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HomeMy WebLinkAbout02-1623HOMEAMERICAN CREDIT, INC. DB/A UPLAND MORTGAGE Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE SARALYNN K. BLESSING Defendant NO. Oa . le, z-3 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT. A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVIS LE HAN DEMANDADO A USTED EN LA CORTE. SI DESSEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 y HOMEAMERICAN CREDIT, INC D/B/A UPLAND MORTGAGE Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ©D - ICS?p? Cl,?j SARALYNN K. BLESSING Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff HOMEAMERICAN CREDIT, INC. DB/A UPLAND MORTGAGE, Plaintiff vs. SARALYNN K. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. v?_ IGa3 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is HOMEAMERICAN CREDIT, INC. DB/A UPLAND MORTGAGE, is a corporation whose address is 111 PRESIDENTIAL BOULEVARD, BALAPOINTE OFFICE CENTRE BALA CYNWYD, PENNSYLVANIA 19004. 2. Defendant, SARALYNN K. BLESSING, is an adult individual whose last known address is 1202 HIGHLANDER WAY MECHANICSBURG, PA 17055 1202 HIGHLANDER WAY MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, March 26, 1999, the said Defendant executed and delivered a Mortgage Note in the sum of $170,000.00 payable to HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE, a copy of said Mortgage Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. A copy of said Mortgage is attached hereto and made a part hereof as Exhibit "B". 5. The land subject to the Mortgage is: 1202 HIGHLANDER WAY MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on August 02, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $50.85 per day From 07/02/2001 To 03/02/2002 (based on contract rate of 10.9900%) Late Charges $161.77 From 08/02/2001 to 03/02/2002 NSF Fees Miscellaneous Attorney's Fee at 5% of Principal Balance TOTAL $168,891.83 $13,882.05 $3,023.59 $120.00 $97.50 $8,444.59 $194,459.56 "Together with interest at the per diem rate noted above after March 02, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "D". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "SIN REM" for the aforementioned total amount due together with interest at the rate of 10.9900% ($50.85 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Shej Ts Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) N ? t y ? (T? LOAN me 1060:33 BALLOON NOTE (Fixed Rate) Borrower(s): JOHN M. BLESSING Jr. and SARALY'NN K. BLESSING THIS DOTE IS FOR A LOAN OF A PRINCIPAL AMOUNT GREATER THAN S50,000. THIS LOAN IS PAYABLE IN FULL ON THE MATURITY DATE. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF TI E LOAN AND UNPAID IN ERIiST THEN DUE. THE LENDER IS UNDER NO 013LIGATION TO REFINANCE THE LOAN A'I" 1'IL\T TIME. YOIm WILL, THEREFORE, BE REQUIRED -1.0 MAKE PAYMENT OUT OF OTHER ASSETS YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH UNSAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEWD YOU THE MONEY. IF Y'OLT REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEIV LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. March 26, 1999 [Date] CALNIP HILL, [City] PA [State] 1202 HIGHLANDER WAY, \fECILLNICSBURG, Township of ILLNIPDEN, PA 17055 [Properly Address] 1. BORROWER'S PRONUSE TO PAY In return for a loan that I have received, 1 promise to pay U.S. S170,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is HODIE.LYSERICA:N CREDIT, INC. D/B/A UPLAND MORTGAGE. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder" 2. INTEREST Interest will be charged on unpaid principal until the full amount orprincipal has been paid. I will pay interest at a yearly rate of 10.990%. After any default described in Section 6(B) of this Note I will pay interest at a yearly rate of 10.990% or such higher amount as may be permitted by applicable law. The default interest rate will continue after the Note Holder obtains legal judgment against me 3. RAVNIENTS (A) Time and Place of Payments During the term of this loan, on the 2nd day of each month beginning May 2, 1999, I will make monthly payments of accrued interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If. on the maturity date of April 2. 2014. 1 still owe accrued interest and other charges under this Note, I will pay those amounts in full on that date as well as the entire unpaid principal balance of the loan. I will make my monthly payments at BALA POI4NTE OFFICE CENTRE, 111 PRESIDENTIAL BOULEVARD, SUITE 238 BALA CYNIVYD, PA 19004, or at a different place if required by the Note Holder. (B) Amount of Monthly Payments Nly monthly payment will be in the amount of U.S. S 1,617.67. 3. BORROWER'S RIGHT TO PREPAY I have the right to make a payment of principal at any time before it is due. A payment of principal only is known as a "prepayment." When I make a prepayment. I will tell the Note Holder in writing that I am doing so. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes_ If I make a full prepayment or a partial prepayment during the first 60 months of the term of the Note. I agree to pay a prepayment charge as follows: in the 1st month through the 36th month of the term of the Note. the prepayment charge will be 5.000% of the amount prepnid in the 37th month through the 60th month of the term of the Note, the prepayment charge will be 2.000% of the amount prepaid At any time after the 601h month of the term of the Note, I may make a full prepayment or a partial prepayment without charge. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. PKT PA 1 B G50K,DOC PA NOTE 1 B CSOK.DOC Page 1 of 3 907660004 J ,... LOAN ID= 1660534 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ten calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 10.0% of my overdue payment or such higher amount as the Note Holder may choose to impose in accordance with applicable law. I will pay this late charge promptly but only once on each late payment. (B) Default i If I do not pay the full amount of each monthly payment on the date it is due. I will be to default (C) Notice of Default 11'1 am to default, the Note holder may send me a written notice telling me that if I do not pay the merdue amount by a certain dale, the Note polder may require me to pay immediately the lull amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 15 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment or Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example. reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations. including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. OTHER CHARGES A! NSF Charge If I make a payment larder this Note by check, negotiable instrument or other means and the payment is returned to the Note Holder unpaid, I agree to pay the Note Holder a charge for not sufficient funds (NSF charge) in the maximum amount permitted by applicable law. B. Administrative Charges Except as limited by applicable law, I agree to pay the Note Holder any administrative charge that the Note Holder may impose in connection with (1) my failure to comply with the terms and conditions of this Note and (2) the release or satisfaction of any mortgage, financing statement or other security instrument appearing on the public record which relates to my obligations under this Note. 10. UNIFORDY SECURED NOTE - This Note is a unifont instrument with limited variations. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Sonic of those conditions are described as follows. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lcnde>'s prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Security hutrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the daze of the Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. PKT PA 1 B G50K.DOC PA NOTE 1 B G50K.DOC Page 2 ors 660004 90077 ra? U?.kN IDy 1060534 WITNESS THE HAND(S) AND SEAL(S) t * 1T EE LINMERSIGNED 1 ?'m 17 (!/?4 S+7S? (Seal) JOHN NI: BLES// /'Jr. Borrowu ?, YI?'1ll?l )!!)I /l f? l' 11 Cf2(/ Q (Seal) SARALT K. BLESSL\G Borrower (Seal) Borrower Borrower Borrower (Seal) Borrower [Sign Original Onl]) PICT PA 1 B_GSOIC.DOC .? 907660004 PA NOTE_1_B_G501C.DOC Page 3 or3 LOAN IDM 1060534 ;a . Cam} .:. _ _..: y o1 ------------ [SPACE ABOVE THIS LINE FOR RECORDING DATA]----------------------- TAX PARCEL M: 10-16-1060-118 LOAN ID#: 1060534 Prepared By: MORTGAGE THIS MORTGAGE ('Security Instrument? is given on March 26, 1999. The mortgagor is JOHN D1. BLESSING Jr. and SARALYNN K BLESSING ("Borrower"). This Security Instrument is given to HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE which is organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA and whose address is BALA POINTE OFFICE CENTRE, 111 PRESIDENTIAL BOULEVARD, SUITE 142 BALA CYN%VYD, PA 19004 ("Lender"). Borrower owes Lender the principal sum of One Hundred Seventy Thousand (U.S.$ 170,000.00). HI NOT PAID FART. MP, THE FULL AMOUNT OF THIS LOAN IS PAYABLE IN FULL ON April 2, 2014 ("MATURITY DATE"). BORROWER MUST REPAY THE ENTIRE UNPAID PRINCIPAL BALANCE OF THE LOAN AND INTEREST THEN DUE. THIS IS CALLED A "BALLOON PAYMENT." THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. At least ninety days (90) but not more than one hundred twenty (120) days prior to the Maturity Date, Lender must send Borrower a notice which state the Maturity Date and the amount of the balloon payment which will be due on the Maturity Date (assuming all the scheduled payments due between the date of the notice and the Maturity Date are made on time. This debt is evidenced by Borrowers note dated the same date as this Security Instrument ("Note"), which provides for monthly payments of interest only. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security instrument; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, PENNSYLVANIA: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has the address of: 1202 HIGHLANDER WAY Tovrnship of HAMPDEN ' [Street] [City] Pennsylvania 17055 ("Property Address"); [Zip code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property: (b) PICT PA 1 B G501CDOC PA N10RT G50K.DOC Page 1 of 6 ?X? fs fir LOAN ID# 1060534 yearly leasehold payments or ground rents on the Property, if any, (c) yearly hazard or Property insurance premiums; (d) yearly flood insurance premiums, if any, (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph S, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items".. Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a Lender for a federally related mortgage loan may require for Borrowers escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 er seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing. however. that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due. Lender may so notify Borrower in writing, and, in such case, Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lenders sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application or Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second. to amounts payable under paragraph 2; third to interest due; fourth, to principal due; and last, to an)- late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is suFiect to alien which may attain priority over this Security Instrument, Lender may give Borrower a notice identi(ving the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of, notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tens "extended coverage. and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay, sums secured by this Security Instrument, whether or not then due. The 3o-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as; Borrowers principal residence within sixty PKT PA 1 B G30ECDOC PA_MORT_GSOIi.DOC Page 2 of 6 e LOAN ID# 1060531 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the 1 im created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection or Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action tinder this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Bo&ower shall pay the premiums required to maintain the mortgage insurance in effect. If for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments asia loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 30. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, 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 Security Instrument, whether or not then due, with any excess paid to Borrower. In the evmt of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking. divided by (b) the fair market value of the Property immediately before the taking Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. 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 the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. PKT PA 1 B G70K.DOC PA_MORT CFWK.DOC Page 3 of 6 LOAN IDN 1060534 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated w a partial prepayment without any prepayment charge tinder the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lenders address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borfower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period Lender may invoke-any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at anytime prior to the earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrtument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Insutunent and the Note as if no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under . paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more limes without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any goverrunental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic PKT_PA 1 B C50K.DOC PA_M0RT_O50K.DOC Page 4 of 6 ^i* e_ V ?V LOAM IDM 1060534 petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety, or environmental protection. NON-UNIFORM COVENANTS. BorroVer and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower or, among other things: (a) the default; (b) the action required to cum the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower or the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph IS shall extend to one hour prior to the commencement oebidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment Borrower agrees that the interest rate payable after ajudgment is entered on the Note, or an an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? V.A.. Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower acecpts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. i eases: 1 tM (!?'t^'i4 (Seal) imess ,.l VJOIIN M. BLESS&W N. Borrower ri'J ?-v her ? // p .-n(VQsraRY Ejor[ ' (Seal) Witness , ?hr SARr\Ll ,'N K. BLESSIN Borower (Seal) Borrower (Seal) Borrower Borrower (Seal) Borrower CERTIFICATE OF RESIDENCE L An L P". LFn Ryr o4} , do hereby certify that the correct address of the within-named Lender is BALA POINTE OFFICE CENTRE, III PRESIDENTIAL BOULEVARD, SUITE 142 BALA CYNWYD. PA 19004. PIT PA _1 O 0501,LDOC PA \10RT C50R.DOC Pege 5 of 6 LOAN ID# 1060533 Witness my hand this 26th day of March, 1999. et cr Lender ---------------- -[Space Below This Line For Acknowledgment[------------------------------- COMMONWEALTH OFPEMSYLVANIA } COUNTY OF Cu_m by I4' f<-A } SS: I _ On this, the 26th day of March, 1999, before me,? t?Y \ the undersigned officer, personally appeared JOHN AL BLESSLNG Jr. and SARALYNN K. BLESSLYG known to me (or satisfactorily proven) to be the person(s) whose name istare subscribed to the within instrument and acknowledged that HE/SHEIPHEY executed the same for the purpose herein contained. IN THE WITNESS WHEREOF, I hereunto set my hand and official seal. I My Commission Expires: Wotadat Seal . - Jo Smlgt. ?e? CpuMy 1 Expires A6sY g• 2000 Title of Officer PAT PA 1 B G50K.D0C PA MORT G50A.DOC Page 6 of 6 A THAT CERTAIN piece or parcel of d situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: DEMMG at a point on the southern right-of-way line of Good Hope Road a 46.50 foot wide road, said point being the northeast corner of Lot 165 as shown on the final subdivision plan of Tumberry; thence continuing along the southern right-0f--way line of Good dope Road South" degrees 00 minutes 46 seconds East a distance of 96.66 fat to a point, said point being the northwest corner of Lot 167 as shown on the aforementioned final suhdivisiun plan; thence continuing along this western line of Lot 167 South 48 degrees 44 minutes 23 seconds West a distance of 102.39 feet to a point, said point being on the northern right-of-way line of Highlander Way a 50.00 foot wide road, said point being also the southwest corner of Lot 167 as shown on the aforementioned final subdivision plan; thence continuing along the northern right-of-way line of Highlander Way the following two courses, along a curve to the left having a radius of 275.00 feet an arc length of 56.00 feet said arc being subtended by a chord with a bearing of North 47 degrees 05 minutes 39 seconds West a distance of 55.90 feet to a point; thence continuing North 52 degrees 55 minutes 40 seconds West a distance of 19.17 feet to a point, said point being the southeast comer of Lot 165 as shown on the afnrementioned final subdivision plan; thence continuing along the eastern line of Lot 165 North 37 degrees 04 minutes 20 seconds Bast a distance of 109.S7 feet to a point, said point being the point and place of beginning. CQNTAMG 8,931.89 S.F. or 0.20505 Acres HONG Lot No. 66 as shown on the Final Subdivision Plan of 'rumbarry, Phase f, recorded in Plan Book 58, Page 30. - L-xJr3 1' Date: January 8, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) tttay be able to help to save your {tome. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when yott meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County 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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. L/??? I ? 2 I HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL, LENDER: CURRENT LENDER/SERVICER: John M. Blessing, Jr. and Saralynn K. Blessing 1202 Highlander Way, Mechanicsburg, PA 1001060534 HomeAmerican Credit, Inc. d/b/a Upland Mortgage HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ¦ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORA R Y STA Y OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOUMUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFA ULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A 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 tip to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 1202 Highlander Way, Mechanicsburg, 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: Monthly Payments of Principal and interest for the months of August 2001 through January 2002: $9,706.02 Late Charges: 2,861.82 NSF Fees: 120.00 Collection Costs: 60.00 TOTAL AMOUNT PAST DUE: $129747.84 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 $12,747.84, 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: - HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Susan B. Naftulin, Counsel 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYperiod, 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 DEFA UL T PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time tip to one hour before the Sheriff's Safe. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fee and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing 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 have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such as Sheriff s Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Address: 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Phone Number: (610) 668-2440 Fax Number: (610) 617-4967 Contact Person: Susan B. Naftulin, Counsel EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and you 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 or XX 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 MAYALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ¦ TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (However, you do not have this right to cure your default more than three times in any calendar year.) ¦ TO ASSERT THE NONEXISTENCE OF ANY 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 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6th Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 - FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139--143 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 FAX (717) 234-2227 FAX (717) 334-8326 Very truly yours, HOMEAMERIC deb/a UK?Ar CB/ee cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing CREDIT, INC. F:\SHARED\LEGAL\HAC\Blessing-60534\staterequired\Act 91 Letters 1-8-02.doc Date: January 8, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and file lender intends 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 (tome. This Notice explains how the program works. To see if HEMAP can help, you mast 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 Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County 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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): John M. Blessing, Jr. and Saralynn K. Blessing PROPERTY ADDRESS: 1202 Highlander Way, Mechanicsburg, PA LOAN ACCT. NO.: 1001060534 ORIGINAL LENDER: HomeAmerican Credit, Inc. d/b/a Upland Mortgage CURRENT LENDER/SERVICER: HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ¦ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ¦ IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STA Y OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS [MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EIVIERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end 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 designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessaryto 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 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. AGENCYACTION- 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 tip to date). NATURE OF THE DEFA ULT - The MORTGAGE debt held by the above lender on your property located at 1202 Highlander Way, Mechanicsburg, 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: Monthly Payments of Principal and Interest for the months of August 2001 through January 2002: $9,706.02 Late Charges: 2,861.82 NSF Fees: 120.00 Collection Costs: 60.00 TOTAL AMOUNT PAST DUE: $12,747.84 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 $12,747.84, 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 sentto: - HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Susan B. Naftulin, Counsel 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 IF YOUDO 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in rhonthly 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 THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. Ifyou cure the default within the THIRTY(30) DAYperiod, 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 DEFA ULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time lip to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fee and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by 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 have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such as Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Address: 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Phone Number: (610) 668-2440 Fax Number: (610) 617-4967 Contact Person: Susan B. Naftulin, Counsel EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you 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 or XX 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 MAYA LSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ¦ TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (However, you do not have this right to cure your default more than three times in any calendar year.) • TO ASSERT THE NONEXISTENCE OF ANY 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 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6th Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 - FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139--143 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 FAX (717) 234-2227 FAX (717) 334-8326 Very truly yours, HOMO EU'PLAND D l d/b/ LA y: CB/ee cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing CREDIT, INC. ate Counsel F:\SHARED\LEGAL\HAOBlessing-60534\state required\Act 91 Letters 1-8-02.doc VERIFICATION The undersigned, an officer of HomeAmerican Credit Inc., d/b/a Upland Mortgage, being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoieg Complaint are true and correct to the best of his/her knowledge, information and belief. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: I e Carolee Berasi, Esquire Title Assistant Vice President Company: HomeAmerican Credit Inc., d/b/a Upland Mortgage c----, ° iIJ ?e ? Z Ti 1'l Cl x. -t T f;; 71 ify 7 U H Z wa a ? a N z w z 44 +-) w -H X a z ? EH O E+ a O -3 a HU i H a) Z U >+ U 0 H m N 44 N H a W W fz H t!l a) H W °? N w z a rz o a w m ° o D o U a C G U z d ° E? UZ z N a u GY-1 0 W ? Z ,7 • 4 z m 121 H 124 oz EH f< Ha a u H w a4 z w o a x to a EH o] H g W U X 5 • y a Z H H 0 Z o? HUUZH xro u? HM'99IL9- AOo-991 L9.19-CS 149.38-291 L9 ON WNOd'00A1ddOS1VO3131V1S-11V INC. IN THE ACOURT ND C UNTY,MPENNSYLVANIA HOMEAMERICAN CREDIT, CUMBERLAND D/B/A UPLAND MORTGAGE Plaintiff NO. 2002-01623 VS. ; CIVIL ACTION - LAW SARALYNN K. BLESSING IN MORTGAGE FORECLOSURE Defendant MOTION FOR LEAVE TO FILE AMENDED COMPLAINT land I, AND NOW comes Plaintiff, HomeAmerican Credit, Inc. d/b/a Up i Mortgage, and moves for leave to file an Amended complaint as follows: 1. Plaintiff heretofore filed a Complaint in Mortgage Foreclo ur foreclose against property located at 1202 Highlander wherein it seeks to Way, Mechanicsburg, Pennsylvania 17055. 2. John M. Blessing, Jr. also signed the Note and Mortgage, a copy of said Note and Mortgage attached hereto and made a part hereof as Exhibit "A". it is 3. Since John M. Blessing, Jr. is an original mortgagor, he be added as a Defendant pursuant to Pa.R.C.P. 1144(a)(j)• necessary that WHEREFORE, Plaintiff requests leave to file an Amended Complaint. PURCELL, KRUG LER By: Leon P. Ha ler 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: May 28, 2002 VERIFICATION tatements made in the foregoing Motion for Leave I verify that the s ed complaint are true and correct. to File Amend ect to the I understand that false statements herein are made subject penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Leon P. Haller Dated: May 28, 2002 DAB M INC. AUPLAND MORTGAGE Plaintiff vs. SARALyNN K• BLESSING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND N0. 2002-01623 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Leon P. Haller, Attorney for Plaintiff, HomeAmerican Credit, Inc. d/b/a upland Mortgage, hereby certify that a true and correct copy of', the foregoing Motion for Leave to File Amended Complaint was forwarded to by regular U. S. Mail, first class service, Defendant, Saralynn K. Blessing, postage prepaid, on June 4, 2002, addressed as follows: Saralynn K. Blessing 110 Franklin Square i7055 Mechanicsburg, Dated: June 4, 2002 ' o o ( a? C) L14 °- 5 z --' a .:,t z iC3 C?l JUN/ (102 HOMEAMERICAN CREDIT, INC. : IN THE COURT OF COMMON PLEAS D/B/A UPLAND MORTGAGE : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2002-01623 VS. CIVIL ACTION - LAW SARALYNN K. BLESSING IN MORTGAGE FORECLOSURE Defendant O R D E R AND NOW, this /3, day of ?T.') r4' , 2002, leave is granted to Plaintiff to file an Amended Complaint in the above case. BY THE COURT: VfN'VAIASNN3d AINn 7 ^r'; lH3 Wf10 d I -,01 add C I Nnp ZO Advl?,?,u aw"', ?; ii io ???0-037u HOMEAMERICAN CREDIT, INC. DB/A UPLAND MORTGAGE Plaintiff vs. SARALYNN K. BLESSING and JOHN M. BLESSING, JR. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 2002-01623 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUM CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 HOMEAMERICAN CREDIT, INC D/B/A UPLAND MORTGAGE Plaintiff vs. SARALYNN K. BLESSING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-01623 CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff HOMEAMERICAN CREDIT, INC. DB/A : IN THE COURT OF COMMON PLEAS UPLAND MORTGAGE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE SARALYNN K. BLESSING and JOHN M. BLESSING, JR., NO. 2002-01623 Defendants AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is HOMEAMERICAN CREDIT, INC. DB/A UPLAND MORTGAGE, is a corporation whose address is 111 PRESIDENTIAL BOULEVARD, BALAPOINTE OFFICE CENTRE BALA CYNWYD, PENNSYLVANIA 19004. 2. Defendant, SARALYNN K. BLESSING, is an adult individual whose last known address is 1202 HIGHLANDER WAY MECHANICSBURG, PENNSYLVANIA 17055. Defendant, JOHN M. BLESSING, JR., is an adult individual whose last known address is 1202 HIGHLANDER WAY MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, March 26, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $170,000.00 payable to HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE, a copy of said Mortgage Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. A copy of said Mortgage is attached hereto and made a part hereof as Exhibit "B". 5. The land subject to the Mortgage is: 1202 HIGHLANDER WAY MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on August 02, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $50.85 per day From 07/02/2001 To 03/02/2002 ( based on contract rate of 10.9900°/x) Late Charges $161.77 From 08/02/2001 to 03/02/2002 NSF Fees Miscellaneous Attorney's Fee at 5% of Principal Balance TOTAL $168,891.83 $13,882.05 $3,023.59 $120.00 $97.50 $8,444.59 $194,459.56 "Together with interest at the per diem rate noted above after March 02, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "D". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 10.9900% ($50.85 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: P CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) LOAN ID9 1060534 BALLOON NOTE (Fixed Rate) Borrower(s): JOHN M. BLESSING Jr. and SARALYNN K. BLESSING THIS NOTE IS FOR A LOAN OF A PRINCIPAL AMOUNT GREATER THAN S50,000. THIS LOAN IS PAYABLE IN FULL ON THE MATURITY DATE. YOU MUST REPAY THE ENI'IRI: PRINCIPAL BALANCE OF'I'lli, LOAN AND IINP,\ID IN'1'1':RIiST TIIEN DLIE. TIIE LENDER IS UNDER NO OBLIGATION TO REFINANCE TILE YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYp1 EN'f OUT OF OTHER ASSETS TI L\T YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH. WILLING TO LEND YOU THE MONEY. IF VOLT REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. nfarch 26.1999 [Date] C.L\ID IIILL. [City] PA [Slate] 1202 HIGHLANDER WAY, ]MCIIAN7ICSBURG, Township of IIA,\fPDEN, PA 17055 [Property Address) 1. BORROWER'S PRONILSE TO PAY In return for a loan that I have received, I promise to pay U.S. 5170,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is HOMEAMEWCAN CREDIT, INC. DrBIA IPL UND MORTGAGE. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder " 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 10.990%. After any default described in Section 6(B) of this Note I will pay interest at a yearly rate of 10.990% or such higher amount as may be permitted by applicable law. The default interest rate will continue after the Note Holder obtains legal judgment against me 3. PAYMENTS (A) Time and Place of Payments During the tens of this loan, on the 2nd day of each month beginning May 2, 1999. I will make monthly payments of accrued interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on the maturity date of April 2, 2014. 1 still owe accrued interest and other charges under this Note. I will pay those amounts in full on that date a.. well as the entire unpaid principal balance of the loan. I will make my monthly payments at BALA POLNTE OFFICE CENTRE, 111 PRESIDENTIAL BOULEVARD, SUITE 248 BALA CYN\VYI). PA 19004, or at a different place if required by the Note Holder. (B) Amount of Monthly Payments Tly monthly payment will be in the amount of U.S. S 1,617.67. 4. BORROWER'S RIGHT TO PREPAY I have the right to make a payment of principal at any time before it is due. A payment of principal only is known as a "prepayment." When I make a prepayment. I will tell the Note Holder in writing that I am doing so. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Ndte. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I make a full prepayment or a partial prepayment during the first 60 months of the term of the Note. I agree to pay a prepayment charge as follows: in the 1st month through the 36th month of the term of the Note• the prepayment charge will be 5.000% of the amount prepaid: in the 37th month through the 60th month of the semi of the Note, the prepayment charge will be 2.000% of the amount prepaid. At any time alier the 601h month of the temt of the Note, 1 may make a full prepayment or a partial prepayment without charge. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduce principal, the reduction will be trea[zd as a partial prepayment. PE.T PA_3 B G50K.DOC PA NOTE: 1 B G50iLDOC Page 1 of 3 907660004 ? t? LO.k,:ID= 1060534 6. BORIZOWER'S FAILURE TO PAI' AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ten calendar days after the date it is due, ) will pay a late charge to the Note Holder. The amount of the charge will be 10.0% of my overdue payment or such higher amount as the Note Holder may choose to impose in accordance with applicable law. I will pay this late charge promptly but only once on each late payment. (B) Default i If 1 do not pay the full amount of each monthly payment on the date it is due. 1 wi 11 be in default (C) Notice of Default If 1 am in delauh, the Note I Ioider may send me a written notice tellumg me that if l Lit) not pay the inerducaniount by a certain date, the Note holder may require me to pay inmmdwtely the lull amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 15 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (L•') Payment of Note Holder's Costs and 1'_spenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by ent class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this vote will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. OTHER CILARGES NSF Charge If I make a payment under this Note by check, negotiable instrument or other means and the payment is returned to the Note Holder unpaid, I agree to pay the Note Holder a charge for not sufficient funds (NSF charge) in the maximum amount permitted by applicable law. B. Administrative Charges Except as limited by applicable law, I agree to pay the Note Holder any administrative charge that the Note Holder may impose in connection with (1) my failure to comply with the terms and conditions of this Note and (?) the release or satisfaction of any mortgage, financing statement or other security instrument appearing on the public record which relates to my obligations under this Note. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate paymment in full of all amounts I owe under this Note. Sonic of those conditions are described as follows. Transfer of the Properly or a Beneficial interest fn Borrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transfcrted and Borrower is not a natural person) without Lenders prior written consent. Linder may, at its option. require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. 'I "he notice shall procidc a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any, remedies permitted by the Security Instrument without further notice or demand on Borrower. PKT PA I -B G50KDOC 907660004 . PA NOTE_1_B_GSOICDOC Peyel ofJ ^ -,t Lokv roa 1060.434 WITNESS THE HAND(S)AND SEAL(S) (,I' THE LINMERSICENED M I' (Seal) JOHN M. BLES ' Jr, Borrower A,.in,77(n & l" 11.(nUiQ (Seal) SAI2ALY('.' K. BLESSL\G Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Sign Original 01111 f PKT PA I -B 050K.DOC .? 907660004 PA IVOTE_1_B G50K.DOC - Page 3 or3 LOAN IDN 1060534 vt L=• oil ----------------[SPACE ABOVE THIS LINE FOR RECORDING DATA]----------------------- TAX PARCEL H: 10-16-1060-118 LOAN IDN: 1060534 Prepared By: MORTGAGE THIS MORTGAGE ("Security Instrument') is given on March 26, 1999. The mortgagor is JOIL\ M. BLESSING Jr. and SARALYNN K BLESSING ("Borrower"). This Security Instrument is given to HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE which is organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA and whose address is BALA POINTE OFFICE CENTRE, 111 PRESIDENTIAL BOULEVARD, SUITE 142 BALA CYIV'WYD. PA 19004 ('Lender"). Borrower owes Lender the principal sum of One Hundred Seventy Thousand (U.S.S 170,000.00). IF NOT PAID EARLIER, THE FULL AMOUNT OF TIES LOAN IS PAYABLE IN FULL ON April 2.2014 ("MATURITY DATE"). BORROWER MUST REPAY THE ENTIRE UNPAID PRINCIPAL BALANCE OF THE LOAN AND INTEREST THEN DUE. THIS IS CALLED A "BALLOON PAYMENT." THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. At least ninety days (90) but not more than one hundred twenty (120) days prior to the Maturity Date, Lender must send Borrower a notice which state the Maturity Date and the amount of the balloon payment which will be due on the Maturity Date (assuming all the scheduled payments due between the date of the notice and the Maturit)• Date are made on time. This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments of interest only. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced tinder paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgsge, grant and convey to Lender the following described property located in CUMBERLAND County, PENNSYLVANIA: - SEE LEGAL DESCRIPTION ATTACHED HER FTO.L\'D NUDE A PART HEREOF which has the address of. 1202 HIGHLANDER WAY Township of IL%1,IPDEN ' [Street) (City] Pennsylvania 17055 ("Property Address"): [Zip code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter apart of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to an), encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments arc due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) PKT_PA 1 B G50K.DOC PA_M0RT_G50K.D0C Page 1 of 6 1 1 10,003 LOAN ID81060534 yearly leasehold payments or ground rents on the Property, if any, (c) yearly hazard or Property insurance premiums; (d) yearly flood insurance premiums, if any, (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph S. in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items". Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a Lender for a federally related mortgage loan may require for Borrowefs escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 er seq. ("RESPA"l unless another law that applies to the Fluids sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the F-%Tow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing. however. that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all stuns secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing. and, in such case, Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lenders sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums securrtd by this Security Instrument. 3. Application orpaymtenti. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liena. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time directly to the person owed payment. Borowcr shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. ICLender determines that any part of the property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within Ill days of the giving or. notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage. and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounis and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance tamer 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, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender. Bormyees right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Bormvees principal residence within sixty PKT PA I B GseK.DOC PA_MORT G60K.DOC Psge 2 or 6 U e LOAN IDs 1060,34 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If. for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as'a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, 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 Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided b% (b) the fair market value of the Property immediately before the taking Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, alter 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 the notice is given, Lender is authorized to collect and apply the proceeds, at its option. either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. . Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason or any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising anv right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. P6'r Pd 1 13GSOK.DOC Pa MOR7 GSOK.DOC Page 3 of 6 LOAN IDN 1060534 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borfower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower most pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invokeany remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or(b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to. reasonable attomeys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instnunent shall continue unchanged. Upon ' reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also maybe one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Low. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities or Hazardous Substances that are generally, recognized to be appropriate to normal residential cues and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hazardous Substances are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic PKT PA I B GSOK.DOC PA_MORT_GSOK.DOC Pgte 4 of 6 ?6 LOAM IDN 1060534 petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety, or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale orthe Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and.costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 1 S shall extend to one hour prior to the commencement oebidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note, or rrt an action of mortgage foreclosure shall be the ate payable from time to time under the Note. 27. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instptment. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? V.A.. Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Sccurih• Instrument and in any rider(s) executed by Borrower and recorded with it. m esses: ?s?01, L ? mmess witness 7Y'^^/l'uR?'YtQ Wes. (Seal) ,J{OHN NI. BLES %ZI Borrower ALdYMY C Inou? (Seal) SA1LV.1 . iN F. BLESSING,) Borrower (Seal) Borrower Borrower (Seal) Borrower Borrower CERTIFICATE OF RESIDENCE L An L. P" • Lm EY501`}w , do hereby certify that the correct address of the within-named Lender is BALA POINTE OFFICE CENTRE, 111 PRESIDENTIAL BOULEVARD, SUITE 142 BALA CYNWYD, PA 19004. PICT-PA-1-11 000K,DOC PA MORT_C50K.DOC Page 5 of 6 LOAN IDN 1060534 Witness my hand this 26th day of March, 1999. ent or Lender --------------- -[Space Below This Line For Acknowledgment] ------------------------------ --- COMMONWEALTHOFPIEMSYLVANIA ) COUNTY OF CL i I atf (G' } SS: } On this, the 26th day of March, 1999, before me,?C' X71 i \ t 1.?1 the undersigned officer, personally appeared JOHN I%L BLESSING Jr. and SARALYNN K. BLESSING known to me (or satisfactorily proven) to be the person(s) whose name istare subscribed to the within instrument and acknowledged that HE/SHElfHEY executed the same for the purpose herein contained. IN THE WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Notarial SeaPu?k - - Jo SmMt, ?etlard CoMry t;attsnls la Fyplres May 0.2000 Title of Officer PICT PA / 0 GSO LDOC PA_MORT GSOK.DOC Page 6 or 6 A ; THAT CERTAIN piece or parcel of d situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ]BEGINNING at a point on the southern right-of-way line of Good Hopc Road a 46.50 foot wide road, said point being the northeast corner of Lot 165 as shown on the final subdivision plan of Tumberry; thence continuing along the southern right-0f--way line of Good hope Road South 44 degrees 00 minutes 46 seconds East a distance of 96.66 feet to a point, said point being the northwest corner of Lot 167 as shown on the aforementioned final subdivision plan; thence continuing along thb western line of Lot 167 South 48 degrees 44 minutes 23 seconds West a distance of 102.39 feet to a point, said point being on the northern right-of-way line of Highlander Way a 50.00 fool wide road, said point being also the southwest corner of Lot 167 as shown on the aforementioned final subdivision plan; thence continuing along the northern right-of-way line of Highlander Way the following two courses, along a curve to the left having a radius of 275.00 feet an arc length of 56.00 feet said arc being subtended by a chord with a bearing of North 47 degrees 05 minutes 39 seconds West a distance of 55.90 feet to a point; thence continuing North 52 degrees 55 minutes 40 seconds West a distance of 19.17 feet to a point, said point being the southeast comer of Lot 165 39 shown on the aforementioned final subdivision plan; thence continuing along the eastern line of Lot 165 North 37 degrees 04 minutes 20 seconds Fast a distance of 109.57 feet to a point, said point being the point and place of beginning. CONTAINING 8,931.89 S.F. or 0.20505 Acres ]BEING Lot No. 66 as shown on the Final Subdivision Plan of Turnberry, Phase f, recorded in Plan Book 58, Page 30. Date: January 8, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) !tray 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 Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County 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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. tt ? ? ? HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL. LENDER: CURRENT LENDER/SERVICER: John M. Blessing, Jr. and Saralynn K. Blessing 1202 Highlander Way, Mechanicsburg, PA 1001060534 HomeAmerican Credit, Inc. d/b/a Upland Mortgage HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CANSAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT' IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARYSTAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPL Y FOR EMERGENCY MORTGAGE ASSISTANCE, YOUMUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -if you meet with one of the consumer credit counseling agencies listed at the end 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 designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 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. AGENCYACTION- 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 1202 Highlander Way, Mechanicsburg, 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: Monthly Payments of Principal and Interest for the months of August 2001 through January 2002: $9,706.02 Late Charges: 2,861.82 NSF Fees: 120.00 Collection Costs: 60.00 TOTAL AMOUNT PAST DUE: $12,747.84 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 $12,747.84, 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: - HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Susan B. Naftulin, Counsel 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 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 e_rercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to payoff 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. Ifyou cure the default within the THIRTY (30) DAYperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorneys fee and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing 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 have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such as Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Address: 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Phone Number: (610) 668-2440 Fax Number: (610) 617-4967 Contact Person: Susan B. Naftulin, Counsel EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you 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_ mayor XX 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. YOUMAYALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (However, you do not have this right to cure your default more than three times in any calendar year.) • TO ASSERT THE NONEXISTENCE OF ANY 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 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6th Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139--143 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 FAX (717) 234-2227 FAX (717) 334-8326 Very truly yours, db/a lee CB/ee cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing CREDIT, INC. Counsel F:\SHARED\LEGAL\HAC\Blessing-60534\state required\Act 91 Leucrs 1-8402.dnc Date: January 8, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached 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 mast MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County 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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: John M. Blessing, Jr. and Saralynn K. Blessing 1202 Highlander Way, Mechanicsburg, PA 1001060534 HomeAmerican Credit, Inc. d/b/a Upland Mortgage HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA vE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARYSTAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end 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 designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 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. AGENCYACTION- 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 tip to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 1202 Highlander Way, Mechanicsburg, 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: Monthly Payments of Principal and Interest for the months of August 2001 through January 2002: $9,706.02 Late Charges: 2,861.82 NSF Fees: 120.00 Collection Costs: 60.00 TOTAL AMOUNT PAST DUE: $12,747.84 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 $12,747.84, 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: - HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Susan B. Naftulin, Counsel 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 IF YOUDO 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in rhonthly 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 THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fee and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements tinder the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such as Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the 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: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Address: 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Phone Number: (610) 668-2440 Fax Number: (610) 617-4967 Contact Person: Susan B. Naftulin, Counsel EFFECT OFSHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue fo 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_ mayor XX 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. YOUMAYA LSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ¦ TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (However, you do not have this right to cure your default more than three times in any calendar year.) • TO ASSERT THE NONEXISTENCE OF ANY 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 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6th Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139--143 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 FAX (717) 234-2227 FAX (717) 334-8326 Very truly yours, CREDIT, INC. ate Counsel CB/ee cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing F:\SHARED\LEGAL\HAC\Blessing-60534\staterequired\Act 91 Letters 1-8-02.doe VERIFICATION I, LEON P. HALLER, ESQUIRE, Attorney for HomeAmerican Credit, Inc. d/b/a Upland Mortgage verify that the statements made in the foregoing Amended Complaint are true and correct based on information furnished by HomeAmerican Credit, Inc. d/b/a Upland Mortgage. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Leon P. Haller, Esquire Date: June 24, 2002 SHERIFF'S RETURN - REGULAR NO: 2002-01623 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEAMERICAN CREDIT INC VS BLESSING SARALYNN K or Deputy Sheriff of Sheriff DAWN KELL duly sworn according to law, Cumberland County,Pennsylvania, who being MORT FORE was served upon says, the within COMPLAINT - the BLESSING JOHN M 2002 DEFENDANT at 21 HOURS, on the 5th day of Jul??at 110 FRANKLIN 54 by handing to MECHANICSBURG, PA 17055 JOHN M BLESSING together with Of COMPLAINT - MORT FORE a true and attested copy and at the same time directing His attention to the contents thereof. Additional Comments 1202 HIGHLANDER WAY APPEARS TO BE VACANT. TRASH VISIBLE INSIDE. Sheriff's cost': 6.00 Docketing .00 Service 00 Affidavit 10.00 Surcharge .00 16.00 Sworn and Subscribed to before So Answers: R. Thomas Kline 07/08/2002 PURCELL KRUG HALLER me this 3i day of ?rrooL//? A. D. C?i4 ? l ?IXi. ? r thonotary By m Deputy Sheriff HOMEAMERICAN CREDIT, INC. DB/A UPLAND MORTGAGE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. SARALYNN K. BLESSING and JOHN M. BLESSING, JR. Defendants ACTION OF MORTGAGE FORECLOSURE NO. 2002-01623 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 TRUE COPY FROM RECORD Is Teetkmw whereof, I here unto set my hand ad the seal of said Cou t at Carlisle. Pa. HOMEAMERICAN CREDIT, INC D/B/A UPLAND MORTGAGE Plaintiff VS. SARALYNN K. BLESSING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-01623 CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, Plaintiff vs. SARALYNN K. BLESSING and JOHN M. BLESSING, JR., Defendants NO. 2002-01623 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, is a corporation whose address is 111 PRESIDENTIAL BOULEVARD, BALAPOINTE OFFICE CENTRE BALA CYNWYD, PENNSYLVANIA 19004. 2. Defendant, SARALYNN K. BLESSING, is an adult individual whose last known address is 1202 HIGHLANDER WAY MECHANICSBURG, PENNSYLVANIA 17055. Defendant, JOHN M. BLESSING, JR., is an adult individual whose last known address is 1202 HIGHLANDER WAY MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, March 26, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $170,000.00 payable to HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE, a copy of said Mortgage Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. A copy of said Mortgage is attached hereto and made a part hereof as Exhibit "B". IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 5. The land subject to the Mortgage is: 1202 HIGHLANDER WAY MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on August 02, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $168,891.83 Interest at $50.85 per day $13,882.05 From 07/02/2001 To 03/02/2002 ( based on contract rate of 10.9900%) Late Charges $161.77 $3,023.59 From 08/02/2001 to 03/02/2002 NSF Fees $120.00 Miscellaneous $97.50 $8,444.59 Attorney's Fee at 5% of Principal Balance TOTAL $194,459.56 "Together with interest at the per diem rate noted above after March 02, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "D". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 10.9900% ($50.85 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. PURCELL, KRUG & Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) L( .kN IDe 1060534 BALLOON NOTE (FLCed Rate) Borrower(s): JOHN M. BLESSING Jr. and SARALI iNN S. BLESSING THIS NOTE IS FOR A LOAN OF A PRINCIPAL A.MOGNT GREATER THAN S50.000 THIS LOAN IS PAYABLE IN FULL ON THE MATL'R1TY DATE. YOU DiGST REPAI" 7"HE ENTIRE PRINCIPAL BALANCE 01--l I IE LOAN AND UNPAID INI ER EST TI IEN DOE. TI IE LENDER IS UNDER NO OBLIGATION TO REVIN,\:NCP. 1'III•: LOAN ,\'I' THAT Ti mE. You WILL, THEREFORE, BE REQUIRED "I"O MA61i PAYMENT OUT OP OTHER ASSEI'S TI-IAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN O"ITH, WILLING TO LEND YOL' THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAT SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED q"ITH A NE\\" LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. March 26.1999 [Date] C.A.