, Esquire Attorney I.D. No. 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL AUI'ION - LAW : No. o DAEWIN OI]~M~D CHIt. COTE and : JUDITH J. CHILCOTE : Mortgagors and Real Owners, : Defendants : ACTION OF MORTOAGE FORECLOSURE NOTICE You have been sued in Court. If you wish W defend ag=in,t the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by atWrney and by filing in writing with the Court your defenses or objectiom to the claims set forth against your. You are warned that if you fail to do so the case may proceed with out you and a judgment may be entered against you by the Court without further notice for any money chimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or their rights important 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 HELP. Lawyers Reference Service Cumberland County Bar Ass~.intion 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 TRUE COpy FROM RE Taa mony whet, CORD aiM lllo agi -. eel, l here unlo sef ..~ .__ ~ LIN'TON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney I.D. No. 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 196034}461 (610) 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CML ACTION - LAW V. : No. DARWIN GIRARD CHILCOTE and : JUDITH J. CHILCOTE : Mortgagors and Real Owners, : Defendants : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTC, AGE FORECLOSURE 1. Plaintiff, First Union National Bank, is a national bank orgnni,~ed under the laws of the United States, with an office located at 123 South Broad Street. 7' Floor, Philadelphia, Pennsylvania 19109-1029. 2. Defendants, Darwin Chilcote and Judith Chilcote, mortgagors of tbe premises hereinafter described, are adult individuals with a last known address of 219 N. 26~ Street, Camp Hill, Pennsylvania 17011. 3. On November 6, 1992, the Defendants made, exocuted and delivered to CoreStnttaS Hamilton Bank, a Mortgage upon the premises hereinafter described, which mortgage is recorded in Mortgage Book Volume 1 I00, Page 298, Cumberland County Records. A t~ue and correct copy of the mortgage is attached hereto as Exhibit 'A'. 4. First Union Bank is a successor by merger to CoreStates Hamilton Bnnlr 5. The Mortgage has not been assigned. 6. The premises subject to said Mortgage is described as follows: ALL THAT CERTAIN lot or tract of land sit~ate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of North 26~ Street 280 feet north of the northeast corner of Logan Street and North 26~ Street also being at the dividing line between Lots Nos. 13 and 14, Section 'C" in the hereinafter mentioned Plan of Lots; thence North 0 degrees 30 minutes East along the eastern lone of North 26~ Street 40 feet to a point at the dividing line between Lots Nos. 15 and 16 on Section 'C" on the said Plan; thence South 89 degrees 30 minutes East along same 140 feet to a point on the western line of King Alley; thence South 0 degrees 30 minutes West along same 40 feet to a point at the dividing line between Lots Nos. 13 and 14, Section "C' on said Plan; thence North 89 degrees 30 minutes West along same 140 feet to a point, the place of BEGINNING. BEING Lots Nos. 13, 14, and 15, Section "C' on Plan of Lots laid out by Arthur R. Ruplcy and Caleb S. Brinton which plan is recorded in the Cumberland County Recorder's Office in Deed Book 21-K, Page 293 on November 2, 1964 granted and conveyed unto the Grantors herein. HAVING thereon erected a two story frame dwelling known and numbered as 219 North 26~ Street. BEING the same premise~ which James H. Salmon and Ruth E. Salmon, his wife, by their deed dated October 7, 1964 and recorded in the Cumberland County Reeorder's Office in Deed Book 21-K, Page 283 on November 1964 ~ranted and conveyed unto the Grantors herein. 7. The Plaintiff has complied with the provisions of Section 403 of Act No. 6 of 1974, 41 P.S.§ 403 and Section 2 of Act 91 of 1983, 35P.S.§403(c) as evidenced by copies of the notices requital thereunder attached hereto, murk. ed as Exhibit "B', made a part hereof, and sent to the Defendants on November 13, 2000. 8. Said Mortgage is in default because the required installments of principal and interest due July 20, 2000 and the 20* day of each month thereafter are due and have not been paid. 9. After demand by Plaintiff, Defendants have failed to pay said installments of principal and interest and has to date failed to cure such default. I0. As per the terms of the Mortgage, upon default and failure to cure such default after notice, the whole of the principal, interest and late charges due thereunder are collectable forthwith. 11. The following amounts are due on said Mortgage: Principal balance $38,136.04 Interest as of 04/26/01 with a continuing 635.38 interest per diem amount of $10.91 as per the terms of the Mortgage Attorney Fees of 15% as per Note 5.815.71 (only actual attorney fees not exceeding 15% will be collected at the time of reinsta~nent/payof0 TOTAL $44,587.13 12. Plaintiff demands judgment for the amount due and for foreclosure and sale ot' the . mortgaged property. WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the Defendants for foreclosure and sale of the mortgaged property and in the amount of Fort7 Four Thousand Five Hundred Eighty 5even Dollars and Thirteen Cents ($44,587.13) with interest continuing from April 26, 2001 at the Contract per diem amount of $10.91, costs of suit and for any and all other relief as the Court deems appropriate. LINTON, D~TASIO, ADAMy& KAUPPMAN, P.C. By: Anthony R. Distaai~, Esquire Attorney for Plaintiff Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. (1977), Dofendnm(s) may dbpme the validity of thc debt or any potion thereof. If Dofcndent(s) do so in writing within ~ (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendants) with written vefif'teation thereof; othenvtse, the debt will be assumed to be valid by us. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for PiaintUY will send Defendant(s) name and address of the OriBinal creditor if different from above. "MAY MAKE TO TiiI~ MORTGAGOR. blORTGAGOR.$ iNTeREST iiAT~ MAy VAlly iql~ ~ME ~ ~ME · ~ls A'mflpsc made the 6th d-- of November DARWIN GIRARD CIITLCOTE AND JUD~"~'" r ~ur, ,19:~'~ by ~' CDHBKRLAHD , &a · ~ .~tme.o3,~,.v~,,... )&x~See:. dm ~¢s) m' .ple~e(s.) oF Imund, ,.'nn~ed the c°ndcmfla~irm (raklfls) ol* all m* mn of hePrrm,*~ -.--. ...--.u, mtu. djm;n?mUlelmtdm, mflybulldln~(d~n~llxucem:hfMl~l~ AGREI~iEI~ dl Novem . P8or · obliSmfons under a R.EVOLVTNG · ,-L,_ .. THOUSAND AND 00/100 *[~********************************** me up Io · credh limk of qm. sr:anmL~mb,cktothed~Kcof h~qMoflp..M~..