HomeMy WebLinkAbout01-4627 SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
MELLON BANK, N. A.
Plaintiff
H. W. BARKBY, EXECUTOR of the
ESTATE OF KENNETH I. REPP
Defendant(s)
NOTICE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - Law
MORTGAGE FORECLOSURE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
717 - 249 - 3166
800 - 990 - 9108
NOTICIA
Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda
y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la
corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya.
Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de
demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES
PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O
CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCIQN SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
717 - 249 - 3166
800 - 990 - 9108
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W, High Street
Carlisle, PA
MELLON BANK, N. A.
Plaintiff
vi.
H. W. BARKBY, EXECUTOR of the
ESTATE OF KENNETH I. REPP
Defendant(s)
COMPLAINT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - Law
MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff, Mellon Bank N. A., by and through its attorneys, SAIDI$, SHUFF,
FLOWER & LINDSAY, and files this Complaint, alleging in support thereof the following:
1. Plaintiff, Mellon Bank, N. A., is a national banking association organized and existing under the
banking laws of the United States of America with a principal regional office located at Two Mellon
Bank Center, Pittsburgh, Pennsylvania, 17259.
2. The defendant(s) are H. W. Barkby is/are an adult individual whose last known address is 2015 Tall
Fir Drive, Dover, PA 17315.
3. On or about September 6, 1996 the Defendants borrowed from and agreed to repay to Bank the sum
of forty-eight thousand and 00/100 dollars ($48,000.00) ("Loan"). As security for the Loan,
Defendants executed and delivered to Bank a mortgage ("Mortgage") on that tract of land together
with the buildings and improvements erected thereon situate in the Borough of Lemoyne, Cumberland
County, Commonwealth of Pennsylvania known and numbered as 711 Hummel Avenue, Lemoyne,
PA 17043. At all other times relevant hereto, Defendants remain the record and sole owners of the
property. A description ofthe property is attached hereto, made a part hereof and marked as Exhibit
4. On or about September 13, 1996, the Mortgage was recorded in the Office of the Recorder of Deeds
of Cumberland County in Book 1341, Page 150. A copy of the Mortgage is attached hereto, made
part hereof and marked as Exhibit "El".
5. The mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation
of defendants.
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
6. Under the terms and condition of the Note ("Note"), defendants agreed to make monthly payments to
Bank in the amount of four hundred twenty-nine and 00/100 dollars ($429.00) beginning October 5th,
1996, and continuing each month thereafter.
7. Defendants have breached the terms and conditions of the Mortgage and Note and are in default
under such terms and conditions because they have failed to make payment required in accordance
with the terms thereof for July 2000 and subsequent months.
8. Defendants are presently indebted to Bank, as of July 17th, 2001 in the amount of thirty-nine thousand
and seven hundred and seventeen and 27/100 dollars ($39,717.27) itemized as follows:
Principal Balance
Interest to and including
07/17/2001 at $8.87 per diem
Late Charges
Attorney collection fees
Total Due
$33,895.41
$ 4,081.86
$ 45OO
$ 1,695.00
$39,717.27
9. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they
would pay, in addition to the charges listed in paragraph 8 above, cost incurred by Bank as a result of
the institution of theses legal proceedings.
10. The obligation owed by Defendants to Bank continues to accrue interest thereon at the rate of $8.87
per diem, through the date of payment, including on and after the entry of judgment on this
Complaint, and continues to accrue late charges, and attorneys fees.
11, In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23,
1983, P. L. 385 No. 91, 35 P. S. Section 1680.401c et seq., Act of January 30, 1974, P. L. 13, No. 6,
41 P. S. section 101 et seq. a Notice of Intent to Foreclose and of Defendant's rights under said Act
was forwarded to defendants on March 9th, 2001 by and through his attorney Gregory L. Lensbower,
ID #43899 of Stonesifer and Kelley, PC. of 209 Broadway, Hanover, PA 17331 by United States
mail, first class, postage pre-paid, and certified mail, return receipt requested. A copy of said Notice
is attached hereto and marked as Exhibit "C".
