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HomeMy WebLinkAbout02-1578IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW Adams County National Bank, Successor By Merger To Farmers National Bank, Plaintiff VS. Howard F. Gibbs and Linda L. Gibbs, Defendants Action in Mortgage Foreclosure To: Howard F. Gibbs and Linda L. Gibbs, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVEA LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 717-249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defendersee de las quejas expuestas en las p~iginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o pot abogado y presentar en la Corte pot escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n pot cualquier dinero reclamado en al demanda o pot cualquier otra queja o compensaci6n reclamados pot el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVER1GUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 Telephone Number: 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Successor By Merger To Farmers National Bank, Plaintiff VS. Howard F. Gibbs and Linda L. Gibbs, Defendants No. -/x'?? Action in Mortgage Foreclosure COMPLAINT AND NOW, this ~{~ day of /4~s~[~ ,2002, comes the Plaintiff, Adams County National Bank, successor by merger to Farmers National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against Howard F. Gibbs and Linda L. Gibbs, Defendants, whereof the following is a statement: 1. The Plaintiff is Adams County National Bank, successor by merger to Farmers National Bank, Mortgagee, a national banking corporation organized and existing under the laws of Congress relating to national banks, with its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325. 2. Defendant, Howard F. Gibbs, is an adult individual who resides at 99 Topview Road, Carlisle, Pennsylvania 17013. 3. Defendant, Linda L. Gibbs, is an adult individual who resides at 99 Topview Road, Carlisle, Pennsylvania 17013. 4. Defendants are not in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 5. On February 3, 1992, Defendants executed and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1045 at page 1053, a copy of said mortgage being attached hereto and marked as Exhibit "A." 6. Said mortgage has not been assigned. 7. The real estate is described as follows: ALL that certain tract of mountain land, with improvements, situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a black oak at comer between lands formerly of Ulrich and John Bear, now or formerly of Gayman; thence by the latter South 1-½ degrees West sixty-five perches to stones; thence by lands now or formerly of Samuel A. Shambaugh, et ux, North seventy-four degrees West thirty-two perches to a point; thence by lands now or formerly of Markley, North ten degrees East seventy-one and five-tenth perches to a point; thence along lands now or formerly of Miller, South fifty-six degrees East twenty perches to the place of BEGINNING. CONTAINING eleven acres and thirty perches strict measure. BEING the same premises conveyed by deed of G. Clair Phillips, Jr., et al, dated January 18, 1992 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, to Howard F. Gibbs and Linda L. Gibbs, his wife, mortgagors herein, at Book M35, page 957. Which has the address of 99 Topview Road, Carlisle, PA 17013. 8. The said mortgage is in default in that the payment of principal and interest, which has become due and payable on October 3, 2001, and on the third day of each month, has not been made, and by the terms of said mortgage, the whole of the said mortgage debt and interest shall become due and payable forthwith. 9. The present owners of the real estate are the Defendants. 10. The amount due the mortgagee on the mortgage is computed as follows: (a) Balance of principal (b) Interest from 10/03/01 to 03/14/02 (c) Late charges (d) Attorney's commissions TOTAL $60,548.82 $ 2,458.03 $ 28.5O $ 3,151.77 $66,187.12 11. In accordance with provisions of Act 91 of 1983 and Act 6 of 1974, as amended, Plaintiff has sent to Defendants Notices of Homeowners' Emergency Mortgage Assistance and Notices of Intention to Foreclose prior to the commencement of the within proceedings. Copies of said Notices and mailing receipts are attached hereto and marked Exhibits "B" and "E," respectively. WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of $66,187.12, plus interest from March 15, 2002, at a per diem of $15.76, and any additional late charges and costs of suit. Respectfully submitted: PUHL, EASTMAN & THRASHER By: Ro~ss H~i~re Attorney ID Number 77071 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 STATE OF PENNSYLVANIA, COUNTY OF ADAMS John W. Krichten, being duly sworn according to law, does depose and say that he is the Senior Vice President of Adams County National Bank, and that the facts set forth in the foregoing