HomeMy WebLinkAbout02-4831Spear & Hoffman, P.A.
BY: BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 9556143
MANUFACTURES & TRADERS TRUST
MORTGAGE CORPORATION SUCCESSOR
BY MERGER KEYSTONE FINANCIAL BANK
N.A FORMERLY KNOWN AS
PENNSYLVANIA NATIONAL BANK &
TRUST COMPANY
P.O. BOX 840
1 FOUNTAIN PL., 7TM FL
BUFFALO, N.Y. 14203
PLAINTIFF,
VS.
NIKKI E. KNERR
1409 BRANDTON RD
MECHANICSBURG, PA 17055
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. (~::;~1, ~.A/at~ [
COMPLAINT - CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and
a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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 17103
(717) 249-3166
SHERIFF'S RETURN -
CASE NO: 2002-04831 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
KNERR NIKKI E
REGULAR
DAWN KELL Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
KNERR NIKKI E the
DEFENDANT at 1714:00 HOURS, on the 9th day of October , 2002
at 1409 BP3~NDTON RD
MECHANICSBURG, PA 17055
NIKKI E KNERR
a true and attested copy of COMPLAINT -
by handing to
MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this /9/ ~ day of
(~.ciz/~,_ , ~3 ~V 2_, A.D.
~Pz~ot honot ary
So Answers:
R. Thomas Kline
10/10/2002
SPEAR & HOFFMAN
Deputy Sheriff
AVISO
Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la
notifieacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la
corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea
avisado que si usted no se defiende, la torte tomara medidas y puede eontinuar la demanda en contra
suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandato y requiere
que usted cumpla eon todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedades o otros dereches importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
Spear & Hoffman, P.A.
BY: BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 9556143
MANUFACTURERS & TRADERS TRUST
MORTGAGE CORPORATION SUCCESSOR
BY MERGER KEYSTONE FINANCIAL BANK
N.A FORMERLY KNOWN AS
PENNSYLVANIA NATIONAL BANK &
TRUST COMPANY
P.O. BOX 840
1 FOUNTA1N PL., 7TM FL
BUFFALO, N.Y. 14203
PLAINTIFF,
VS.
NIKKI E. KNERR
1409 BRANDTON RD
MECHANICSBURG, PA 17055
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. ~ -~ d~/J>3 ]
COMPLAINT 1N MORTGAGE FORECLOSURE
1. Plaintiff is MANUFACTURES & TRADERS TRUST MORTGAGE CORPORATION
SUCCESSOR BY MERGER KEYSTONE FINANCIAL BANK N.A FORMERLY KNOWN AS
NATIONAL BANK, Authorized to do business in Pennsylvania pursuant to Certificate of Authority
#965 lwith its principal place of business located at P.O. BOX 840 1 FOUNTAIN PL., 7TM FL
BUFFALO, N.Y. 14203.
2. The names and last known addresses of the Defendants are: NIKKI E. KNERR, 1409
BRADTON RD MECHANICSBURG, PA 17055.
3. The interest of each individual Defendant is as mortgagor, real owner of the real
property subject to the mortgage described below, or both.
4. On or about 06/01/00, Mortgagors made, executed and delivered a Mortgage upon the
premises hereinafter described to PENNSYLVANIA NATIONAL BANK & TRUST CO, which
Mortgage is recorded as follows:
, Office of the Recorder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE: 06/01/00
DATE RECORDED: 06/02/88
BOOK: 905 PAGE: 484
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g).
A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by
reference.
5. On or about 06/01/00, in consideration of their indebtedness to PA NAT'L BANK &
TRUST CO, NIKKI E. KNERR made, executed and delivered to PA NAT'L BANK & TRUST CO their
promissory Note in the original principal amount of $160,000.00. The Note is referenced herein only
insofar as the terms of the Note are incorporated into the Mortgage.
6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original
Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the
Mortgage by virtue of the following assignments:
ASSIGNOR: N/A
ASSIGNEE: N/A
DATE OF ASSIGNMENT: N/A
RECORDING DATE: N/A
BOOK: N/A PAGE: N/A
7. The Mortgage is secured by property located at 1409 BRANDTON RD
MECHANICSBURG, PA 17055, which is more particularly described in the legal description attached
hereto as Exhibit "B" and incorporated herein by reference.
8. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, due 5/01/02 and monthly thereafter are
due and have not been paid, whereby the whole balance of principal and all interest due thereon have
become immediately due and payable forthwith together with late charges, escrow deficit (if any), and
costs of collection including title search fees and reasonable attorney's fees.