3
SAIDIS
SHUFF. FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
12. Copies of the mailing receipts, postal forms 3817, evidencing receipt of said Notices are attached
hereto and made a part hereof and marked Exhibit "D".
13. As set forth above, Bank has made demand upon Defendants herein to cure the default under the
aforesaid Mortgage and Note. However, Defendants have refused and failed and continues to refuse
and fail to cure this default
WHEREFORE, Plaintiff Mellon Bank, N. A, demands judgment against H. W. Barkby, Executor of
the Estate of Kenneth I. Repp defendant(s) in the amount of thirty-nine thousand and seven hundred and
seventeen and 27/100($39,717.27) dollars plus interest at the rate of $8.87 per diem through the date of
payment, including on and after the date of entry of judgment on this Complaint, and costs, and for
foreclosure and sale of the mortgaged property.
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated: ~ ~, 2-oo?
J~'a J. Kol~ky, E~uire]
I~;~/# 53147
26 West High Street
Carlisle, PA 17013
717 - 243 - 6222
Attorney for Plaintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
MELLON BANK, N. A.
Plaintiff
vii.
H. W. BARKBY, EXECUTOR of the
ESTATE OF KENNETH 1. REPP
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.:
CIVIL ACTION - Law
MORTGAGE FORECLOSURE
VERIFICATION
I verify that statements made in this Complaint are tree and correct. I understand that false statements
herein are made subject to the penalties of 1 $ Pa. C. S. §4904, relating to unswom falsification to authorities.
Mellon Bank, N. A.
Dated:
By:
5
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090696 11:49
(~ Mol:on Bank
ACT 91 / 6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: November 15, 2000
To:
Kenneth I. Repp
711 Hummel Avenue
Lemoyne, PA 17043
Anna Bann Repp by
Kenneth I. Repp,
Attorney inFact
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT
TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LiEN AGAINST PROPERTY.
This is an official notice that the mortdaqe 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 patios.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO
SAVE YOUR HOME. This Notice explains how the proqram works,
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the
counselinq aqency.
The name. address and phone number of Consumer Credit Counselinc~ Aqencies servinq your County ar,~
listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinq Finance
Aqency toll free at 1-800-342-2397 (Persons with imoaired headnq may call (717~ 780-1869.
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR V[VIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OSTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
Homeowner's Name(s):
Property address:
Loan / Account number:
Orfginal Lender:
Current Lender / Servicer:
Kenneth I. Repp
711 Hummel Avenue, Lemoyne, PA 17043
0275.040707-292
Mellon Bank, N. A.
Mellon Bank, N. A.
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOl~l
I~ROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE.
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURF - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at
the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY {30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOI IR
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
counselin a encies listed at the end ~ion a ainst ou for thi
30 days after the date of thi-'~-~'me'~n . The names addresses and tele hone numbers of desi nated
consumer credit counsetinq aqencies for the Counb/in which the property is located are set forth at the
end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCF - Your mortgage is in a default for the reason set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
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 oostmarked
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.
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD'
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE F LiNG OF A PETITION N BANKRUPTCY.
HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located
at: Insert Property Address IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End: July 06, 2000 thru November 6, 2000 at $429,00 per
month.
Monthly Payments Plus Late Charges Accrued
NSF:
Inspections:
Other
(Suspense)
Total amount to cure default
$ 2,220.00
$ n/a
$ n/a
$ n/a
$ n/a
$ 2,220.00
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,220.00, 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: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Bank Center
Room 152-AB50, Pittsburgh PA 15259-0001.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its dqhts to accelerate the mortqaqe debt This means
the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclose upon your mortqaqe property.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.