complaint are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed be/ore me this o~t~ day of .ff]a rE h , 2002. Notary Public My commission expires: RECORDED-OFFICE OF THE REOORDE~ OF OEEDS MORTGAGE CUmbERLAND COUNTY-PA. THIS MORTGAGE is made this 3rd day of ~~ ~5, between the MORTGAGOR, HOWARD F. GIBBS a~INDA L. GIBBS, his wife (herein "Borrower"), and the Mortgagee, FARMERS NATIONAL BANK, 1 West Big Spring Avenue, Newville, Pennsylvania, 17241, (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of Eighty Thousand and 00/100 ($80,000.00) Dollars, which indebtedness is evidenced by Borrower's note dated February 3, 1992 (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on .Februar~ 3, 2017 ; TO' SECURE TO LENDER (a) the repayment of the indebtedness evidenced by the Note, with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage, and the performance of the covenants and agreements of BOrrower herein contained, and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant hereto (herein "Future Advances"), Borrower does hereby mortgage, grant and convey to Lende'r the following described property locaied in the County of Cumberland State of Pennsylvania: ' ALL that certain tract of mountain land, with improvements, situate in Lower Frank- ford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a black oak at corner between lands formerly of Ulrich and 3ohn Bear, now or formerly of Gayman; thence by the latter South 1½ degrees West sixty-five perches to stones; thence by lands now or formerly of Samuel A. Shambaugh, et ux, North seventy-four degrees West thirty-two perches to a point; thence by lands now or formerly of Markley, North ten degrees East seventy-one and five-tenth perches to a point; thence along lands now or formerly of Miller, South fifty-six degrees East twenty perches to the place of BEGINNING. Containing eleven acres and thirty perches strict measure. BEING the same premises conveyed by deed of G. Clair Phillips, Jr., et al, dated January 18, 1992 and intended to be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, to Howard F. Gibbs and Linda L. Gibbs his wife, mortgagors herein. ' which has the address of 99 Topview Road Car]isle (Street) (City) PA 17013 (herein "Property Address"); (State and Zip Code) 1045 ACE 1053 EXHIBIT A Page I of 7 TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Nortgage; and all of the foregoing, together with said property are herein referred to as the "Property". Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, that the Propert~ is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property, or any certificate of title certifying Lender's interest in the Property. TO HAVE AND TOHOLD the same unto and for the use of Lender, its successors and assigns, forever. PROVIDED, however, that if the said Borrower shall pay and perform, according to the conditions hereof and said Note, everything to be paid and performed as aforesaid, then the estate hereby conveyed and granted shell become null and void. BORROWER AND LENDER covenant and agree as follows: ADDITIONAL ADVANCES. The Mortgage and the lien thereof shall be security not only for the original indebtedness evidenced by the accompanying Note, but also for any other sums that may be loaned or advanced by Lender to the Borrower at any time or times hereafter. PAYMENT OF TAXES, INSURANCE PREMIUMS AND OTHER CHARGES. From time to time, until the debt and interest are fully paid, Borrower shall pay and discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water rents, and all other charges and claims assessed or levied by any lawful 'authority upon any part of the Property; pay all ground rents reserved from the Property and pay and discharge all mechanics' liens which may be filed against said Property and which shall or might have priority in lien or payment to the debt secured hereby; provide, renew and keep alive such policies of hazard and liability insurance as Lender may from time to time require upon the buildings and improvements now or hereafter erected upon the Property, with loss payable clauses in favor of Lender as its interest may appear. The insurance carrier providing the insurance shall be'chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. A~i premiums on insurance policies shall be paid by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and'shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and 2 EXHIBIT A Page 2 of 7 renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the ihsurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments hereof or change the amount of such installments. If the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior 'to such sale or acquisition. MAINTENANCE OF MORTGAGED PROPERTY. Borrower shall maintain all buildings and improvements subject to this Mortgage in good and substantial