2
The following amounts are due on the Mortgage:
Principal Balance
8.5% interest from 4/01/02 to
09/25/02 at $24.03 per day
Accrued Late Charges
Other Fees
Recoverable Advances
Attorney's Fees
TOTAL AMOUNT DUE
$103,204.89
4,277.34
$29.94
$45.00
$8.50
$2,829.50
$110,395.17
Interest continues to accrue at the per diem rate of $24.03 for every day after 09/25/02 that the
debt remains unpaid.
10. During the course of this litigation costs may continue to accrue, including but not
limited to escrow advances, late charges, attorney's fees, etc.
11. 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 Sheriffs Sale. If the
Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore,
Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable.
13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to
Defendants, dated 07/25/02. Copies of the notices to the defendants are attached as Exhibit "C".
Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed
in the notice and/or have further failed to meet the time limitations specified in the notice and/or have
been denied assistance from the Pennsylvania Housing Finance Agency.
3
14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D".
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment 1N REM in favor of Plaintiff
and against the within named property of the Defendants in the amount set forth in paragraph 9, together
with interest accruing after 09/25/02 to the date of Judgment, plus 6% legal rate of interest fi.om date of
Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter
expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or
repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant
to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale
of the Mortgaged property.
DATE:
SPEAR & HOFFMAN, P.A.
4
VERWICATION
The undersigned hereby states that he/she is an authorized officer, representative or agent for
Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and
that the facts set forth in the foregoing Complaint are taken from records maintained by persons
supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the
ordinary course of business and that those facts are tree and correct to the best of his/her knowledge,
information and belief.
THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION
TO AUTHORITIES.
Date:
Name: Peri Sarac-Flihan
Company: Manufacturers & Traders Trust Co.
Title: Banking Officer
Exhibit "A "
ALL that ~a~n lcgc of ~o0nd situate /n Lo~er Allen Township, CLmg~-rla~d
Co~ty, l~xmsylvarda, more particularly bcur~ and d~scribed as follow~, to wit:
~INNING at a point c~ the westerly line of Bra~con road at the southerly line
of lands n~w or late of ~ HassLnger, formerly NLssley Carl vandlin~ and
(:m~rlotte Parker Var~lir~, his wife; thence ~y alc~x/ Brandton R~ad by a
curve to the right havir~j a 1-ad/us of 1049.64 feet, an arc distance of 214.75
feet to a point; thence still alor~ said lin~ of Brar~lton 1%~ad south 4 dec3rees 6
minutes 30 seoc~ds west 27.5 feet to a point; thence by Iot No. 24 as shown o~
Section No. 4 of Bra~dton south 56 dowries 19 minutes west 283.72 feet to a
stake; thence by the same south 82 degrees 59 minutes west 136.8 feet to a stake.;
thence by other land new or late of Carol Bigler Br-ondt north 67 dec3rees 29
~ut~ west 254.6 feet to a point at a park area; thence alc~g said park area
north 10 doTree~ 25 m/r~tes east 351.33 feet to a point at the southerly line of
lands of Hm~singer aforesaid; thence by th~ latter lands south 87 d~f3rees 9
mlnut~ east 538.64 feet to the westerly line of Br~n~tc~ Road, the plac~ of
RETNG Lot No. 15 as shown on Section 4, Brandton, recorded in Plan ~ook 20, Page
6, Cumberland County P~rder of D~ Office, and the southern h~lf of Imt No.
16 as shown on Section 1, B~-andton, r~col~led in Plan Rook 9, Pacje 14, Cumberland
C~unty P~corder of De~ds Office.
HAVING theroc~ erected a o~e story brick and fran~ dwellin~ numbered 1409
Braedton Road, ~~, P~nnsyluania.
and conveyed to Nikki E. Fr~rr, the mort~3agor and bo£~ower herein.
Em~TBIT A
Exhibit "B "
MORTGAGE
THIS MORTGAGE t'Secur y Instrument"} s g yen on June I t
19...8.8.... The Mo,gagor is . N~kk.*..~;,.. ,K~J~r. .......... ~ ~ .......... i~i ...........iiiiii~i~.;
....................................................................... ("Borrower"}. This Sccu6ty [nstrumcn! is given to
PENNSYLVANIA NATIONAL RANK AND TRUST COMPANY, which is organized and existing under the laws
of . .~, h ~,..[,ID.~, ~ ~.0.,. ~..E. ~.. ~.~ 4, .Q~.. ~ ~..l~.i.C p. ........ and whose address is One South Centre Street, PoltsviU¢,
Pennsylvania 17901 ("Lender"}. Borrower owes Lender the print pa sum of 0n~ HUng~{~ Sixty
Thousand ....................... O0 ' '~ ...........................