Any attorney's fees will be added to the amount owed to the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIER - The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALP - [f you have not cured the default within
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riqht to cure the
default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by payinq
the total amount then past due. plus any late or other charqes then due, reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as
specified in writinq by the lender and by performinq any other requirements under the mortqaqe. Cudng
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATF - It is estimated that the earliest date that such a Shedff's
Sale of the mortgage property could be held would be approximately SlX (6) MONTHS from the date of
this notice. A notice of the actual date of the Shedff's Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Bank Center
Room 152~AB50, Pittsburgh PA 15259-0001; Telephone 412-234-6637; Fax 412-234-7226.
EFFECT OF SHERIFF'S SALF - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGF - You X__ may or may not (check one) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHTTO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
Very truly yours,
SAIDIS,~SAY
cc: Laura Cortazzo
Loan no. 0275.040707-292
Mailed by 1st Class mail / Cert f cate of Mailing and Certified Mail No.: 7099 3400 0018 5000 7720
PENNSYLVANINA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397
CUMBERLAND COUNTY
Consumer Credit Counseling Service of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
FinanciaJ Services Unlimited
117 West 3~ Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Hardsburg, PA 17101
(717) 234-5925
FAX (717) 232-4985
YWCA of Csdisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
ACT 91 / 6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: November 15, 2000
To: Kenneth I. Repp Anna Bann Repp by
711 Hummel Avenue Kenneth I. Repp,
Lemoyne, PA 17043 Attorney infect
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT
TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the mortoaqe on your home is in default and the lender intends to foreclose.
Specific nformation about the nature of the default is provided in the attached paqes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP} MAY BE ABLE TO HELP TO
SAVE YOUR HOME. This Notice exclains how the proqram works.
To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take [his Notice with you when you meet the
counse!ino aqencv
The name. address and phone number of Consumer Credit Counselino Aqencies servino your Counb/are
listed at the end of ~his Notice. tf you have any questions you may call the Pennsylvania Houn '
Aoencv toll free at 1-800-342-2397 (Persons with impaired hearino may calf (7171 780-1869.s o F~nance
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help exptain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTtNUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
Homeowner's Name(s):
Property address:
Loan / Account number:
Original Lender:
Current Lender / Servicer:
Kenneth I. Repp
711 Hummet Avenue, Lemoyne, PA 17043
0275.040707-292
Mellon Bank, N. A.
Mellon Bank, N. A.
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAI~J
.OME
FROM FORECLOSUR~YoU MAKE FUTURE MOR~
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE.
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF PORECLOSURF - 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 cf this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY 30 DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If ou meet with one of the consumer credit
counselino a encies listed at the end of this Notice the lender mav NOT take action a ainst ou for thi
~date of this meetina~~eleohone numbers of desi noted
consumer credit counseJin a encies for the Court in which the orooe is located are set forth at the
end of th~s Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender
i.Enmediatetv of your intentions.
A. PPLICAT1ON FOR MORTGAGE ASSISTANCF' - Your mortgage is in a default for the reason set forth
later in this Notice (see following pages for specific information about the nature of your default.) if you
have tried and are unable to resolve this problem with the lender, you have the dght to apply for financial
assistance from the HomeowneCs Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowneds Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Onty 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 oostmarked
within third/(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 criter a 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.
l' NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION N BANKRUPTCY.
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD'
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bdnq it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located
at: Insert Property Address IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: StartJEnd: July 06, 2000 thru November 6, 2000 at $429.00 per
month.
Monthly Payments Plus Late Charges Accrued
NSF:
Inspections:
Other
(Suspense)
Total amount to cure default
2,220.00
n/a
n/a
n/a
n/a
2,22O.0O
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,220.00, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. Payments must be made either bv cash. cashier's check, certified check or money
order made oavable and sent tn' Laura Cortazzo, Mellon Bank, N. A., Two Mellon Bank center
Room 152-AB50, Pittsburgh PA 15259-0001.
You can cure any other default by taking the following acticn within THIRTY (30) DAYS of the date of this
letter.