\IP III LL. [City] PA [St.uej 1202 HIGHL.a\DER WAY, NIECILL\ACSBURG, Township of IL\.NrPDEN, PA 17055 [Property Addressj 1. BORROWER'S PROhBSE TO PAY In return for a loan that I have received I promise. to pay U.S. 5170.000.00 Ithis amount is called "principal"), plus interest, to the order of the Lender. The Lender,, HOMEAMERICAN CREDIT. INC. D/B/A ITL.I:ND MORTGAGE. I understand that the Lender may tmnsfcr this Nom. The Lender or anyone %% h,, takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder " 2. INTEREST hrterost will be charged on unpaid principal unril the full amount of principal has been paid. I will pay Interest at a year[' rate of 10.990%. After any default described in Section 6(B) of this Note I will pay interest at a yearly rate of 10.990% or such higher amount as may be permitted by applicable Loo The default interest rate will continue after the Note Bolder obtains legal judgment against Inc 3. PAYMENTS (A) Time and Place of Payments During the tens of this loan, on the 2nd day of each month beginning May 2. 1999. 1 will make monthly' payments of accrued interest and any other charges described below that I into owe under this 'Note, Afy monthly payments will be applied to interest before principal If, on the maturity date of April 2. 2014. 1 still awe accrued interest and other charges under this Note. I will pay those amounts in full on that date as well as the entire unpaid principal balance of the loan. I will make my monthly payments at BALA POLNTE OFFICE CENTRE. 111 PRESIDENTLIL BOCLE\'AftD, SLATE 248 BALA CYNWI'D. PA 19004, or at a d,tlerent place It required by the Not, Huldcr (B) Amount of Monthly Payments Mr monthly payment will be in the amount of L; S. S 1,617.67 4. 13ORNOWE• R'S RIGHT TO PREPAY I have the right to make a payment of principal at any time before it is due. A papnent of principal only is known a a "prepayment." When I make a prepayment. I will tell the Note Holder in writing that I am doing so. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepaaanent, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. IC I make a full prepayment or a partial prepayment during the first 60 months of the term orthe Note. I agree to par a prepayment charge as Collows: in the Ist month through the 36111 month orthe lemh ,I the Note, the prepaymhem charge will be 5.000% of the atuounl prepaid. in the 37th month through the 60111 month of the term or the Note. the prepayment charge will be 2.000% or the amtounl prepaid. At any tine aher the 60th month of the tern. of the Note. 1 may make a full prepayment or a partial prepayment without charge. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (it) any suits already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. PAT PA 1_3 0501CDOC PA NOT£ 1 B CSOA.DOC Ps•e 1 of J 907660004 ?? J LOAN 1D= 1060S34 6. BORROWE•R'SFAILURE7'OPAYASI4EQUn2ED (A) Late Charges for Overdue Pa) menns If the Note Holder has not received the full amount of any monthly payment by the end of ten calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 10.0%ofmy overdue payment or such higher amount as the Note Holder mac choose to impose in accordance with applicable law. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due. 1 will he in default (C) Notice of Default II' 1 ant in default, the Not. I folder ntuy send nic a written notice telling me that it I do not pa) the overdue nnowu by a cenuin date, the Note Holder may require rte to pay i n nedrnefy the full snwunt of princgml which has not been paid and all the interest that I owe on that amount That date must be at least 15 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if,, at a time when I srrt in default, the Nom Holder does not require me to pay immediately' in full as described above, the Note Holder will still have the right m do so if l am in default at a later time (E) Payment of Note Holder's Costs and 1,pe+ues If the Note Holder has required me to pay' innnediately in full as described above, the Nate Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this' Note to the extent not prohibited by applicable low. Those expenses include. for exuimple, reasonable attomcyi fees 7. GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given tome under this Note will be given by delivering it or by mailing it by Gat class mail to me at the Property Address above or at a different address if I gyve the Note Holder a notice of my dilTerent address. .Any notice that must be given to the Note Holder under this Note will be given by mailing it b)' first class mail to the Note Holder at the address stated in Section }(A) above or at a di C(erent address it I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pac the full amount owed Any person who is a guarantor. surety or endorser of this Note is also obligated to do these things. Arty person who takes over these obligation,. including the obligations via guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. The Note Huldcr stay enforce its rights under this Note against each person inJi ulual Iv or apinst all of us together . This means that any one of us may be required to pay all Of the amounts owed under this Note 9. OTHER CH.A.RGES A NSF Charge If I make a payment under this Note by check, negotiable instrument or other means and the payment is returned to the Note Holder unpaid, I agree to pay the Note Holder a charge for not sufficient funds (NSF charge) in the maximum amount permitted by applicable law. B. Administrative Charges Except as limited by applicable law. I agree to pay the Note Holder any administmtn'e charge that the Note Holder may impose in connection with (1) my failure to comply with the terms and conditions of this Note and ('_) the release or satisfaction of any mortgage, financing statemmnt or other security instrument appearing on the public record which relates to my obligations under this Note. 10. UNIFORM SECURED NOTE This Neste is a uniComt inslrun+ent with limned vuiatiuns. In addttrtm to the protacuons given to the Note Holder under this Note, a Mortgage, Deed of Trust or Seauray Deed (the'Secwity Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That S.cunty Instrument describes how and under what conditions I niav be raryired to make immedsme payment in full of all amounts I owe under this Note. Sume of those conditions are described as follows. Trwnsfcr of the Properly or a Bmrencial G+teresl in Borrmrcr. [fill or any pan of the Property or any interest m it is xold nr trnnslenred (or ire beneficial interest in Borrower is sold or transferred and Borromer is rats natural person) without Lender's prior written cement. Lender may, at its opt ton. require in niedi:ne M v n l e M in full of all sums secured by this Security Instrument. However. this option shall not he exercised by Lender ifbxcrci.e is prohibited by t'ederal law as of the dale of the Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shill po, ide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Sectity Instrument. If Borrower fails to pay these sums prior to the expiration orthis pencil. Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borroweer. PAT PA 1 B G50A.DOC PA NOTE 1 8 O501CDOC P.Se,I ofd 9077666y0-'00104 L L(D.Y'Z ID= 1060:34 NITVESS THE kLaND(S).A\D SEALO) I ?F THE UNDERSIG\LD 7")A q,(yylvy}?1 (Seal) JOHN ilI: BLES /' Jr. Borrower ?'I /L?l"L/(hC/'U (Seal) / SARALYNN IC BLESSLNG Borrows (SCall Bortoxer (Scab Borrower Bortooer (Sign ongm.l OnlrJ PAT PA 113 GSOG.DOC .? 907660004 PA_NOTE 3 B G50fLDOC Pale 3 af3 LOAN IDN 1060:14 --------------------(SPACE ABOVE THIS LINE FOR RECORDING DATA]------------------------- TAN PARCEL N: 10-16-1060-118 LOAN IDs: 1060531 Prepared By: MORTGAGE THIS MORTGAGE ('Security Instrument') is given an March 26, 1999. The mortgagor is JOHN\I. BLESSING Jr. and SARALYNN K. BLESSING ('Borrower"). This Security Instrument is given to HOMEAMERICAN CREDIT, INC. DIBIA UPLAND MORTGAGE which is organized end existing under the laws of THE CONMIONWEALTH OF PENNSYLVANIA and whose address is BALA POINTE OFFICE CENTRE, 111 PRESIDENTIAL BOULEVARD, SUITE 142 BALA CYNIVYD, PA 19004 ('Lender'). Borrower owes Lender the principal sum of One Hundred Seventy Thousand (U.S.S 170,000.00) IF NOT PAID EARLIER THE FULL AMOUNT OF THIS LOAN IS PAYABLE IN FULL ON April 2, 2014 ("MATURITY DATE"). BORROWER MUST REPAY THE ENTIRE UNPAID PRINCIPAL BALANCE OF THE LOAN AND INTEREST THEN DUE. THIS IS CALLED A "BALLOON PAYMENT." THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. At least ninety days (90) but not more than one hundred twenty (120) days prior to the Maturity Date, Lender must Borroser a notice which state the Maturity Date and the amount of the balloon payment which will be due on the city Date (assuming all the scheduled payments due between the date of the notice and the Maturity Date are made This debt is evidenced by Borrowers note dated the same dale as this Security Instrument ("Note"), which provides for monthly payments of interest only. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other suns, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borowds covenants and agreements under this Securty Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, PENNSYLVANIA: SEE LEGAL DESCRIPTION ATTACKED HERETO ANT) NUDE A PART HEREOF which has the address of, 1202 HIGHLANDER WAY Township of FLADIPDEN ' [Street) [City] Pennsylvania 17055 ('Propert) Address'), (Zip code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Immanent. All of the foregoing is referred to in this Security Instrument as the "Propene." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Proper)' against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. U,NIFOR\I COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Pmpaymtc Fit and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any, prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Burrower shall pay to Lender on the day monthly payments arc due under the Note, until the Note is paid in full, a sum ("Funds") for. (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) PRT PA 1 13 G50K.DOC PA MORT O501CDOC Pee, 1 or 6 I, LOAM IDN 1060C34 yearly leasehold payments or ground rents on the Property, if any', (c) yearly hazard or Property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any, and (p any sums payable by Borrower to Lender, in accordance with the provisions of paragraph S, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items". Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a Lender for a federally related mortgage loan may require for Borr owers escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 US. C. §2601 er seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time. collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay, a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay Borrower any interest or comings on the Funds. Borrower and Lender may agree in writing. however. that interest shall be paid on the Funds. Lender shall give to Bonower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due. Lender may so notify Borrower in writing- and, in such case, Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than ri monthly payments, at Lenders sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 21, Lender shall acquire or sell the Property. Lender. prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application or Payments. Unless applicable law provides otherwise, all pnymtcnts received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note, second. to amounts parable under paragraph 2; third, to interest due; fourth, to principal due, and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the marvter provided in paragraph 2, or tf not paid in that manner. Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower : (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) cornests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. ](Lender detemnnes that any pan of the Propene is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a nonce identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice 6. Hazard or Property Insurance. Bonower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'emended coverage. and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Bonower fails to maintain cower, ee described above. Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Propeny in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lender shall have the right to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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, if the restoration or repair is economically feasible and Lenders security is not lessened If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Bonower- If Borrower abandons the Property, or does not answcrwithin 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal shal I not extend or postpone the due date of the monthly payments referr ed to in paragmphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender. Bonowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pus to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection or the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Bonowers principal residence within sixty PAT PA 1 D G60K.DOC PA MORT 60K.DOC P., 2 of 6 LOAN II34 1060,34 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one yearafter the date ofoccupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faithjudgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interesL Borrower may core such a default and reinstate, as provided in paragraph IS, by causing the action or proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Bonower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or fai led to provide Lender with any material information) in connection with the loan evidenced by the Note, including but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. Il Bonower fails to perform the covenants and agreements ...mined in this Security Iretrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender order this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other leans of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Bon-cover requesting payment. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect If. for any reason, the mortgage insurance em'emge required by Lender lapses or ceases to be in effect, Borrower shall pa) the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as'a loss reserve in lieu of mortgage insurance Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in comnecuon with any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender. In the event of a total takingbf the Property, the proceeds shall be applied to the suns secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Propertin which the fair market value of the Property immediately before the taking is equal to or greater than the amount of", the sums secured by this Security Instrument immediately before the taking. unless Bonower and Lender otherwise agree to writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking divided b% (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Bonower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Secu tv Instrument whether or not the stuns are then due. If the Property is abandoned by Borrower, or if, aller 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 the notice is given, Lender is authorized to collect and apply the proceeds, at its option. either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. . Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and'_ or change the amount of such payments. 11. Borrower Not Released; F.rbenrmnce By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against an) successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of am' demand made by the original Burrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Ph'T PA I B GSOR.DOC PA_DIORT G]mt:.DOC Pec.3 of 6 If y5 LOAN D> 1060534 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower may agree to extand, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail urdess applicable law requires use of anaher method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lenders address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Inswment and the Note are declared to be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or =aimed (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate pa)ment in full of all sums secured by this Security Instrument . Hoverer, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borowcr fails to pay these scans prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 13. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at anytime prior to the earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale c f the Property pursuant to any power of sale contained in this Security Instrument, or(b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower' (a) pays Lender all stuns which then would be due under this Security instrument and the Note as if no acceleration occurred; (b) cures any default of any other covenants or agcements, (c) pays all expenses incurred in enforcing this Security Instrument, including but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may, reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no accelcn.non had occurred. However, this right to reinstate shall not apply in the case ofacceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrtunent) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may, be one or more changes of the Loan Servicer unrelated to a sale of the Note If there is a change of the Loan Servicer, Borower will be given uTitten notice of the change in accordance with paragraph N above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable la'. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantilid of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry invoking the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower teams, or is noticed by am• governmental or regulatory authority, that any removal or other remedlation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance with Environmental Las'. As rued in this paragraph 20, "Hazardous Substances are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic PKT PA 1 BGSOKDOC PA MOBT C_50KDOC Pape 4 or 6 ?? 6 LOAM IDM IOW34 petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety, or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides olberwise). Lender shall notify Borrower or, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration or the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower orthe right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense or Borrower to acceleration and forecosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may roreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and.costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy, this Security instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, staives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for slay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrowers time to reinstate provided in paragraph I S shall extend to one hour prior to the commencement ofrbidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is entered on the Note, or fn an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument Yone or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this SecurityInstrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider O I-J Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider O Balloon Rider ? Rate Improvement Rider ? Second home Rider O V.A.. Rider ? Other(s) (spM(y) BY SIGNING BELOW, Borrower accepts and agrees to dm tem. and co,cormts contained in this Security Instrunmm and in any rider(s) executed by Borrower and recorded with it. Wi esscs: . (Seal) fitness JOHN Al. BLESSLW J0. Borrower 4dcU 6ok C1.,6 (Sea) Witness ' SARALI. iv K. llLESSIN Borrower (Seal) Borrower Borrower CERTIFICtTF. OF RESIDENCE L Atz L Is'1. GFD Fvy)tjw , do hereby certify that the correct address of the within-named Lender is BALA POINTE OFFICE CEIN7RE, I I I PRESIDENTIAL BOULEVARD, SUITE 142 BALA CYNWYD, PA 19006. PKT PA ] 11C30K.DOC PA_NORT CIOK.DOC P." 5 or 6 LOAM IDS 10605" Witness my hand this 26th day of March, 1999. 141 2V z eat or Lender -------------------------[Spn<e Below This Line For Acknowledgment] ----------------------------- -------- COMMONWEA,TH OF PENNSYLVANIA COUNTY OF CU ) SS: kRf la } -_ LI On this, the 261h day of March, 1999, before me, C7 \ t 6N the undersigned officer, personally appeared JOHN AL BLESSING Jr. and SARALYYN K BLESSING known to me (or satisfactorily proven) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged that HE/SHEMIEY executed the same for the purpose herein contained. IN THE WITNESS WHEREOF, I hereunto set my hand and official seal. 1 My Commission Expires: .?( Notarial Seal - l..A?- F o SMN. Notary Pudic ii0 Bar0. E, s M 62000 nrnlsston spi Title of Officer PKT PA 1 D G!0K-DOC PA MORT GSOKDOC Peae 6 er 6 A , TIIAT CERTAIN piece or parcel of d situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the scuthem right-of-way line of Good Hopc Road a 46.50 foot wide road, said point being the northeast comer of Lot 165 as shown on the final subdivision plan of Turnberry; thence continuing along the southern right-0f-way line of Good }lope Road South 44 degrees 00 minutes 46 seconds Fast it distance of96.66 feet to a point, said point being the northwest corner of Lot 167 as shown on the aforementioned final subdivision plait; thence continuing along the western line of Lot 167 South 48 degrees 44 minutes 23 seconds West a distance of 102.39 feet to a point, said point being on the northern right-of-way line of Highlander Way a 50.00 fool wide road, said point being also the southwest corner or Lot 167 as shown on the aforementioned final subdivision plan; thence continuing along the northern right-of-way line of Highlander Way the following two courses, along a curve to the left having a radius of 275.00 feet an arc length of 56.00 feet said arc being subtended by a chord with a bearing of North 47 degrees 05 minutes 39 seconds West a distance of 55.90 feet to a point; thence continuing North 52 degrees 55 minutes 40 seconds West a distance of 19.17 feet to a point, said point being the southeast comer of Lot 165 as shown on the aforementioned final subdivision plan: thence contnuing along the eastern line of Lot 165 North 37 degrees 04 minutes 20 seconds Fast a distance of 109.57 feet to a point, said point being the point and place of beginning. CQNTADMG 8,931.89 S.F. or 0.20505 Acres BEING Lot No. 66 as shown on the Final Subdivision Plan of'rumberry, Phase f, recorded in Plan Book 58, Page 30. t `( It L xr/)3) r Date: January 8, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on yoetr home is in default, and the lender intends 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 /tow the program works. To see if HEMAP can help, you must MEET WITH A CONSUIVIER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County 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 ADIUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): John M. Blessing, Jr. and Saralynn K. Blessing PROPERTY ADDRESS: 1202 Highlander Way, Mechanicsburg, PA LOAN ACCT. NO.: 1001060534 ORIGINAL LENDER: HomeAmerican Credit, Inc. d/b/a Upland Mortgage CURRENT LENDER/SERVICER: HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARYSTAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS tVIEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOUDO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -if you meet with one of the consumer credit counseling agencies listed at the end 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 designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 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. AGENCYACTION- 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 tip to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 1202 Highlander Way, Mechanicsburg, 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: Monthly Payments of Principal and Interest for the months of August 2001 through January 2002: $9 706.02 Late Charges: , 2 861 82 NSF Fees: , . 120.00 Collection Costs: 60 00 TOTAL AMOUNT PAST DUE: . $12,747.84 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 $12,747.84, 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: - HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Susan B. Naftulin, Counsel 1 I 1 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 IF YOUDO 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 550.00. 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. Ifyou cure the default within the THIRTY(30) DAYperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time zip to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fee and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing 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 have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such as Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of coarse, 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: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Address: 11 I Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Phone Number: (610) 668-2440 Fax Number: (610) 617-4967 Contact Person: Susan B. Naftulin, Counsel EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you 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 - mayor XX 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. YOUMAYALSO HAVE THE RIGHT. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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 ANY 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 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6th Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Deny Street 139-443 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 FAX (717) 234-2227 FAX (717) 334-8326 Very truly yours, HOMEAMERIC db/a AN I CB/ee cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing CREDIT F:?SHAREDILEGAL\HAOBlessing-60534\state required\Act 91 Leaers 1.8-02.dnc Date: January 8, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached 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 WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you nnay call the Pennsylvania Housing Finance Agency tall free at 1-800-341-2397. (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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): John M. Blessing, Jr. and Saralynn K. Blessing PROPERTY ADDRESS: 1202 Highlander Way, Mechanicsburg, PA LOAN ACCT. NO.: 1001060534 ORIGINAL LENDER: HomeAmerican Credit, Inc. d/b/a Upland Mortgage CURRENT LENDER/SERVICER: HomeAmerican Credit, Inc. d/b/a Upland Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CANSAVE YOUR HOME FROM FORECLOSURE AND HELP YOUMAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARYSTAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOUDO NOTAPPLYFOR ELIERGEIVCY AlORTGAGE ASSISTANCE, YOUMUST BRING YOUR MORTGAGE UP IODATE . 