................................................................ /.9 ~ollars (U.S. $....6.0., .g~, 9 Of his debt is evidenced
by Borrower's note datcd the same date as t his Security Instrument ("Note"}. which provides for monthly payments, with
the full debt. if not ~aid earlier, duc and payable on ... JLIRe.... 1 ,...~.Q,I,~ ............. This Security Instrument
secures tn Lender: (a) the repayment of the debt evidenced by thc Note. with inlerest, and all renewals, extensions and
modifications; (b} thc payment of all uther sums, whh interesl, advanced under paragrfiph 7 to protect the security of this
Security Instrument: and (c) the performance of Borrower's covenants and agreements under this Security Instrument
and thc Note. For this purpose. Borrower does hereby, mortgage, grant and convey o Lender the following described
~ro-e-,, Iocate~ ;- Cumberland Count .
r ~ .~ .................................... ~x. ......................................... County, Pennsylwma.
See Exhibit "A" attached hereto and made a part hereof.
which has the address of 1_4,.0..9..B..~..a..n..d$.o.n Ro.a.d Mechan:[csbur~r
' 'zh',~i .....................
Pennsylvania.... ~..7.0..5..5. ................. ("Property Address"};
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, dghls,
appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter a par[ of the property. All replacements and additions sh all also be covered by this Security Instrument. AI1 of
the foregoing is referred to in this Security InStrument as the 'Property.'
RORROWER COVE?JAN/S that Borrower is lawfully Seised of thc estate hereby conveyed and has thc 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 thc title to thc Property against all claims and demands, subject to any
encumbrances of record,
limited variations by jurisdiction to constitute a uniform sccurity instrument co..,ering real property.
basis of current dala and reasonab~; ~s~imal~s of future escrow items.
Thc Funds shall bc held in an ~ns~tul[on ~hc deposits or accounts o[ wh~c~ a~e ~nsured or guaranteed by a federal
or s~ale agency (including Lender ~f Lender is such an ins~ilmion). Lender shall apply (he Funds to pay Ibc escrow
Lender may no~ cha~gc [or holding and applying ~hc Funds. analyzing ~he account o~.verifying the escrow hems, unless
Lender pays Borrower intcrc~l on Lhc Funds and applicable law permits Lender ~o make such a charge. Borrower and
l.cndcr may agree ~n writing that inlcrcs~ shah be paid on the Funds. Un~ess an agreement is made or applicabl~ law
requires inlcrcsl to bc paid. Lender shall no~ bc rcqulrcd 1o pay Borrower any inheres: or carn~ngs on Ibc Funds. Lender
shah give ~o ~orrowcr, without charge, an annual accounting of Ibc Funds showing credits and debris ~o thc Funds and
~hc purpose [or which each debit ~o ~hc Funds was made. Thc Funds arc pledged as additional sccur~y ~or thc sums
secured by this Sccurhy Ins~rumcnL
If ~hc amounl of thc Funds h~ld by Lender, Iogc.thcr ~th thc future monthly payments o[ Funds payable prior to
~hc duc dates of ~hc escrow ~cm~. s hah exceed ~hc amou nl rcq uircd ~o pay ibc escrow items when duc, ~ hc excess shah be,
at Borrower's option', c~hcr promptly repaid ~o Borrower o r credited [o Borrower on monthly payments of Funds,
amount of~hc Funds hc~d by Lender is not suf~cicn~ to pay thc escrow ~ems when duc, Borrower shah pay to Lender any
amount necessary Io make up Iht deficiency in one or more payments as required by Lender.
Upon paymen~ in tull Of aU sums secured by ~his Sccurlty InstrumcnL Lender shall promptly refund ~o Borrower
any Funds held by Lender. I f under paragraph 19 Ibc Properly is sold or acquired by Lender, Lender shall apply, no la,er
Ihan immediately prior ~o thc sale of ~hc Property or i~s acquisition by Lender, any Funds held by Lender at
applicalion as a crcdh against the sums secured by this Sccurlty lns~rumcnL
3. ApplicaOon of Paym~nls. Unlrss applicable law provides otherwise, ~B payments recciwd by Lender under
paragraphs I and 2 shall bc applied: ~rsL to la~c charges duc under ~hc No,c; sccond, ~o prcpaymcnl charges duc under
~hc Nolc: third, to amounts payabtc under paragraph 2; [ourth, ~o interest duc: and [asL Io principal duc.