~.7..and;._o~'__- '~'~m's~.-'.'e.'c~m[umfesduncesupmtheMofl~m~c~.~t =lonnwllhanymherrlshtswh]chlhcA~.~mL~*~u_-.,=': _'~..__ . ~ s nsnm any aaron ts begun Iha~ malerlal] a~s Mofl~m'* s ......... ~ ~cm~/. * hebllsallonsundcr d~4' MORT~. AGOR'S...PI~MISES, Urllll Ihe e~rll~r o( ,'41]1~ flotjce as pfl~scl~3ed by bw t.M ~ t~quf.?d_h,/ibc .ABrcemcfll* this Moils·se and any ollmr Gbllpll~ ~ Idoflmanr sccu,~ff~BIt~,.~*~ AS~ nB ~ dl Jmymems rest beBIns lo accrue Iher~o~ Monnaor will m~,la, if. ......... FB~p I~ and all mher durses ma~e nf the fha he r~ . P ~ Mo~pSo~ will p(ov~ Mo wi party, p~L"y, and mice an-' _..~p.~_ml...? has ..l~.n IMid. Mofll~T~q~'_ will Immed ,~dy rmfffy Mofl~,m oF ~nv"~ ,~'.ht-c~--r~'lc"?~-~,""~h Iruurmce, ·kx~ w h proof w,,en cons~m o~ Mm~rpsee b oh, ~. ~----.~.T., __nc~. _~ry ,mpalm, and. mai·mm.ce m keep die Pmpe~r n muod eS. ProJ~fl~. ~ ~ inslM~I the Property h ,L. ........ .P. Be. s. r mF. ef Immest In I~--Pn~xt* wh .~- --,... _~ i'fopefly. .k'~ .; h,. p~r ~i~ay II~ COSf ~oc recordln or illin t, qub~ by MonsaSOe Io pmeecE · ;.;..., _~;~-. ,,quflgasor wm oe in d~t'ault of lira -q, Sf~m~flt and Ih u,~,~.,_*,-,;~,,_.~, _as~,h~c. _ u]r .Mo~Ip. il~ ~---, -. kSrelwe~ lion to Mo~ In ~s · Iowl~ occur: Ca) .... ,. ,.,. ~or~-.~ ,*.mom th~ p,~ .,d.~. co.,,~ o~ ~.~ *h,:h ~.~e~' or --oq~e~ ~..r~-, * I u)~rc~t.ts~.°~!e)_a~.¥ event of default described in die Affrcem~l ~ccur.. MollS·Bee re~'1~8 heflnh, :. 'H' IqC~q' WA~VSR' CLJM~II~'~TBVI~*~MnPlBS. Mon~..w m ~y, m' (d) Fursue Ih~ A~'~m~n! ur Ih]~ ~'k~rl ........ m_!]~¥ ~o! ii I.ly~.. sm~e limP. Mm~sa~e~.f h I.a IO en~rce an~ .~L..t~e'~ ~lr~sjxmsthdlller~'ll.sl~,rl~.~all n relolhr.~8~.~"n. ~t.l!¥ Nndins upon t~'sAk~S~andn¥ ..~p. ,,.~ ~.,,, ,.,. ~.~.~ ,. ,,,.-,.. ,,, h~ t.~,.~ ho.r.. ,. ~., ,.,. ,&,~.~ '~"~ ~.t.----~ .... · ~- ? . .~, · · .'- · . ' ,'. "'. . , ~.r..~ r.'..~ ......~, ~,.~ I~L ~M~ ~2~ .............. ~....~~. ~ .~ · . . ~ HAMIL~N BANK ' ............... · ... . . ....~~~..~....:. ~ ~ ~ .......... . .'..,,~.~ s ' PA1327 } l'-' Consumer Credit Departmem PO Box 7558 · Phihdelphil, PA 19101-7558 800 444-.4212 November 13, 2000 Darwin G Chilcote 219 N 26th Street Camp Hill, PA 17011 4386 5422 1059 7586 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe on your home is in default1 and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached oaces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able tn helo to save your home. This Notice explains how the proqrem works. To see if HEMAP can helo. you must MEET WITH A CONSUMER CREDIT COUNSF_£!NR AGENCY WITHIN 30 DA YS OF THE DA TE OF THIS NOTICE. Take this Notice with y~, when you meet with the Counselinq Aqency. The name. address and ohone number of Consumer Credit Cou,se!!~q Aqencies servinq your County are listed at the end of this Notice. ff you have any ouestions, you may call the Pennsylvania Housino Finance A~encv toll free at '/-800 342-2397. (Persons with impaire_ , hea#ne can call (717) 780-1869. This Notice contains important legal information, ff 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 affomey 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 VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FIANANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SAI. VA SU CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA. '2 Darwin G Chiicote November 13, 2000 - HOMEOWNER'S NAME (S): Darwin G Chilcote PROPERTY ADDRESS: 219 N 26th Street Camp Hill, PA 17011 LOAN ACCT. NO.#: 4386 5422 1059 7586 ORIGINAL LENDER: FIRST UNION BANK CURRENT LENDER/SERVICER: FIRST UNION BANK EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR . HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PA YMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MA Y BE ELIGIBLE FOR EMERENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE PA YMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you ere entitled to a temporary stay of foreclosure on your mortgage for thirb/ (30) days from the date of this Notice. Du#ng that time you must arrange end attend a 'face -to- face' meeting with one of the customer credit counseling agencies listed et the end of this Notice. THIS MEETING MUST OCCUR WITHIN TH~ NF, X7' [30) DAYS. IF YOU DO NOT APPL Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTHAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirb/ (30) days after the date of this meeting. The names, addresses and teleohone numbers pf desiqn;t~f consumer oredit counselino aaencies for the county in which the nronerty 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. 4386 5422 1059 7586 November 13, 2000 APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have t#ed 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 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 fact-to-face meeting. YOU MUST FILE YOUR APPLICA TION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR' APPLICATION FOR MORTGAGE ASSISTANCE VVTLL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility crite#a established by the Act. The Pennsylvania Housing Finance Agency has six (60) days to make a decision afier it receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage As~ietance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it un to date.) NATURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your properly located at: 219 N 26th Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: Darwin G Chiicote November f3, 2000. A. YOU HA VE NOT MADE MONTHLY MORTGAGE PA YMENTS for the following months and the following amounts ara now past due: $0.00 Other Charges $2895.66 $3609.63 July 2000 Through October 2000 TOTAL AMOUNT PAST YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT- You may curs the default within THIRTY (30) DAYS Of the date of this notice BY PA YING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2895.66, PLUS ANY MORTGAGE PAYMENT AND LATE CHARGERS WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Psvrnents must be made either by cash. cashier's check, certified check or money order made oavable and sent to' B. You can cure any other default by taken the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) WA IF YOU DO NOT CURE THE DEFAULT--If you do not curs the defeuit within THIRTY (30) DA YS of the date of this Notice, the lender intends to exercise its riohts to accelerate the mortoase debt. This means that the entira outstanding balance of this debt will be considerad due immediately and you may lose the chance to pay the mortgage in monthly installments, ff