IF YOU DO NOT CURE THE DEFAULT ~ If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender fntends to exercise its dqhts to accelerate the mortoaqe debt. This means
the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance Io pay the mortgage in monthly installments, ff full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclose u~on your mortoaoe cropertv.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage properly will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.
Any attorney's fees will be added to the amount owed to the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY/30) DAY period, you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personalty for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI r- - If you have not cured the default within
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the dqht to cure the
d..efault and crevent the sale at any time uo to one hour before the Sheriffs Sale. You may do so by payinq
!he total amount then past due. pt~s any late or other charqes then due. reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as
%oeoified in writinq by the lender and by performinq any other requirements under the mortqaqe. Cudng
~ur default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
3
EARLIEST POSSIBLE SHERIFF'S SALE DATF - It is estimated that the eadiest date that such a Sheriff's
Sale of the mortgage property could be held would be approximately SlX (6) MONTHS from the date of
this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
.HOW TO CONTACT THE LENDER: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Bank Center
Room 152-AB50, Pittsburgh PA 15259-0001; Telephone 412-234-6637; Fax 412-2-~4-7226.
EFFECT OF SHERIFF'S SAL F - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged proper'b/and your right to occupy it. If you continue to live in the property after the Shedff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGF - You X may or may not (check one) sell or transfer your
home to a buyer or transferee who will ~sssum~the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
8ORROW 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, tF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDrNG OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
Ven/truly yours,
SAIDIS,~sAY
cc: Laura Corta7.zo Loan no. 0275.040707-292
Mailed by 1*t Class mail / Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5000 7720
4
PENNSYLVANINA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397
~oua~
Consumer Credit Counseling Service of Western Pennsylvania, Inc.
2000 LJngleatown Road
Han'fsburg, PA 17102
(717) 541-1757
F~nanc~al Services Unlimited
117 West 3= Street
Waynesboro, PA 17268
(71 7) 762-3285
Uman League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg. PA 17101
(717) 234-5925
FAX (717) 232-4985
YWCA of Cadisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
ACT 91 / 6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: November 15, 2000
Kenneth 1. Repp
711 Hummel Avenue
Lemoyne, PA 17043
Anna Bann Repp by
Kenneth I. Repp,
Attorney inFact
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT
TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the mortqaqe on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached paqes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO
SAVE YOUR HOME. This Notice explains how the proclram 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 the
counselinq aqency.
The name, address and phone number of Consumer Credit Counselinq Aqencies servinq your County are
listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinq Finance
Aqency toll free at 1-800-342-2397. (Persons with impaired hearinq may call (717) 780-1869.
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VtVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
Homeowner's Name(s):
Property address:
Loan / Account number:
Odginal Lender:
Current Lender / Servicer:
Kenneth I. Repp
711 Hummel Avenue, Lemoyne, PA 17043
0275.040707-292
Mellon Bank, N. A.
Mellon Bank, N. A.
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAm_".
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMY
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 TQ PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURF - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at
the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counselinq aqencies listed at the end of this Notice the lender may NOT take action aqainst you for thirty
(30) days after the date of this meetinq. The names, addresses and telephone numbers of desiqnated
consumer credit counselinq aqencies for the County in which the property is located are set forth at the
end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCF - Your mortgage is in a default for the reason set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
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 PURPOSE ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still app y for Emergency Mortgage Assistance) J
HOW TO CURE YOUR MORTGAGE DEFAULT/Brinq it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located
at: Insert Property Address IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End: July 06, 2000 thru November 6, 2000 at $429.00 per
month.
Monthly Payments Plus Late Charges Accrued
NSF:
Inspections:
Other
(Suspense)
Total amount to cure default
2,220.00
n/a
n/a
n/a
n/a
2,220.00
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A
HOW TO CURE THE DEFAULT ~ You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,220.00, 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: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Bank Center
Room 152-AB50, Pittsburgh PA 15259-0001.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its riqhts to accelerate the mortqaqe debt. This means
the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If fuji payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclose upon your mortqaqe property.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.