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 thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 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. AGENCYACTION- 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.) HOfV 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 1202 Highlander Way, Mechanicsburg, 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: Monthly Payments of Principal and Interest for the months of August 2001 through January 2002: $9,706.02 Late Charges: 2,861.82 NSF Fees: 120.00 Collection Costs: 60.00 TOTAL AMOUNT PAST DUE: $12,747.84 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 $12,747.84, 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: - HomeAmerican Credit, Inc. d/b/a Upland Mortgage Attn: Susan B. Naftulin, Counsel 1 I 1 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 IF YOUDO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leader intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, tip 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. Ifyou cure the default within the THIRTY (30) DAYperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time tip to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fee and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements tinder the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such as Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the 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: HomeAmerican Credit, Inc. d/b/a Upland Mortgage Address: 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Phone Number: (610) 668-2440 Fax Number: (610) 617-4967 Contact Person: Susan B. Naftulin, Counsel EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue fo 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 XX 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 MAYA LSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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 ANY 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 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6th Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139--143 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717)334-1518 FAX (717) 234-2227 FAX (717) 334-8326 Very truly yours, HOME6M- RICAN CREDIT, INC. ate Counsel CB/ee cc: Legal File Loan File Via certified mail, return receipt requested and first class mail with certificate of mailing F:'SHAREDILEGAL\HAOBIessing-60534\state requircd\Act 91 Letters 1-8-02.doc VERIFICATION I, LEON P. HALLER, ESQUIRE, Attorney for HomeAmerican Credit, Inc. d/b/a Upland Mortgage verify that the statements made in the foregoing Amended Complaint are true and correct based on information furnished by HomeAmerican Credit, Inc. d/b/a Upland Mortgage. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Leon P. Haller, Esquire Date: June 24, 2002 r? ; ? Hnf a.?? (n f f-re of t4r'S4pxrff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin COOK JANET M vs HAXALL THOMAS M Sheriff's Return No. 1664-T - - -2002 OTHER COUNTY NO. 02-369 AND NOW:July 8, 2002 SUMMONS HAXALL THOMAS M at 8:45AM served the within upon by personally handing to HIM of the original 1 true attested copy(ies) SUMMONS and making known to him/her the contents thereof at POE: COIN WRAP 1380 HOWARD ST HBG, PA 17101-0000 Sworn and subscribed to before me this 15TH day of JULY, 2002 +? L ?Ztl ?liZ? C--• (*<iiYv?t:J PROTHONOTARY So Answers, l 7e,;? Sheriff of Dauphin County, Pa. By JQMAL is! ;4Z t Deputy Shdr Sheriff's Costs: $25.50 PD 07/03/2002 RCPT NO 166306 HOPKINS } ? '_ C' f .. : - ?P C:' C v._ ; ' - tir i ?,', ? `? ? _i IJ ?..? ! :+? r t..) rvl.? o::a +s:: _,J CJ HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, PLAINTIFF vs. SARALYNN K. BLESSING AND JOHN M. BLESSING, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1623 IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants SARALYNN K. BLESSING AND JOHN M. BLESSING, JR. for failure to plead to the above action within twenty (20) days from date of service of the Complaint damages as follows: Unpaid principal balance Interest (Per diem of $50.85 from 7/2/01 to 3/2/02) Late charges ($161.77 per month to 3/02) NSF Fees Misc. Escrow Deficit 5°s Attorney's Commission TOTAL $168,891.83 $ 13,882.05 $ 3,023.59 $ 120.00 $ 97.50 8,444.59 $194,459.56** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HA By Leon P. Haller PA I.D. ##15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 and assess Plaintiff's K: VKEIDODSIC U M BE RLAIB LESS. P HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, PLAINTIFF VS. SARALYNN K. BLESSING AND JOHN M. BLESSING, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1623 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C P 237.1 I hereby certify that on AUGUST 9, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. -- lr Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 HOMEAMERICAN CREDIT, INC. DBA UPLAND MORTGAGE Plaintiff VS. SARALYNN K. BLESSING AND JOHN M. BLESSING, JR Defendant DATE OF THIS NOTICE: August 9, 2002 TO: SARALYNN K. BLESSING 1 10 FRANKLIN SQUARE MECHANICSBURG, PA 17055 JOHN M. BLESSING, JR 110 FRANKLIN SQUARE MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1623 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & HALLIR By_ LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, PLAINTIFF vs. SARALYNN K. BLESSING AND JOHN M. BLESSING, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1623 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed beforejmee this /,? day o f _Xr e 2 00,E 40?lry u lic LEON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Psxton TO, Dauphin County My Commission Expires Aug. B, 2006 C) W Kf V 49. rTi „ TI U Z- -Ji l'-l J I 1 =? tl L? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 1623 HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, PLAINTIFF VS. SARALYNN K. BLESSING AND JOHN M. BLESSING, JR., DEFENDANT (S) TOTAL AMOUNT OF JUDGMENT $194,459.56 Interest at $50.85 per diem to sale date $ 13,983.75 Late charges at $161.77 per month to sale date $ 1,294.16 Escrow Deficit $ 2,000.00 TOTAL $211,737.47* *SALE DATE: WEDS.,DEC.4, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in.the above captioned case. Date: September 10, 2002 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 1202 HIGHLANDER WAY, MECHANICSBURG, PENNSYLVANIA 17050. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY A N r_ ) . -10 W 0 AO C J P n T)1 !mil ryf "U _f _ SJ Aj s?,s?o ??O ogoJ j ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Good Hope Road a 46.50 foot wide road, said point being the northeast comer of Lot #65 as shown on the final subdivision plan of Tumberry; thence continuing along the southern right-of-way line of Good Hope Road South 44 degrees 00 minutes 46 seconds East a distance of 96.66 feet to a point, said point being the northwest comer of Lot #67 as shown on the aforementioned final subdivision plan; thence continuing along the western line of Lot #67 South 48 degrees 44 minutes 23 seconds West a distance of 102.39 feet to a point, said point being on the northern right-of-way line of Highlander Way a 50.00 foot wide road, said point being also the southwest comer of Lot #67 as shown on the aforementioned final subdivision plan; thence continuing along the northern right-of-way line of Highlander Way the following two courses, along a curve to the left having a radius of 275.00 feet an arc length of 56.00 feet said arc being subtended by a chord with a bearing of North 47 degrees 05 minutes 39 seconds West a distance of 55.90 feet to a point; thence continuing North 52 degrees 55 minutes 40 seconds West a distance of 19.17 feet to a point, said point being the southeast comer of Lot #65 as shown on the aforementioned final subdivision plan; thence continuing along the eastern line of Lot #65 North 37 degrees 04 minutes 20 seconds East a distance of 109.57 feet to a point, said point being the point and place of beginning. CONTAINING 8,931.89 S.F. or 0.20505 Acres BEING Lot No. 66 as shown on the Final Subdivision Plan of Turberry, Phase I, recorded in Plan Book 58, Page 30. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 1202 HIGHLANDER WAY, MECHANICSBURG, PA 17055. BEING THE SAME PREMISES WHICH Victoria Glen Associates et al by deed dated 2/11/94 and recorded in Deed Book 101 Page 804 granted and conveyed unto John M. Blessing, Jr. and Saralynn K. Blessing. TO BE SOLD AS THE PROPERTY OF JOHN M. BLESSING, JR. AND SARALYNN K. BLESSING ON JUDGMENT NO. 2002 1623. ASSESSMENT: 10-16-1060-118 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1623 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE Plaintiff (s) From SARALYNN K. BLESSING AND JOHN M. BLESSING, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED LEGAL DESCRIPTION. 1202 HIGHLANDER WAY, MECHANICSBURG, PENNSYLVANIA 17050. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$194,459.56 L.L.$.50 Interest AT $50.85 PER DIEM TO SALE DATE $13,983.75 Late charges at $161.77 PER MONTH TO SALE DATE $1,294.16 Any's Comm % Due Prothy $1.00 Atty Paid $122.90 Other CostsEscrow deficit $2,000.00 Plaintiff Paid Date: September 11, 2002 (Seal) REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff CURTIS R. LONG Prothonotary By: ?Q?i, r oSD1 G Deputy Telephone: 717-234-4178 Supreme Court ID No. 15700 HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, PLAINTIFF VS. SARALYNN K. BLESSING AND JOHN M. BLESSING, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1623 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the Krug & Haller, sets forth of execution was filed, real property located at 17055: 1 Saralynn K. Blessing 110 Franklin Square Mechanicsburg, PA 17055 John M. Blessing, Jr. 110 Franklin Square Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN above action, by its attorneys, Purcell, as of the date the praecipe for the writ he following information concerning the 1202 HIGHLANDER WAY, MECHANICSBURG, PA Name and address of the Owner(s) or Reputed Owner(s): 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN Name and address Plaintiff has knowledge who may be affected by the sale: TENANTS IF ANY ... Tenant/Occupant 1202 Highlander Way Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 of every other person of whom the has any interest in the property which (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. ##15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 10, 2002 c, Cl C r i C (!;. - _? CU HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, PLAINTIFF v5. SARALYNN K. BLESSING AND JOHN M. BLESSING, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1623 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: e of Real Property (real estate) will be 's Sal That the Sheriff held: DATE: WEDNESDAY, DECEMBER 4, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly e tyst of a statement , to et er w th a brieffinenti onmeofasured boundaries of the propop y, 3 buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1202 HIGHLANDER WAY MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $194,459.56 under or pursuant to. which your property is being sold is docketed in the within (,ommonwealth and County to: NO. 2002 01623 THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property i : K WKPDOCSVCUMBFRLAABL[SS.NOS SARALYNN K. BLESSING AND JO A SCHEDULE DIS HN M. BLESSING JR. gOV"rnmental OF TRIBUTION z°eceive part oof corporate emit"being a list of -sours the proceeds Of or the persons and/or sheandrimff ?uni° by the Sheriff ( Of the agencies being ent' cipalites (for ex sale received pled to of t i that arePle' to bank and distribution s the county thirty ed30axes s that hold to be s- nt ) will be mortga es hedule will, of Proceeds filed 9 aft the exceptions tO it in wifact, be made of sale dens accorr the sa be and thin ten unless someo e with this Informat (10) days of the objects by filing from ion ab e date it g m the Sheriff out the schedule of D is filed. at the Courthous of e the Co i urt stri address bution Common Plea maY be obt Pecifies of the obtained THIS s within county YOUR PROPE A NOTICE RTy, OF TRV PAY THE = CAUSE YOUR rUDGMENT AGAINS DG PROP MENT. ERTy TO 7 BE H T YOU. ELD TO BE SOLD OR TAKEN T( You may have e lgal rights taken away. A lawyer PROMPTLY. If YOU wish to exerce, c Ise uemore o specip Y fro g m th be-in Your rights YOU , ese YOUN SHOULD TAKE THIS PAPER ACT FREE LEGALTADVICEICE SET FORTH BELOW OUR LAWYER AT ONCE TO FIND . GO TO OR OUT WHERE YpU CAN GET 2 Cumberland and County Bar Association Avenue Carlisle 717- Pennsylvan3 249-3166 ia 17013 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 1 THE LEGAL RIGHTS YOU MAY HAVE ARE: . the withinoCou t file a petition ainst g,-, se r ainst theopep n ther cuodgmentit Youth ve ommon Pleas You °u may of aware of a Y also ofile an pant that has e a meritorious legal defect in petition with t ntered judgment i the obligation or the pro edure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within county to set aside the Tale a grossly inadequate price or for other proper cause. his petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED sale 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented Court of Common Pleas of the within the served on the to Count attorney for the creditor or The petition must be presentation to the court and a on the creditor before attached to the petition. Proposed order or rule must be If a specific return date is desired, such date obtained from the Court Administrator's Office the within Count must be y Courthouse, before a Civil Division, of to the Court. presentation of the petition A copy of the writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, follows, to wit: more particularly bounded and described as at a on the southern rig y line a 46.50 foot widelro d?idYpoint being the northeast comerhof Lota#65 as showGood subdivision plan of Tumbe ]toad n n tpehe ]t fi nal Hope Road South 44 degreesy00lminutes 46 ondslEastla d stance of 96166 f way line of Good point being the northwest corner of Lot #67 as shown on the aforementioned final subdivision plan; thence continuing along the western line of Lot #67 South 48 degrees 44 minutes 23 seconds West a distance of 102.39 feet to a point, said point being on the northern right-of-way line of Highlander Way a 50.00 foot wide road, said point being also the southwest comer of Lot 1167 as shown on the aforementioned final subdivision plan; thence continuing along the northern right-of-way line of Highlander Way the following two courses, along a curve to the left having a radius of 275.00 feet an arc length of 56.00 feet said arc being subtended by a chord with a bearing of North 47 degrees 05 minutes 39 seconds West a distance of 55.90 feet to a point; thence continuing North 52 degrees 55 minutes 40 seconds West a distance of 19.17 feet to a point, said point being the southeast comer of Lot k65 as shown on the aforementioned final subdivision plan; thence continuing along the eastern line of Lot #65 North 37 degrees 04 minutes 20 seconds East a distance of 109,57 Feet to a point, said point being the point and place of beginning. CONTAINING 8,931 89 S.F. or 0.20505 Acres BEING Lot No. 66 as shown on the Final Subdivision Plan of Turnberry, Phase I, recorded in plan Book 58, Page 30. HAVIITG THEREON ERECTED A RESIDENTIAL DWELLING HIGHLANDER WAY, MECHANICSBURG, PA 17055. KNOWN AS 1202 BEING THE SAME PREMISES WHICH Victoria Glen Associates deed dated 2/11/94 and recorded and conveyed unto John et al ed M. Bles in Deed Book 101 Page 804 sing, Jr. and Saral granted TO BE SOLD AS THE PROPERTY Ynn K. Blessing. BLESSING ON JUDGMENT NO, 00 JOHN M. BLESSING, JR. 2002 1623. AND SARALYNN K. ASSESSMENT. 