full payment of the total amount past due is not made within THIRTY (30) DA YS, the lender also intends to instruct its attorneys to start legal aoticn to foreclose unon your mon~ased omperiy. IF THE MORTGAGE IS FORECLOSED UPON~The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. ff the lender rafers your case to its attomeys~ but you curs the delinquency befora the lender begins legal proceedings against you, you will still be requirad to pay the raasenable attorney's fee that wera actually incurred, up to $50.00. However. if legal proceedings ara started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. '5 DamOn G Chilcote November 13, 2000 Any attorney's fee will be added to the amount you owe the lender, which may also include other reasonable coats. If you cure the default within the THIRTY (30) DA Y ;)efiod. you w.;!! not be reeauired to oav affomey'a fees. OTHER LENDER REMEDIES~The lender may also aue 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 ~---If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, you still have the #qht to cure the default and prevent the sale at any time uo to one hour before Sherf~s Sale. You may do so bv oavina the total amount then oast due. olus any late or other charoes then due. reasonable effomev's fees and ~,-~ connected wi~h ti:..'. foreclosure sale and any other ~;f.~ connected with the Sheriff's Sale as si~Sed in wrltino bv the lender and by l~erformino any other requirements under the mortqeqe 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 DA l'~--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately ~ (6) months from the date of this Notic~ A notice of the actual date of the Sherifi'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: Name of Lender: First Union National Bank PA1327 Consumer Credit Deparirnent Address: 123 South Broad Street Philadelphia, PA 19109 Phone Number: 1-800-444-4212 Ext. 3344 Fax Number:. I-215-985-8291 Contact Person: Walter J Hart EFFECT OF SHERIFF'S SA£F.--You should realize that a Sherift's Sale will end your ownership of the mortgaged property and your ~fght to occupy it. If you continue to live in the property affer the Sheri~s Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You__ may or_X._ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the morl~'age debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. '6 Dam/in G Chilcote November 13, 2000 YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTYACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGTH 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 ASSERTANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSI;LING AGENC!E$ SERVING YOUR cOUNTY Walter J Hart CONSUMER CREDIT DEPARTMENT 1-800-444-4212 ~ 3344 WJH/dyp Consumer Credit Counselinq Aqency Notification To: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance Name of Applicant: Address Telephone Mortgage Loan Number Ad~,~ of property on which mortgage is in default If different from above. The counseling agency met with the above name applicant on Date Who have/ndicated that they ere more than sixiy (60 days delinquent on their morigage payments and have received notification to foreclose from FIRST UNION NATIONAL BANK CONSUMER CREDIT DEPARTMENT PA 1327 123 SOUTH BROAD STREET PNICADELPNIA, PA 19109 In accordance with the HomacwneKs Emergency Mortgage Assistance Program, this is to inform you that'. I. If the delinquency cannot be resolved w~thin 30 days forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By · copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also heviag a mortgage on the property identified above. 3. It is our understanding that the 30 days forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this foKoserance par/od, unles~ procedural time limits were not met by the homeowner. PENNSYLVANIA BULLETIN VOL. 29. N0.23 JUNE 5, 1999 STATEMENTS OF POLICY Name of Counseling Agency Signer an~ Title Telephone Number Address =n"z o . see[ ~.~ 'ooe; =o~ sa. ~ ~: ' Consumer Credit DeparUnenZ PO Box 7558 Philadelphia, PA 19101-7558 800 444..4212 November 13, 2000 Judith G Chilcote 210 N 2$th Street Camp Hill, PA 17011 4386 5422 1059 7586 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default, and the lender intends to foreclose. Sn_ecRc information abo,~,t_ the nature of the default is orovided in the The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help tO save your home. This Notice exolains how the oroeram works. To see if HEMAP can helD. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DA YS OF THE DA TE OF THIS NOTICE. Take this Nuli=e with you when you meet with the Counselino Aoencv. The name. address and phone number of Consumer Credit Counselinq Aoencios servino your County are li;ted at the end of this Notice. ff you have any questions, you may call the Pennsylvania Ho~sino Finance Aoenc¥ toll free et 1.800 342-2397. (Persons with impaired hearfno can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an altomey 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 VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FIANANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SAL VA SU CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA. '2 Judith G Chiicote November 13, 2000 HOMEOWNER'S NAME (S): Judith G Chilcote PROPERTY ADDRESS: 219 N 26th Street Camp Hill, PA 17011 LOAN ACCT. NO. it: 4386 5422 1059 7586 ORIGINAL LENDER: FIRST UNION BANK CURRENT LENDER/SERVICER: FIRST UNION BANK EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM YOU MAY BE EUG!RI I= FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PA YMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 'ACT'), YOU MAY BE ELIGIBLE FOR EMERENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT 0/= BEING ABLE TO PAY YOUR MORTGAGE PA YMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. · During that time you must arrange and attend a 'face -to- face' meeting with one of the customer credit counseling agencies listed at the end of this Notice. ~ MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPL Y FOR ~,.;,',E~C~._';CY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MOF~ ~ HAGE UP TO DATE THE PART OF THIS NOTICE CAI ~ Fn "HOW TO CURE YOUR MOrTGAGe- DEFAULT". EXPLAINS HOW TO ~RING YOUR MORTGAGE UP TO DATE. CONSU_~__ER CREDIT COUN-eEUNG AGENCIES - If you meet v~th one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and t~e_nhone nu~&e,-s of desionated consumer credit counselin(7 eqencios for the county in which the orcoertv is !oc=__te_a are set forth at the end of this