repair as determined by Lender. Lender shall have the right to enter upon the mortgaged. premises at any reasonable hour for the purpose of inspecting the order, condition and repair of the building or buildings erected thereon. NONPAYMENT OF TAXES, INSURANCE, OTHER CHARGES, AND COST OF REPAIRS. In the event Borrower neglects or refuses to pay the taxes, insurance premiums or other charges above mentioned, within 30 days after the same become due and payable, or fails to maintain the buildings and improvements as aforesaid, then the Lender may, at ls option but without any obligation to do so, advance the sums required and add any amounts so advanced to the principal debt secured hereby, and collect the same as a part of the principal debt. Any amounts disbursed by Lender pursuant hereto, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained herein shall require Lender to incur any expense or take any action hereunder. TRANSFER OR ENCUMBRANCE OF MORTGAGED PROPERTY. Borrower agrees not co Page 3 of 7 transfer legal or equitable title to the mortgaged Property unless the Lender 'consents in writing to such transfer. ^ transfer to the survivor or devisees or heirs of the Borrower in the event of the Borrower's death shall not come within the prohibition of the foregoing sentence.~ Borrower also covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged Property, any debt, lien or charge which would be prior to, or on a parity with, the lien of this Mortgage. PROHIBITION AGAINST TRANSFER OF TITLE TO MORTGAGE PROPERTY CONTAINED HEREIN SHALL BE APPLICABLE TO THE TRANSFER OF EQUITABLE AS WELL AS LEGAL TITLE WHETHER BY DEED, ARTICLES OF AGREEMENT, CONTRACT FOR DEED, OPTION.OR OTHERWISE EXCEPT FOR SUCH AGREEMENTS OF SALE FOR PURPOSES OF CONVEYING LEGAL TITLE WITHIN lEO DAYS OF EXECUTION OF SUCH AGREEMENT OF SALE. UPON ANY TRANSFER INVIOLATION OF THIS PROVISION, LENDER SHALL HAVE THE OPTION OF ACCELERATING THE MATURITY OF THE ENTIRE UNPAID BALANCE OF INDEBTEDNESS. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equsl to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments hereof or change the amount of such installments. R~MOVAL OR ALTERATION OF IMPROVEMENTS. Borrower agrees not to remove, demolish or make any substantial alterations to any improvements now or hereafter on the mortgaged Property unless Lender consents in writing thereto. BORROWER NOT RELEASED. Extension of the time for payment or modification of amor.tization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's. successors in interest. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in exercising any. right or remedy hereunder, or otherwise afforded by applicable 4 EXI-II'BIT A Page 4 of 7 law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. REMEDIES CUMULATIVE. Ail remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. NOTICE. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. PURCHASE MONEY MORTGAGE. If all or part of the sums secured by this Mortgage are lent to Borrower to acquire title to the Property, this Mortgage is hereby declared to be a purchase money mortgage. BORROWERS hereby certify that there are no divorce proceedings in any Jurisdiction affecting the ability of either of them to enter into this mortgage. GOVERNING LAW. This mor:'gage shall be governed by the law of Pennsylvania (except as superseded by Federal Law or Regulation). The terms of this Mortgage and the Note are hereby declared to be severable and the invalidity of any such provision shall not invalidate the remaining provisions. ASSIGNMENT OF RENTS. Borrower assigns and transfers unto Lender any and all rents from the mortgaged Property, and authorizes the Lender, at any time there is a default under the Mortgage or accompanying Note, to take possession of, rent, repair and operate said premises and, after deducting all costs of collection, operation, repairs and administration, to apply the balance of the rents received on account of the obligation of the Borrower, Lender shall have full power to lease or renew leases 9pon such terms and conditions as to Lender may seem proper or desirable. ACCELERATION OF MATURITY AND FORECLOSURE PROCEEDINGS UPON DEFAULT. In case default be made by the.Borrower in the payment of any installment of principal, interest or other sums payable under the terms of this Mortgage or the accompanying Note, or in the event of a breach by the Borrower of any of the other obligations, covenants, conditions and agreements set forth in this Mortgage or in the accompanying Note, which said default or breach shall continue for more than thirty (30) days, then and in such case the entire unpaid balance of the indebtedness, including advances and all other sums paid by the Lender in accordance with the terms of this Mortgage or 'the accompanying Note, .together with unpaid