10-16-1060-118 n [? ,_? 4 r? -Li ii: ?n r i n,,, _1_ "ll CA :- ?. "_ _ ?? _? ' ??., _.. _r i ?-_ :V -?: ._ HOMEAMERICAN CREDIT, INC. IN THE COURT OF COMMON PLEAS D/B/A UPLAND MORTGAGE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW SARALYNN K. BLESSING AND NO. 2002 1623 JOHN M. BLESSING, JR., DEFENDANTS IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I h ve deposited in the U.S. Mails at Harrisburg, Pennsylvania on -G' a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Saralynn K. Blessing 110 Franklin Square Mechanicsburg, PA 17055 John M. Blessing, Jr. 110 Franklin Square Mechanicsburg, PA 17055 Tenant/Occupant 1202 Highlander Way Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET' HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206 LFON P. HALLFR JOHN W. PURCELL JR. BRIAN J. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Saralynn K. Blessing 110 Franklin Square Mechanicsburg, PA 17055 John M. Blessing, Jr. 110 Franklin Square Mechanicsburg, PA 17055 Tenant/Occupant 1202 Highlander Way Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that ou have an opportunity to protect your interest, if any, g n ified of said Sheriff's Sale. By: Haller PA I.D.15700 Attorney for Plaintiff HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, PLAINTIFF VS. SARALYNN K. BLESSING AND JOHN M. BLESSING, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 2002 1623 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be d: DATE: WEDNESDAY, DECEMBER 4, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1202 HIGHLANDER WAY MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $194,459.56 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 01623 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property s: KAM KF\DOCS\CUMBERLA\BLESS. NOS SARALYNN K. BLESSING AND JOHN M. BLESSING, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. 'Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL TIIAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Good Hope Road a 46.50 foot wide road, said point being the northeast corner of Lot 1165 as shown on the final subdivision plan of Turnberry; thence continuing along the southern right-of-way line of Good Hope Road South 44 degrees 00 minutes 46 seconds East a distance of 96.66 feet to a point, said point being the northwest corner of Lot #67 as shown on the aforementioned final subdivision plan; thence continuing along the western line of Lot #67 South 48 degrees 44 minutes 23 seconds West a distance of 102.39 feet to a point, said point being on the northern right-of-way line of Highlander Way a 50.00 foot wide road, said point being also the southwest corner of Lot #67 as shown on the aforementioned final subdivision plan; thence continuing along the northern right-of-way line of Highlander Way the following two courses, along a curve to the left having a radius of 275.00 feet an arc length of 56.00 feet said arc being subtended by a chord with a bearing of North 47 degrees 05 minutes 39 seconds West a distance of 55.90 feet to a point; thence continuing North 52 degrees 55 minutes 40 seconds West a distance of 19.17 feet to a point, said point being the southeast corner of Lot #65 as shown on the aforementioned final subdivision plan; thence continuing along the eastern line of Lot #65 North 37 degrees 04 minutes 20 seconds East a distance of 109.57 feet to a point, said point being the point and place of beginning. CONTAINING 8,931.89 S.F. or 0.20505 Acres BEING Lot No. 66 as shown on the Final Subdivision Plan of Turnberry, Phase I, recorded in Plan Book 58, Page 30. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 1202 HIGHLANDER WAY, MECHANICSBURG, PA 17055. BEING THE SAME PREMISES WHICH Victoria Glen Associates et al by deed dated 2/11/94 and recorded in Deed Book 101 Page 804 granted and conveyed unto John M. Blessing, Jr. and Saralynn K. Blessing. TO BE SOLD AS THE PROPERTY OF JOHN M. BLESSING, JR. AND SARALYNN K. BLESSING ON JUDGMENT NO. 2002 1623. ASSESSMENT: 10-16-1060-118 Re: Homeamerican v. Blessing Cumberland 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Saralynn K. Blessing 110 Franklin Square Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: John M. Blessing, Jr. 110 Franklin Square Mechanicsburg, PA 17055 Postmark: ?? E??. U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addresse Tenant/Occupant 1202 Highlander Way Mechanicsburg, PA 17055 Postmark: n - Zj i ! I { ? f+ Postage: Postage: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 FEDF,??` ?5a5 m ?.:- ,? I rra \..?o I1195"?/ t f „ a ?^ U s ?-; `.. ? , ; :- -; , `' - ; , ? - n; ? ?:._. ip r:? •< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Tigar Relocation Co is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 11th day of Sept, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1623, at the suit of Homeamerican Credit Inc dba Upland Mtg against Saralynn K Blessing & John M Jr is duly recorded in Sheriff's Deed Book No. 255, Page 1674. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l Al- day of O?! cua/ , A.D. 2003 Recorder of Deeds Homeamerican Credit, Inc. d/b/a Upland Mortgage VS Saralynn K. Blessing and John M. Blessing, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1623 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2002 at 8:33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Saralynn K. Blessing, by making known unto John M. Blessing, at 110 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2002 at 8:33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: John M. Blessing, by making known unto John M. Blessing, at 110 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 6:22 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Saralynn K. Blessing and John M. Blessing, Jr. located at 1202 Highlander Way, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Saralynn K. Blessing, by regular mail to her last known address of 110 Franklin Square, Mechanicsburg, PA 17055. This letter was mailed under the date of October 2, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: John M. Blessing, Jr., by regular mail to his last known address of 110 Franklin Square, Mechanicsburg, PA 17055. This letter was mailed under the date of October 2, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Tiger Relocation Co. It being the highest bid and best price received for the same, Tiger Relocation Co. of 111 Presidential Boulevard, Balapointe Office Center, Bala Cynwyd, PA 19004, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1033.34, it being costs. Sheriffs Costs: Docketing $ 30.00 Poundage 20.26 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Certified Mail 1.53 Levy 15.00 Surcharge 30.00 Law Journal 414.20 Patriot News 347.35 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1033.34 Sworn and subscribed to before me paid by attorney 01/08/03 This /.S`!' day of 2003, A.D. u Pro honotary A-dl.?.tEj- R. Thomas Kline, eriff BY \m 0' Real Estate eputy /Sb (IZ 3 9-37 7 13360-z" Real Estate Sale # 39 On September 16, 2002 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 1202 Highlander Way, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 16, 2002 By: J " ?IuA Real Est e Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The P atriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. -- '' - _ ?.... ........................... COPY I crl e e o 14th day ofove 2002 A. D. S A L E #39 Terry L. Russell, Notary Public t 7 C REAL ESTATE SALE No. 39 W it N 2002 1623 y -- =?? oun City Of Harrisburg, Dauphin Commission Expires June 6, 2006 M r o. - Civil Term y NO ARY PUBLIC Pennsylvania Association Of Notaries Member Homeamerlcan Credit, Inc. d/b/a Upland Mortgage , My commission expires June 6, 2006 vs Saralynn K. Blessing and John M. Blessing, Jr. CUMBERLAND COUNTY SHERIF=FS OFFICE Atty: Leon P. Haller CUMBERLAND COUNTY COURTHOUSE DESCRIPTION CARLISLE, PA. 17013 ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded d d ib d f ll i Statement of Advertising Ciosts an escr e as o ows, to w t: BEGINNING at a point on the southern right-of- To THE PATRIOT-NEWS CO., Dr. way line Good Hope Road a 46.50 foot wide road, said point being the northeast st comer of Lot publishing P For the notice or publication attached #65 as shown on the final subdivision plan of hereto on the above stated dates $ 345.60 Turn"; thence continuing along the southern right-of-way line of Good Hope Road South 44 Probating same Notary Fee(s) $ 1.75 degrees 00 minutes 46 seconds East a distance of Total $ 347.35 96.66 feet to a point, said point being the northwest comer of Lot #67 as shown on the aforementioned final subdivision plan; thence continuing along the western line of Lot #67 publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowled ge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... South 48 degrees 44 minutes 23 seconds West a distance of 102.39 feet to a point, said point being on the northern right-of-way line of Highlander Way a 50.00 foot wide road, said point being also on the southwest comer of Lot 467 as shown on, the aforementioned final subdivision plan; thence continuing along the aorthem right-of-way line of Highlander Way the following two courses, along a curve to the left having a radius of 275.00 feet an arc length of 56.00 feet said arc being subtended by a chord with a bearing of North 47 degrees 05 minutes 39 seconds West a distance of 55.90 feet to a point; thence continuing North 52 degrees 55 minutes 40 seconds West a distance of 19.17 feet to a point, said point being the southeast comer of Lot #65 as shown on the aforementioned final subdivision plan; thence continuing along the eastern line of Lot #65 North 37 degrees 04 minutes 20 seconds East a distance of 109.57 feet to a point, said point being the point and place of beginning. CONTAINING 8,931.89 S.F. or 0.20505 Acres. BEING Lot No. 66 as shown on the Final Subdivision Plan ofTurnberry, Phase I, recorded in Plan Book 58, Page 30. HAVING THEEREON ERECTED A RESIDENTIAL DWELLING KNOWN as 1202 Highlander Way, Mechanicsburg, PA 17055. BEING THE SAME PREMISES WHICH Victoria Glen Associates et al by deed dated 2/11/ 94 and recorded in Deed Book 101 Page 804 granted and conveyed unto John M. Blessing, Jr. And Saralynn K. Blessing. TO BE SOLD AS THE PROPERTY OF John M. Blessing, Jr. and Saralynn K. Blessing on Judgment No. 2002 1623. ASSESSMENT: 10-16-1060- 118. r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1.784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 39 Writ No. 2002-1623 Civil Homeamerican Credit, Inc., d/b/a C Upland Mortgage Roge M. Morgenthal Editor vs. Saralynn K. Blessing and John M. Blessing, Jr. SWORN TO AND SUBSCRIBED before me this Atty.: Leon P. Haller ALL THAT CERTAIN piece or par- 8 day of NOVEMBER, 2002 cel of land situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Good NO&A SEAL Hope Road a 46.50 foot wide road, L01S .5?8 E ?P Lbk said point being the northeast cor- ner of Lot #65 as shown on the fi- E l Cor. km ? na subdivision plan of Turnberry: thence continuing along the south- ern right-of-way line of Good Hope Road South 44 degrees 00 minutes 46 seconds East a distance of 96.66 feet to a point, said point being the northwest corner of Lot #67 as shown on the aforementioned final subdivision plan; thence continuing along the western line of Lot #67 South 48 degrees 44 minutes 23 seconds West a distance of 102.39 feet to a point, said point being on the northern right-of-way line of Highlander Way a 50.00 foot wide road, said point being also the southwest corner of Lot #67 as shown on the aforementioned final subdivision plan; thence continuing along the northern right-of-way line of Highlander Way the following two courses, along a curve to the left having a radius of 275.00 feet an arc length of 56.00 feet said arc being subtended by a chord with a bearing of North 47 degrees 05 min- utes 39 seconds West a distance of 55.90 feet to a point; thence con- tinuing North 52 degrees 55 min- utes 40 seconds West a distance of 19.17 feet to a point, said point being the southeast corner of Lot #65 as shown on the aforemen- tioned fmal subdivision plan; thence continuing along the eastern line of Lot #65 North 37 degrees 04 min- utes 20 seconds East a distance of 109.57 feet to a point, said point being the point and place of begin- ning. CONTAINING 8,931.89 S.F. or 0.20505 Acres. BEING Lot No. 66 as shown on the Final Subdivision Plan of Turnberry, Phase 1, recorded in Plan Book 58, Page 30. HAVING THEREON ERECTED a residential dwelling known as 1202 Highlander Way, Mechanicsburg, PA 17055. BEING THE SAME PREMISES WHICH Victoria Glen Associates et al. by deed dated 2/11/94 and re- corded in Deed Book 101 Page 804 granted and conveyed unto John M. Blessing, Jr. and Saralynn K. Bless- ing. TO BE SOLD AS THE PROPER- TY OF JOHN M. BLESSING, JR. AND SARALYNN K. BLESSING ON JUDG- MENT NO. 2002 1623. ASSESSMENT: 10-16-1060-118. 'e?'7 J