Notice. It is only nece~ary to schedule one face-to-face meeting. Advise your lender ~ of your intentions. .3 4386 5422 1059 7586 November 13, 2000 APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have t#ed 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 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 fact-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 ara very limited. They will be disbursed by the Agency under the eligibility c~erfe established by the Act. The Pennsylvania Housing Finance Agency has six (60) days to make a decision after it receives your application. Durfng that time, no foraciosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORT~.a.G;- DEFAULT (B~fna it un to date.) NATURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your property located at: 219 N 26th Street Camp Hill, PA 1701 ~ IS SERIOUSLY IN DEFAULT because: .4 Judith G Chilcote November 13, 2000 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS forths following months end the following amounts are now past due: $0.50 Other Charges $2895.66 $3609.63 July 2000 Through October 2000 TOTAL AMOUNT PAST YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS Of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2895.66, PLUS ANY MORTGAGE PAYMENT AND LATE CHARGERS WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made r~avshie and sent to: B. You can cure any other default by taken the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DA YS of the date of this Notice, the lender intends to exercise its riehts to acceierete the mortosoe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly instailment= ff full payment of the total amount past due is not made within THIRTY (30) DA YS, the lender also intends to instruct its eitomeys to start legs] action to foreclose UDOn your morteaoed omneriv. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. ff the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee that were actually incurred, up to $50.00. However, if legs] proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.50. o '5 Judith G Chilcote November 13, 2000 Any attomey's fee will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30) DA Y oeriod, you will not be required to oar 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 SALE--If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, you still have the rioht to cure the default and orevent the sale at any time uo to one hour before Sheriffs Sale. You may do so bv oavina the total amount then east due. olus any late or other charees then due. reasonable attorney's fees and cost connected with the (qreclosure safe and any other c~__*t_~ connA~d with the She~fl's Sale as soscifiod in wrltino bv the lender and bv oerformino any other reouirements under the mortosoe- Curfng your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARt_!EST POSSlRI~ SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sherifl"s Sale of the mortgaged properly could be held would be approximately SIX ~(~_J.months from the date of this Notice. A noUce of the actual date of the Sherifl'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: Name of Lender: First Union National Bank PA1327 Consumer Credit Department Address: 123 South Broad Street Philadelphia, PA 19109 Phone Number: 1-800-444-4212 Ext. 3344 Fax Number: 1-215-985-8291 Contact Person: Walter J Hart EFFECT OF SHERIFF'S SALE--You should realize that a Sherifi's Sale will end your ownership of the mortgaged property and your right to occupy lt. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE . You may or_X__ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and altomey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Judith G Chilcote November 13, 2000 YOU MA Y ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. · TO HA VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIG TH 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 I. AWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CON$~t_M__ER Cla~=n!T COUNS~:I ~NG AGENCIES SERVING YOUR COUNTY Waiter J Hart CONSUMER CREDIT DEPARTMENT 1.800-4~?. ~.212 EXT. 3344 WJH/dyp Consumer Credit Counselin(~ Aoency Notification To: Data: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant: Address Telephone Mortgage Loan Number Address of property on which mortgage is in default If different from above. The counseling agency met with the above name applicant on Who have indicated that they are mom than sixty (60 days delinquent on their mortgage payments and have received notification to foreclose from FIRST UNION NATIONAL BANK CONSUMER CREDIT DEPARTMENT PA 1327 123 SOUTH Bt'tOAD STREET PHILADELPHIA. PA 19109 In accordance with the Homeowner's Emergency Morfgage Assistance Program, this is to inform you that: I. If the delinquency cannot be resolved within 30 days forbearance period as provided by law. the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 days forbearance pertod in which we are now in ends on 4. No legal action to enforce the mortgage may occur durfng this forbearance per/nd, unless procedural time limits were not met by the homeowner. PENNSYLVANIA BULLETIN VOl 29. N0.23 JUNE 5, 1999 STATEMENTS OF POLICY Name of Counseling Agency Signer ancJ Title Telephone Number Address · ' '" ." .'. ' .' · ' ' .' ' .": ' '. · ' I Complete items 1.2. and 3. Also complete .... "" ' ...... · I Attaon this card to the back of the mailplece, or on the front If sl3ace peri,its. ' I. Ar~cle Addressed to: · "" ...... ' '~: Darwia G.Chiicote - ' ' 219 N 26th Street · - ~:, ::, ._: Camp Hill, FA 17011 3. 5in,ce Ty~e I Prfnt y~ur n~me Im~ addmm on the rev~ Judith G ChJlcote ... t _. 219 N 26th Seeet "" '" · rq tn~umd MM [] ~ 4. ~e~.d De~.q? ~jma ~e) •y~ P8 Form -:18'/1, July 1999 D=mmm= Remm Receipt __~ SENDER: ImoMshtomesive~efo#ow- '.: [..' ~ 3. ArticJeAddresesclto: 14a. AdicleNumbat~, . ~ ST. Rece~ By': (f;~nt Name) 8. Ad~re,M,'s Address',CO~j~ -- PS Form 38'/~, O~cemher 1994 The undersigned, having read the attached, hereby verifies that the within pleading is based upon information furnished to counsel, which information has been gathered by counsel in the course in this lawsuit. The language of the pleading is thnr of counsel and not of the signer. The signer verifies that she/he has read the within pleading and that it is true and correct to the best of the signer's information and belief. To the extent that the contents of the pleading are that of counsel, the signer has relied upon counsel in t~lrin5 this Verification. I, Palricia Kerrane, hereby verify that I am an Assistant Vice President of First Union National Bank, that I am authorized to make this verification on its behalf and th,t the facts set forth in the within Instalment are Irue and correct to the best of my knowledge, informnfiou and belief and that the same are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. PATRICIA KE NE, Assistant Vice President Re: lhrwin and Judith Chilcote loan No. 4386542210S9'7S86 .% LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney I.D. No. ~890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW V. : .' No. 01-3081 Civil Term DARWIN GIRARD CHILCOTE and : JUDITH J. CHILCOTE : Mortgagors and Real Owners, : Defendants : ACTION OF MORTGAGE FORECLOSURE PRAF_,CIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Please withdraw the Complaint in the above-captioned matter. Resp~tfull]~bmitted, ~ By-: Anthony R. Dis~,~sio, Esquire LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney I.D. No. 46890 1720 Mineral Swing Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7~20 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL Ac.-I'ION - LAW : No. el-- 2oPL DARWIN GIRARD CHILCOTE and : JUDI'rH L CHILCOTE : Mortgagors and P~ai Owners, : Defendants : ACTION OF MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend a~in~t the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by atWrney and by filing in writing with the Court your defenses or objections to the claims set forth against your. You are warned that if you fail to do so the case may proceed with out you and a judgment may be entered a~ain~t you by the Court without fm~ther notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or their rights important 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 HELP. Lawyers Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 1701:3 (717) 249-3166 (800) 990-9108 LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney I.D. No. 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CML ACTION - LAW V. : No. DARWIN GIRARD CHILCOTE and : JUDITH J. CHILCOTE : Mortgagors and Real Owners, : Defendants : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTCzAGE FORECLOSIIRE 1. Plaintiff, First Union National Bank, is a national bank organized under the laws of the United States, with an office located at 123 South Broad Street, 7~ Floor, Philadelphia, Pennsylvania 19109-1029. 2. Defoudants, Darwin Chilcote and Judith Chilcote, mortgagors of the premises hereinafter described, are adult individuals with a last known address of 219 N. 26~ Su'eet, Camp Hill, Pennsylvania 17011. 3. On November 6, 1992, the Defendants made, executed and delivered to CoreStates Hnmilton Bank, a Mortgage upon the premises hereinafter described, which mortgage is recorded in Mortgage Book Volume 1100, Page 298, Cumberland County Records. A true and correct copy of the mortgage is ar~nehed hereto as Exhibit 'A*. 4.First Union Bank is a successor by merger to CoreStates HAmilton Bank. The Mortgage has not been assigned. 6.The premises subject to said Mortgage is described as follows: ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of North 26~ Street 280 feet north of the northeast corner of Logan Street and North 26~ Street also being at the dividing line between Lots Nos. 13 and 14, Section 'C" in the hereinafter mentioned Plan of Lots; thence North 0 degrees 30 minutes East along the eastern lone of North 26~h Street 40 feet to a point at the dividing line between Lots Nos. 15 and 16 on Section "C' on the said Plan; thence South 89 degrees 30 minutes East along same 140 feet to a point on the western line of King Alley; thence South 0 degrees 30 minutes West along same 40 feet to a point at the dividing line between Lots Nos. 13 and 14, Section "C' on said Plan; thence North 89 degrees 30 minutes West along same 140 feet to a point, the place of BEGINNING. BEING Lots Nos. 13, 14, and 15, Section "C' on Plan of Lots laid out by Arthur R. Rupley and Caleb S. Brinton which plan is recorded in the Cumberland County Recorder's Office in Deed Book 21-K, Page 293 on November 2, 1964 granted and conveyed unto the Grantors herein. HAVING thereon erected a two story frame dwelling known and numbered as 219 North 26~ Street. BEING the same premises which James H. Snlmon and Ruth E. Salmon, his wife, by their deed dated October 7, 1964 and recorded in the Cumberland County Recorder's Office in Deed Book 21-K, Page 283 on November 1964 granted and conveyed unto the Grantors herein. 7. The Plaintiff has complied with the provisions of Section 403 of Act No. 6 of 1974, 41 P.S.§ 403 and Section 2 of Act 91 of 1983, 35P.S.~03(c) as evidenced by copies of the notices required thereunder attached hereto, marked as Exhibit "B", mnde a part hereof, and sent to the Defendants on November 13, 2000. 8. Said Mortgage is in default because the required installments of principal and interest due July 20, 2000 and the 20~ day of each month thereafter are due and have not been paid. 9. After demand by Plaintiff, Defendants have failed to pay said installments of principal and interest and has to date failed to cure such default. 10. As per the terms of the Mortgage, upon default and failure to cure such default after notice, the whole of the principal, interest and late charges due thereunder are collectable forthwith. I 1. The following amounts are due on said Mortgage: Principal balance $38,136.00 Interest as of 00/26/01 with a continuing 635.38 interest per diem amount of $10.91 as per the terms of the Mortgage Attorney Fees of 1:5% as per Note :5,81:5.71 (only actual attorney fees not exceeding 1:5% will be colleeted at the time of reinstatement/payoff) TOTAL 12. Plaintiff demands judgment for the amount due and for foreclosure and sale of the mortgaged property. WHEREFORE, Plaintiff, First Union National Bank, demands jud~ne~t against the Defendants for foreclosure and sale of the mortgaged property and in the amount of Forty Four Thousand Five Hundred Eighty Seven Dollars and Thirteen Cents ($44,:587.13) with interest continuing from April 26, 2001 at the Contract per diem amount of $10.91, costs of suit and for any and all other relief as the Court deems appropriate. LINTON, ~TA$10, ADP~& I~UFFMAN, P.C. By: ~mthouy R. D'~tasi~, £sqnire Attorney for Plaintiff I~r~mm to 0~ Fair D~I~ Colle~on Pra~.i~ .~, 1'~ U.$.C. §I~ ~ ~1. {1~77), I>~f~nd~n~,) n~y divine ~ ~lidity of Ih¢ d~l~ or ~ny portion 0~'~of. If D*~nd~(~) do ~o in wri~in~ ~ ~ {$0) ~.y$ of r~il~ of ~ pI~li~, for I~intiff ~11 obtain ~nd pm~id~ I~fi~nd~t(~) ~ ~n~t~n ~ffi'~.ion ~mof; o~i~*, ~h~ d~ ~ill I~ ~nmed ¥~lid by ~. Likcwi~,, if r~q~t~d ~i~hin Ofi~ {~0) d~y~ of m~il~ of ~ pl~di~, Con~l for ~l~inti'"~ will D*fendant(s) name and add. ss of tl~ original creditor if differont from above. .... · : .:,..