interest thereon, shall, at the option of the Lender, and without notice, (except as may be required by then applicable law), become immediately due and payable, and foreclosure proceedings may be brought 1045 EXHIBIT A Page 5 of 7 forthwith on the Mortgage or legal action may be commenced on the accompanying Note and prosecuted to Judgment, execution and sale for the collect, ton of the same, together with costs of suit and an attorney's commission for collection of ten per centum of ~he total indebtedness or two hundred fifty dollars, whichever is the larger amount. Borrower hereby forever waives and releases all errors in Said proceedings, waives stay of execution, the right of inquisition, and extension of time of payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. SUCCESSOR INTERESTS. The obligations, covenants, conditions and agreements conCained in this Mortgage and the accompanying Note shall be binding upon, and the heneflts thereof shall inure Co, the respective parties hereto and their respective personal representatives, heirs, successors and assigns. PARAGRAPH HEADINGS. Paragraph headings tn this instrument are for convenient reference only, and it is agreed that they shall not be deemed controlling in the interpretation hereof. PROVIDED, HOWEVER, that if the Borrower shall pay all of the aforesaid indebtedness, interest and other amounts which may be owing hereunder or under the accompanying Note, and shall fully perform all the covenants, conditions and agreements set forth or incorporated herein and in said Note, then this Mortgage shall he void and released at the expense of the Borrower, and the estate hereby granted and conveyed shall be void. WITNESS the due execution hereof the day and year fi-t~t,dlbove written. SIGNED, SEALED AND DELIVERED ~ ',~~ (SEAL) Howard F. Gibbs ' ' IN THE PRESENCE OF: (SEAL) (SEAL) (SEAL) 6 EXHIBIT A Page 6 of 7 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF (ll]~]]~l~X : On this, the 3rd day of February , A.D. 1992 , before me the undersisned officer, personally appeared satisfactorily proven to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained. IN WITNESS ~EREOF, I hereunto set 'my hand and official seal. ~;.%~: ~,L / LUANN S. FRI~ ~,~ Public ; ,'~e~'~"-'~} lMy~mmis~onExpresF~r[a~5 1~51 Title of Officer : ~-~ *: ~ F "~ ~ ...... "" (SEAL) CERTIFICATE OR RESIDENCE I certify that the precise place of business and complete post office address .of Mortgagee is 1 West Big Spring Avenue, Newville, Penna. 17241. County of Cumberlandj' SS Recorded in the office for the recording of De~s etc. m and for Cumber~nd Coun~,.Pa. ,witness my handed seal of office~ _, Carlisle, PAthis ~ dayof ~ 19~ 7 EXHIBIT A 1045 1058 Page 7 of 7 Date: January 3, 2002 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the ]enrler intend~ to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 311 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Couuselin:,, Agency. The name~ address and phone number of Consumer Credit Counseling Agencies serving your County are linted at the end of this Notice. If you have any questions, you may call the Pennsylvania Houaing Financ, e Agency toll free at 1-800-342-2397. (Persons with impaired hearing can ear (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 UiNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRH~A. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Howard F. Gibbs PROPTERY ADDRESS: 99 Top View Drive~ Carlisle~ PA 17013 LOAN ACCOUNT NO.: 7455046 ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Farmers National Bank of Newville HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOM~. FROM FORECLOSURE AND ~:l .P YOU MAKI~. FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, " IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY ~ PENNSYLVANIA HOUSING FINANCE AGENCY. EXHIBIT B 'TEMPORARY STAY OF FORECLOSU'RF. - Under th~ Act, ybu are entitled to a temporary stay of forecloshre on 3;our mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face' meeting with one of the consumer credit eouuseling agencies listed at the end of this Notice· TI-IIS MEETING MUST OCCUR~ TI~ NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGA~._~?.E ASSIS.T~A.N.~C_E __Y_OU MUST BRING YOUR MORTGAGE UP TO DATE. ThE WoW CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. -- CONSUMER CREDIT COUNSELING AGENCIE,~ - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names~ addresses and telephone numbers of desi?at_ed consumer credit counseling agencies for the county in which the pfo~er~ i:; located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMFrLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETrF_,R, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELy AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your proper~ located at: 99 Top View Drive, Carlisle~ Lower Frsnl~ford Township, Cumberland County, PA IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: A partial monthly payment of $349.48 due for October and the monthly payments of $698.96 due for November, December 2001 and January 2002, plus past due charges of $14.90 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $2,461.26 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default &ithin THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LE1;qDER, WHICH IS $ 2~461.26. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order matq~, payable and sent to: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Gettysburg~ PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right~ to accelerate the mortgage debL This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF TtiE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SI-W. RIFF'S SAI.F~ - If you have not cured the default within the THRITY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total mount then past dues plus any late or other charges the. due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sh~llfFs Scl;, as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Farmers National Bank of Newviile One Big Spring Avenue Phone Number: Fax Number: Contact Person: Newville~ PA 17241 (717) 776-5312 (717) 776-4855 James E. Showvaker EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · .T~ SEh~ THE PROPERTY TO OBTAIN MONEY TO PAY OFF 'THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONS~ CREDIT COUNSELING AGENC/ES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Financial Counseling Services of Franklin 31 West 3~ Street Waynesboro, PA 17268 (717) 762-3285 ADAMS COUNTY Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 5414670 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 YORK COUNTY Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 5414670 Consumer Credit Counseling Service of Western PA 970 South George Street York, PA 17403 (717) 8464176 CUlVIBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 *Copies also mailed first class 31 West 3r'~ Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 Howard F, Gibbs (Er~iorsement Required) (Endorsement Required) Total Potage & Fees .34 2.10 1.50 $ 3.94 ·Cornplete items 1,2, and 3. Also complete i~m 4 if Restricted Delivery is desired. · I~lnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ae~lcle Addressed to: ltoward F. Gibbs 99 Top View Drive Carlisle, PA ]70]3 [] Addme~e D. Isdelivery tffomiteml? []Yes If YES, e~ter dellv~y address below: [] No 3. Service Type [1 Certified Mall [] Express Mail I [] R.,.,ata.,,~ dI ~u~n ,~.~pt ~ ~c~,~, i ~ Insured Mail [] C.O.D. __ __ I4. Restricted Deliver/? (Extra Fee) [] Yes 2. A~ic!e Number (Copy from service label) 7099 3400 0001 4863 7403 PS Form 3811, July 1999 102595-994~-17es EXHIBIT C Date: January, 3, 2002 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in deCa,,1L and the lender int~.n.ds to foreclose. Specific inform,rio. about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseliny, Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Coun .ty are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling agency may be able to help explain it. You may also want to contact an attorney 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 IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL 'NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA liN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIFOTECA. HOMEOWNER'S NAME(S): Linda L. Gibbs PROPTERY ADDRESS: 99 Top View Driv% Carlisle~ PA 17013 LOAN ACCOUNT NO.: 7455046 ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Farmers National Bank of Newviile HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAIVl YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HO1W~. FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EME. RGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. EXHIBIT D .TEMPO~,ARy STAY OF FORECLOSUR~ - Under th~ Act, you are entitled to a temporary stay of foreclosure on 3'our mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN ~ NEXT (30) DAYS. IF YOU D© NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCII~.~ - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone nnmh~rs of desi.ffnat~rl consumer credit counseling agencies for the county in which the p~o~,erty i., located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and ftc a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Permsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TI-IE OTHER TIME PER/ODS SET FORTH IN THIS LETI~ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance .Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 99 To..T~g_View Drive Carlisle Lower Frankford Township, Cumberland County, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: A partial monthly payment of $349.48 due for October and the monthly payments of $698.96 due for November, December 2001 and J'anua.,T 2002, plus past due charges of $14.90 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $2,461.26 B. 