Any attorney's fees will be added to the amount owed to the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAL F - If you have not cured the default within
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the d,qht to cure the
default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by payinq
the total amount then past due, plus any late or other charqes then due, reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale a~
specified in writinq by the lender and by performinq any other requirements under the mortqaqe. Curing
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATF - It is estimated that the earliest date that such a Sheriff's
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of
this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Bank Center
Room 152-AB50, Pittsburgh PA 15259-0001; Telephone 412~234-6637; Fax 412-234-7226.
EFFECT OF SHERIFF'S SAI F - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGF - You,,v may or may not (check one)self or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
Very truly yours,
cc: Laura Cortazzo
Loan no. 0275.040707-292
SAIDIS,~SAY
Mailed by 1st Class mail / Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5000 7331
PENNSYLVANINA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397
CUMBERLAND COUNTY
Consumer Credit Counseling Service of Western Pennsylvania, Inc.
2000 Linglestown Road
Hamsburg, PA 17102
(717) 541-1757
Financial Services Uniimited
117 West 3"~ Street
Waynesbom, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 232-4985
YVVCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
JAMES D. FLOWER
IOHN E. SLU<E
ROBERT C. SAIDi~
GEOFFREY S. ~
~OL ~. ~SAY
~O~A ~. KOPE~
~L M. ~DEBO~
J~H L. ~
~0~ E. ~0~
SA/DIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 ~=ST HIGH STREET
CA//IJSLE, PE~FNSYLVANL~ 17013
TELEPHONE: (717) 243-6222 - FACSIM/LE: (717) 2~3-6486
EMAIL: attomey~s$fl-law.com
wsvw.ssfl-law.com
March 9, 2001
Ww_S~ SHOR~ OFEfGE:
CAM:P H1LL, PA iTUll
TELEPHONE: tTLT)737-3405
FACSINfILE: (;17)737-3407
REPLY TO ~
Gregory L. Lensbower,
209 Broadway
Hanover, PA 17331
Esquire
Re: Estate of Kenneth Repp
Dear Mr. Lensbower:
Please be advised that I represent Mellon Bank who holds
a second mortgage on the property owned by the above-
captioned estate at 711 Hummel Avenue in Lemo!rne, Cumberland
County. We note that Mr. Repp is deceased and that you have
taken out Letters of Administration for H. W. Bark_by.
I am sending you a copy of the Act Notices that were
sent out in this matter.
In the interim, could you kindly advise at your earliest
convenience as to what your client's intentions are regarding
this real estate.
Perhaps we would be able to come up with an amicable
resolution since it appears the property is now vacant.
Thank you for your attention to this matter.
Sincerely,
SAIDIS, SHUFF, FLOWER & LINDSAY
Johnna J. Kopecky
JJK:tdm
Cc: Laura Cortazzo, Mellon Bank
~-._ . .~ ~ -.,......--~ ~. ~s '~.
> ~ m 0 ~ ~ ~, ~ ......-' -
~ ~ ~ ~ ~ ~- _ ........
~ ~ ~ m ~ ' Kenneth I Repp
~' ~ ~ ~ [-e~M'~, 71 ~ Hummel Avenue ..........
_~ ~ ~ ~ -- ~ J ~ ~ lemoyne PA 17043
J
Anna Bann Repp
2815 Tall Fir Drive ---~
Dover PA 17315-2287
SHERIFF'S RETURN - OUT OF COUNTY
CA~E NO: 2001-04627 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MELLON BANK N A
VS
BARKBY H W
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
BARKBY H W EXCT
but was unable to locate Him in his bailiwick.
deputized the sheriff of YORK County,
serve the within COMPLAINT - MORT FORE
He therefore
Pennsylvania,
to
On August 15th , 2001 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
York County
18.00
9.00
10.00
28.63
.00
65.63
08/15/2001
Sheriff of Cumberland County
SAIDIS SHUFF FLOWER & LINDSAY
Sworn and subscribed to before me
this ;7~ day of
~ A.D.