~;.~,~[ ~.. · .. , .: . :': .... -...,~',,;,~ . . ..... ;- . , ~ ~.;':~:' .¥.- ~ZN GI~ CHZL~TE ~ j~j uv~oer , i992 ( ~ h~r one or mo~ t~ -u ............. CHZLC~ ............. a , m~ s~[~lly'~ ~ ~ly ~S~ ..- di,~ Noveubsr 6. ~ 9~~L~m ~, ~LVZN; C~ · · a~ ca~ thb ~ a~.- ~'~'~' a~ with any ~ ~hlS wh~h~ ~"~ '~ ~ m ~ ~ I~ ~ ~ ~b ~ ~b ~ ~ .... ~ ' any ~lon ~ ~Bun that ma~da~l~-~'u ...... ~ m ~ ~ I~ ~ u ,h~-- Any amounts s~t ~ ~'~u'~"~l~ m~'S ~ I~ m~ Whl~ ~'b ~~ ~ m ~' ~.~ 4~ ~ will ~dX b ~,~ and ~her ~-- ~ -.,, ~t~r a s~a~a~ ~1 ~' i · ~ WrllMfl ~fll ~ MMI~ h ~lal~-~-~~ ~m I~ ~W W I~ ' aut~it~wful ~ ~ will ~ ~ t~ ~f in a ~ t~t ~ - -- ~Y~n[ u~er I~ A~n[ rc~--'~_~in~J~n~l~n~m"--~'-- ~n(a) ~.,~ ' ~meqt and thb ~-~f~lk ~ ~ im~n.~ ~ dl ~ ...... · '~" ' ,.'J '. _... D~Z. C~ c,-~-- (~) ~~~;'~'.~"~,.;, ~ ..-~.~.~ t ,~'~ ....... ~ ~x~. "'~"' '~ :.,.,..-"~j~m[ :.,~~. · ......... ~.~. ................. : ................ l~o~ ~ · . ~ ~' MORTGAGE  .~ · .... ~~~...... ............. ...'. I BI[ ~]~[ l~[E ~ I ~I I i .... II I l: I I I Consumer Credit Depar~ent PO Box 7558 ' Pl~adelphia, PA 19101-7558 800 444.-4212 November f3, 2000 Darwin G Chilcote 219 N 28th Street ,Camp Hill, PA 17011 4388 5422 1059 7586 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort~Taae on your home is in default, and the lender intends to foreclose. S~ecific information about the nature of the default is provided in th attached uaqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be eb!e tn helo to save your home. This Notice exolains how the preqram work; To see if HEMAP can helo. you must MEET WITH A CONSUMER CREDIT COUNSELINR AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with when you meet ~th the Counselinq Aqency. The name. address and phone number of Consumer Credit Counselinq Aqencies sen4nn your County are listed at the end of this Notice. If you have any questions, you may call thc Pennsylvania Housinq Finance Aqency toll free at 1-800 342-2397. (Persons with imoairerl headne can call (717~ 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FIANANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SAL VA SU CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA. '2 Darwin G Chilcote November f3. 2000 - HOMEOVVNER'S NAME (S): Darwin G Chilcote PROPERTY ADDRESS: 219 N 26th Street Camp Hill. PA 17011 LOAN ACCT. NO.#: 4386 5422 1059 7586 ORIGINAL LENDER: FIRST UNION BANK CURRENT LENDER/SERVICER: FIRST UNION BANK EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE H/HICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGA~ PA YMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 'ACT"). YOU MAY BE ELIGIBLE FOR EMERENCY 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 PA YMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNS YL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act. you ere entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Du~ng that time you must arrange and attend e 'face -to- face' meeting with one of the customer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF Y~)U DO NOT APPL Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTHAGE UP TO DATE THE PART OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT'. E~PLAINS HOW TO BRING YOUR MORTGAGE UP TO DA T;_ CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thiriy (30) days after the date of this meeting. The names, addresses and teleohone numbers of desicnated consumer credit counselino aoencies for the county in which the orooertv 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. '3 4386 5422 1059 7586 November 13, 2000 APPUCA TION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have t#ed and are unable to resolve this problem with the lender, you have the dght 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 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 thirly (30) days of your fact-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 LE'I-I'ER, FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIA TEL Y 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 cr/ter/a established by the Act. The Pennsylvania Housing Finance Agency has six (60) days to make a decision after it receives your application. Dudng that time, no foreclosure proceeding 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 FLUNG OF A PETITION IN BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brfna it un to date.) NATURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your properb/ located at: 219 N 26th Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: '4 Darwin G Chiicote November 13, 2000. A. YOU HA VE NOT MADE MONTHLY MORTGAGE PA YMENTS forthe following months end the following amounts are now past due: Other Charges $2895.66 $3609.63 July 2000 Through October 2000 TOTAL AMOUNT PAST YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT- You may cure the default wfthin THIRTY (30) DAYS Of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2895.66, PLUS ANY MORTGAGE PA YMENT AND LA TE CHARGERS WHICH BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Payments must be made either bv cash. cashier's check, certified check or money order made eevable and sent to: B. You can cure any other default by taken the following action within THIRTY (30) DAYS of the date of this iettec (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DA YS of the date of this Notice, the lender intends to exercise its riahta to accelerate the mortoaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installment& ff full payment of the total amount past due is not made within THIRTY (30) DA YS, the lender also intends to instruct its attorneys to start legal action to foreclose ueon your mortaaaed Drgberiy. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged pmper~y will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee 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. '5 Darwin G Chllcote November 13, 2000 Any attorney's fee will be added to the amount you owe the lender, which may also include other reasonable costa, ff you cure the default within the THIRTY (30) DA Y oedod, you will not be reouired to nay 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 SALE---If you have not cured the default within the THIRTY (30) DA Y pedod and foreclosure proceedings have begun, you still have the right to cure the default and orevent the sale at any time uo to one hour before Sheriff's Sale. You may do so bv oavino the total amount then oast due. olus any late or other chames then due. reasonable attorney's fees and cost connected with the foreclosure sale and any other costa connected with the Sheriff's Sale as specified in writinq bv the lender and bv nertbrrnino any other rsauirements under the mortaaoe. 