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 of the date of this notice BY PA,Y[NG ~ TOTAL AMOUNT PAST DUE TO TI{E LENDER, 'WHICH IS $ 2,461.26. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ' ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Get.tysburg, PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) . IF YOU DO NOT CURE THlg DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortga~oe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF TIlE 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, yo..u will still be required to pay the reasonable attorney's fees that were ac~ally incurred, up to $50.00. However, if legal proceeumgs are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you Cure the default within the THRTY (30) DAY period~ you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO ~RI-I1Z. RIFF,S S.AI.F. - If you have not cured the default within the THRITY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by 0aying the total amount then past due~ plus an late or Other char es the, due, reasonable attorney's fees and costs connected with the foreclosure sale and any oth oats eonrl~.~Yt~,d utlth th, o~-- .~,~ . , l . er c ................. ~,. onerlli $ as specified in writing by the lender and by performin? any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE sI-rERIFF,S SALE DATE, - It is estimated that the earliest date that such a SherifFs Sale of the mortgaged property could be held would be approximately. 3 months from the date of this Notice. A notice of the actual date of the SherifFs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Farmers National Bank of Newville One Big Spriag Avenue Phone Number: Fax Number: Contact Person: Newvill% PA 17241 (717) 776-5312 (717) 776-4855 James E. Showvaker EFFECT OF SHERIFF'S SALF, - You should realize that a SherifFs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the SherifFs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE TH~ RIGHT: · . 'i~O SELL THE PROPERTY TO OBTAIN MONEY TO P)kY OFF THE MORTGAGE DEBT OR TO BORROW'MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 63%3294 Financial Counseling Services of Franklin 31 West 3~ Street Waynesboro, PA 17268 (717) 762-3285 ADAMS COUNTY Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 5414670 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 YORK COUNTY Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 5414670 Consumer Credit Counseling Service of Western PA 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 *Copies also mailed first class 31 West 3~ Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 2324985 rn m (Saylor) · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space parmifs. [] 1. Article Addressed to: fromiteml? r"lYe~ If YES, enter delivef~ address below: [] No Linda L. Gibbs 99 Top View Drive Carlisle, IA ]7013 3. I ~[Certmlled Mall [] Express Mail [ [] Registered I~ Return Receipt for J [] Insumcl Mall [] C.O.D. J 4. Restricted Delk, ef¥? (E.J~ra Fee) I-I 2. ~F~cle Numl~e~ (Copy from service label) ~ 7099 3400 0001 4863 7373 ,, EXHIBIT E SHERIFF'S RETURN - REGULAR ~-ASE NO: 2002-01578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS GIBBS HOWARD F ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GIBBS HOWARD F the DEFENDANT , at 1555:00 HOURS, on the 3rd day of April , 2002 at 99 TOPVIEW ROAD CARLISLE, PA 17013 by handing to LINDA F GIBBS 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: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this /D~ day of ~jy ~ A.D. ' /Prothonotar'y' _So Answers: R. Thomas Kline 04/04/2002 ADAMS COUNTY NATIONAL BANK Deputy- Sh~iff SHERIFF'S RETURN - REGULAR EASE NO: 2002-01578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS GIBBS HOWARD F ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GIBBS LINDA L the DEFENDANT , at 1555:00 HOURS, on the 3rd day of April , 2002 at 99 TOPVIEW ROAD CARLISLE, PA 17013 by handing to LINDA F GIBBS a true and attested copy of COMPLAINT - MOR~ FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of ~/,~_..'z~ ~.~,~..~ .,t..., A.D. ~r~ho~o[ ary ' ' So Answers: R. Thomas Kline 04/04/2002 ADAMS COUNTY NATIONAL BANK -- ' De~ut~ Sh3~iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Successor By: Merger To Farmers National Bank, : VS. Plaintiff Howard F. Gibbs and Linda L. Gibbs, Defendants No. 02-1578 Civil Term Action in Mortgage Foreclosure PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Action in Mortgage Foreclosure as discontinued. Dated: April 29, 2002 PUHL, EASTMAN & THRASHER By: Attorney ID Number 77071 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159