! ; Prothonot~r~ '
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
SERVICE CALL
(717) 771-9601
1. PLAINTIFF/S/
2. COURT NUMBER
Mellon Bank 01-4627 civil
3. DEFENDANT/S/ 4. TYPE OF ~*RIT OR COMPLAINT
H.W. Barkby, executor of the estate of Kenneth I. Repp Mort~
eclosure
SERVE ( 5. NAMEOFH.w. NDIVIDUAL__COMPANY, CORPORATiON ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEV ED ATTACHED ORSOLD
6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE)
AT 2015 Tall Fir Dr. Dover, PA 17315
,ND,CATESERV,CE PERSONAL PERSON,N CHARGE X DEPUT,ZE O fSTCLASSM^,L POSTED OTH R
NOW Au_oust 3, 2001 ,20 I, SHERIFF OF ~ COUNTY, PA.~Jo hereby depu~ze the sheriff of
York --- _ COUNTY to execut~l~~u~n~ccO
to law. This deputization being made at the request and risk of the plaintiff. /' ~ '~.~ rding
SHERIFF O.-. ,,.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cl3~TlberlELm-ld
OUT OF COUNTY
ADVANCED FEE PAID BY SHERIFF CUMBERLAND
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within wdt may leave same
withou a watchman, in custody of whomever is found n possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof
9. TYPE NAME and ADDRESS of A1-FORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
SAIDIS, SHUFF, FLOWER & LINDSAY 26 W. HIGH ST. CARLISLE, PA 17013 243-6222 8-2-01
12. SENDNOTICEOFSERVICECOPYTO NAME AND ADDRESS BELOW: (Thisarea must becompletedifnoticeistobe mailed)
CUMBERLAND CO. SHERIFF
'
13, I acknowledge receipt of the writ 14, DATE RECEIVED 15, Expiration/Hearing Date
o~complaintasindicatedabove. R. AHRENS 8-6-01 9-1-01
16. HOWSERVED: PERSONAL( ~ RESIDENCE'~ POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS SELOW
17. C] I here.~)' certify and return a NOT FOUND because fat ~able to locate the individual, company, etc. named above. See remarks below.
.1 ~ NAM/_E~JD TITLE OF IND~IDU)j~ SER~I~DJ~LIST ~DRESS HEllE IF I~Om SHOWN ABOVE (Relationship to De~endant) I 19, D~te ~ff Sen/ice J 20 Time of Sen/ice
22, REMARKS~g]~L~]~(,~i,.~I - ~r21 ATTEMPTS- '__ M es Int. Date ir~e ~iles- ~lt, J ~]Dat Time Miles Int. I Date Time Miles Int. J Date Time M~esllln~ Diate~Ti~ee~Milel~ln,l ] '
ostage 28. Sub Total 29. Pound 30. Nota/y 31. Su chg./32 To~. Costs 33 C~sts D~. Refund~i~6ecl[/No
~, S~gnatum York 47, ~T~
~ .o~i 48. ~na~m of Foreign
OF AUTHORIZED ISSUING AUTHORI~ AND TITLE I 51 DATE RECEIVED
MELLON BANK, N.A.,
Plaintiff
H. W. BARKBY, EXECUTOR OF THE
ESTATE OF KENNETH I. REPP,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLANq) COUNTY, PENNSYLVANIA
: NO. 01-4627 CIVIL TERM
:
: C1VIL ACTION - LAW
: MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the Complaint filed in the above-captioned matter on behalf of Mellon
Bank, N.A.
Date: July 14, 2003
Respectfully submitted
By:
Matthew J. Es ~elman, Esquire
Supreme Corn f ID #72655
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
~WER & LINDSAY