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. EARUEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX (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 walt. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: First Union National Bank PA1327 Consumer Credit Department Address: 123 South Broad Street Philadelphia, PA 19109 Phone Number: 1-800.444-4212 Ext. 3344 Fax Number:, 1-215-985-8291 Contact Person: Walter J Hart EFFECT OF SHERIFF'S SALE---You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or_X__ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. '6 Darwfn G Chilcote November 13, 2000 YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. · TO HA VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TOHAVETHEMORTGAGERESTOREDTOTHESMEPOSITIONASIFNO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGTH 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 ASSERTANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSEUNG AGENCIES SERVING YOUR COUNTY Welter J Hart CONSUMER CREDIT DEPARTMENT 1-800-444.4212 EXT. 3344 WJH/dyp Consumer Credit Counselina Aaencv Notification To: Date: Name of Mortgagee: Address: In eocm'dance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance Name of Applicant: Address Telephone Mortgage Loan Number Address of property on which mortgage is in default ff different from above. The counseling agency met with the above name applicant on , Who have indicated that they are more than sixty (60 days delinquent on their mortgage payments and have received notification to foreclose from FIRST UNION NATIONAL BANK CONSUMER CREDIT DEPARTMENT PA 1327 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot l~e resolved w~thin 30 days forbearance period es provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 days forbearance period in which we are now in ends on 4. No legal action to enfome the mortgage may occur dutfng this forbearance period, unless procaclurel time limits were not met by the homeowner. PENNSYLVANIA BULLETIN VOl- 29. N0.23 JUNE 5, 1999 STATEMENTS OF POLICY Name of Counseling Agency Signer ancl Title Telephone Number Address -' ......... · . , . '." ', ~ SENDER: la]$owlshtoreceivethafoflow- · lng services (for an exlra fee): ' ".'.'.' ow.~a .~m ~ ~. ~ ~ mal~,. ~,.~ .,~. r,.mbar. ~ ~'- 4b. Sew~e ~e 7. Oa~Oelive~ ~ ~ ~' ~_~ =~ ' =~~/ ,~ ~-. ~.. - PSFo~361~D~l~ ,; .. ~=~ ~,~;c~mR~ I Cor{sumer Credit Dep~men~ PO Box 7558 ' Philade. lphis, PA 19101-7558 800 444-4212 November 13, 2000 Judith G Chilcote 219 N 26th Street Camp Hill, PA 17011 4386 542.2 1059 7586 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe on your home is in default, and the lender ir~tends to foreclose. Soecific information about the nature of the default is provided in the The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the om(mm works. To see if HEMAP can helo, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this No;ice with you when you meet with th¢ Counselino Auencv. The name, address and ohone number of Consumer Credit Counselinq Aoencies servino your County are listed at the end of this Notice. If you have any ouestions, you may call Ihe Pennsylvania Housino Finance Aqency tell free at 1-800 342-2397. (Persons with imoa;~, heprinq can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an altomey 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 VlVlENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FIANANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SAL VA SU CASA DE LA PERDIDA DE DERECHO A REDIMIR SU HIPOTECA. '2 Judith G Chilcote November '/3, 2000 HOMEOWNER'S NAME (S): Judith G Chilcote PROPERTY ADDRESS: 219 N 26th Street Camp Hill, PA 170fl LOAN ACCT. NO.#: 4386 5422 1059 7586 ORIGINAL LENDER: FIRST UNION BANK CURRENT LENDER/SERVICER: FIRST UNION BANK EMERGENCY MORTGAGE ASSISTANCE HOMEOWNER'S PROMGRAM YOU MA Y BE ELIGml ~= FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MOH i GAGE PA YMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 'ACT'), YOU MA Y BE EUGIBLE FOR EMERENCY 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 PA YMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thi~y (30) days from the date of this Notice. · Du,ng th,t,me you must ara.ge and, ,d a customer credit counseling agencies listed at the end of this Notice. ~ MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR Ef,'E,,',','~ENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MOH i HAGE UP TO DA TE THE PART OF THIS NOTICE CA; I ~=r~ "HOW TO CURE YOUR MOHTGAGE ~)EFAULT'. EXPLAINS HOW TO BRING YOUR MOHTGAGE UP TO DATE. CON~_t tM;=R CR~=DiT COUN$;LING AGENCIES - If you meet with one of the consumer ~d'it-~-~'~;~elin~-agenoies }i~t-ecl et the end of this notice, the lander may NOT take action against you for thirb/ (30) days after the date of this meeting. The names, addresses and teleohone numbers of des;u~&;ed consumer credit ceunselincl aoencies for the county in wh~'~ the erooe,'tv is located are set forth at the end of this Nu;ice. It is only nece~_._-X Io schedule one face-to-face meeting. Advise your lender ~ of your intentions. .3 4386 5422 1059 7586 November 13, 2000 APPLICATION FOR MORTGAGE ASSISTANCE~Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have trfed end are unable to resolve this problem with the lender, you have the rfght to apply for financial assistance from the Homeowners 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 end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting · complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-faca 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 crtterfe established by the Act. The Pennsylvania Housing Finance Agency has six (60) days to make e decision after it receives your application. Du#ng that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BLANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Btfnq it un to date.) NATURE OF THE DEFAULT: - The MORTGAGE debt held by the above lender on your prepetty located at: 219 N 26th Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: .4 Judith G Chilcote November f 3, 2000 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $0.00 Other Cheques _e2895.66 $360_~.67 July 2000 Through October 2000 TOTAL AMOUNT PAST YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS ~ the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2895.66, PLUS ANY MORTGAGE PAYMENT AND LATE CHARGERS WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bY cesh. ceshie~s check, certified check or money order made Davable and sent to: B. You can cure any other default by taken the following action within THIRTY (30) DA YS of the date of this lettec (Do not use ff not applicable.) WA IF YOU DO NOT CURE THE DEFAUL T--ff you do not cure the default within THIRTY (30) DA YS of the date of this Notice, the lender intends to exercise its riqhta to accelerate the mortaaoe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installment~ If full payment of the total amount past due is not mede within THIRTY (30) DA YS, the lender also intends to instruct its attorneys to start legal action to foreclose uonn your mortaaaed omeeriv. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. if the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee 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 lander even if they exceed $50.00. '5 Judith G Chilcote November 13, 2000 Any attorney's fee will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30~ DA Y oedod, you will not be reouired to oav 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 SALE--If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun. ypu still have the riqht to cure the default and orevent the sale at any time uo to one hour before Sherift's Sale. You may do so by oavino the total amount then hast due. elus any late or other charoes then due. re_ ~able attomev's fees and cost connected with the forec!o~re sale and any other ~t., connected with the Sheriff'S Sale as snecifted in vaftinq by the lender and bv osrformina any other reouirements under the mortoaoe. . Curing your default In the manner set forth in this notice will restore your mo~gage to the same posi#on as if you had never defaulted. EARLIEST POS$1RL; SHERIFF'S SALE DA TE---lt is estimated that the earliest date that such a Sheriffs Sale of the rnorlgeged properly could be held would be approximately SIX (6) months from the date of this Notice. A notice of the actual date of the Sherlfi's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you walt. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: First Union National Bank PA1327 Consumer Credit Department Address: 123 South Broad Street Philadelphia, PA 19109 Phone Number:. 1.800-444-4212 Ext. 3344 Fax Number:. 1-215-985-8291 Contact Pereon: Walter J Hart EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy lt. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or_X~ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the moEgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Judith G Chilcote November 13, 2000 YOU MAYALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBIT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA VE THIS RIGTH 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 ASSERTANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACT/ON BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSf_~_~__ER CREDIT CO[IN-e-EL~NG AGENCIES SERVING YOUR COUNTY Waiter J Hart CONSUMER CREDIT DEPARTMENT 1-800-444-4212 EXT. 3344 WJl. Vdyp Consumer Credit Counselinq Aqsncy Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by.: Name of Applicant: Address Telephone Mortgage Loan Number Address of properP/ on which mortgage is in default If different from above. The counseling agency met with the above name applicant on , Who have indicated that they are more than sixty (60 days delinquent on their mortgage payments and have received notification to foreclose from FIRST UNION NATIONAL BANK CONSUMER CREDIT DEPARTMENT PA 1327 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 In accordance with the Homeowner's Emergency Mortgage Assistance Program. this is to inform you that: I. If the delinquency cannot be resolved within 30 days forbearance period as provided by law. the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice. we are notifying all other mortgagees. ~[ any. which the applicant has indicated as also having s mortgage on the property identi~ed above. 3. It is our understanding that the 30 days forbearance period in which we are now in ends on 4. No legal action fo enforce the mortgage may occur durfng this forbearance period, unless procedural time limits were not mot by the homeowner. PENNSYLVANIA BULLETIN VOl_ 29. N0.23 JUNE 5, 1999 STATEMENTS OF POLICY Name of Counseling Agency Signer anti Telephone Number Address · '. :' .' · :' · .''" '...' ' a Complete items1 2 and 3. AJsocompMte ,. .... .,....... ,...: . . - . :.: -~4em4ifRestncted DehvMylsdesirecl. , .".,"...:.-,'~... "~-' '?.,' :-', "~ · ~rint your name and address on the mverae ~'...... · ..... ".-.'.-.-... '.. · 'V... so that wa can mtum ~m ca~l to you. .' ' '".", . * . "'. * ." ' * ·At+achth~s~tothebackofthemaill~ece, or on ~m front If space pemdts. Darwin O.Chilcot~ - 219 N 26th Street . '. -. Camp 'Frill, PA 17011 % O Inml~l Mli[ [] C.O.D. ' ' · ':~,' · P~ Form 3011, July 1999 Demmk= Re~n R~Mpt . · I Affach th~a crud to t~e bac~ of t~e mallpfece, ·" .' o~ on ~e from If space pam~ts. Judith O Chilcote 219 N 26th Street ..-...~:. Camp R'fl!, PA 17011 ; Wil~=J~--~/~////////~. __ ._.~ _. o C,mbd M,d 0 UOu. M~ ';'" .. ~ ...... P~ ~ 3811, du~ ~ ~ ~ ~m .... ~ i . ~" ~ ~~ 4b.~eT~ ~ 7. Dam of DOI~ ~ ' u Ps Fo~ 3811, D&~ber 1994 lmS~S~3 D~fic R~rn R~m~ " The undersigned, having read the attached, hereby verifies that the within pleading is based upon information furnished to counsel, which information has been gathered by counsel in the course in this lawsuit. The language of the pleading is that of counsel and not of the signer. The signer verifies that she/he has read the within pleading and that it is true and correct to the best of the signer's infonnatinn and belief. To the extent that the contents of the pleading are that of counsel, the signer has relied upon counsel in taking this Verification. I, Patricia Kerrane, hereby verify that I am an Assistant Vice President of First Union National Bank, that I am authorized to make this verification on its behalf and thnt the facts set forth in the within Instrument are tree and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa.C.S.A. {4904 relating to unsworn falsification to authorities. Date: ~~"~,~-~ Assistant Vice President PATRICIA KEP, I~NE, Re: Darwin and Judith Chilcote Loan No. 4~6.~42210~9758~