4. Char~: Liens. Borrowcrshall pay all taxes, assessments, charges, fines and impositions attributable ~o Ihc
Property which may attain priority over ~h[s Security InstrumcnL and leasehold paymcnts or ground ren~s, if qny.
Borrower shalt pay I hose o bliga~io ns ~n ~hc manner provided ~n paragraph 2, or ~f not paid in that manner, 8orrowcr shaU
pay ~hcm on time directly ~o ~hc person owed payment. Borrower shall promptly furnish to Lender ail notices o[amounts
to b~ paid under ~hls paragraph. 1[ Borrower makes these payments d~rcctly, Borrower ~haH promptly furnish to Lender
receipts evidencing thc paymcnls.
~orr~cr shall promptly discharge any lien which has priority over ~his Security Instrument un~ess Borrower: (a)
agrees ,n writing to ~hc payment of thc obligation secured by ~hc lien in a manner acceptable to Lender; (b) contests
good faith thc lien by, or dc[ends against enforcement of ~hc Mca in. Icga] proceedings which ]n ~hc Lender's op~nlon
operate ~o prevent Ibc enforcement of thc 5ca or forfeiture of any pa~ of ~hc Pronely; or (c) secures from
~hc [~cn an agrccmcm sa~i~facto~ ~o Lender subordinating Ibc lien to ~h~ Security lns~rumenL If Lender determines ~hat
any par~ of thc Propc~y is subjcc~ to a I~cn which may a~a[n priority over this Security InstrumcnL Lender may give
Borrower a no,icc ~dcntifylng thc lien. Borrower shah satisfy ~hc lien or ~akc one or more of ibc actions sc~ forth above
w~h~n I0 days o[ Ibc g~ving of no,icc.
~. H~zard Insurance. Borrower shall kccp thc imp~ovcmcnls now existing or hcrca[tcr creeled on thc
Propcr~y insured aga~ns~ (oss by fire. hazard~ included within thc ~crm "cx~cndcd coverage" and any o~hcr hazards for
which Lender requires ~nsurancc. This insurance shah bc maintained in thc amounts and for the periods ~hat Lender
requires. Thc insurance carrier providing thc insurance shall be chosen by Borrower sub,:ct to Lender's approval which
shall not bc unrcnsonably w~hhcld.
All insurance policies and renewals shall bc acceptable ~o Lender and sham include a standard mo~gagc clause.
l.cndcr shall have Ibc r~ght to hold ~hc policies and renewals. If Lender requires, Borrower shah promptly give ~o Lender
all r~ccip~s of paid premiums and renewal nolices. In thc cvcn~ of loss. ~orrowcr shah g~vc prompt notice to ~hc ~nsurancc
carrier aqd Lender. Lender may make prdo~ of Ios~ if not made promptly by Borrower.
Untcxs Lender and Horrowcr otherwise agree ~n writing, insurance proceeds shall bc applied [o restoration
repair of Ibc Properly damaged, if~hc rcs~oral~on or repair is economically [casiblc and Lender's sccurity ~s not lessened.
If ~hc rcslora~on or repair is no1 economically feasible or Lender's sccurilv wou~d bc lessened, Iht insurance proceeds
shall bc applied to ~hc sums secured by ~h~s Sccurily InstrumcnL whether or not 1hca duc, wi~h any excess pa~d
Borr. owcr. If Bo r ro~'e r abandons Ibc Propcr~y. or docs not answer wit bin 30 days a notice from Lender Iha~ Ibc insurance
carrier ha~ offered ~o se~(c a claim. Ihc Lender may collect ~hc insistence proceeds. Lender may usc ~hc 9rocccds ~o ~cpair
or restore thc Properly or to pay sums secured by this Sccur~y Instrument, whclhcr or not then duc. Thc 30~ay pcrlod
will begin when ~hc no,icc is g~vcn.
Unless Lender and Bor~owc~ o~hcrwisc agree ~n wriling, any application o(procccds ~o principal shall not extend
or postpone the duc date of ~hc monthly payments referred ~o in paragraphs I and 2 or change ~hc amoun~ of the
paymcnls. I[ under paragraph [9 ~he Property is acquired by Lender. Borrower's right ~o any insurance pol~cic~ and
procccd~ re,ailing from damage ~o Ibc Property prior (o Ihc acqulsit ion shah pass to Lender Io thc extem o[ ibc sums
secured by ~hi~ ~ccurily Ins~rumcn~ immcdlalcly prior lo thc acquisilion.
chan~c Ibc Propcr~y. allow tl~c Property ~o dc~crioralc or commit w~sslc. If this Security [nslrumcnl is on a leasehold,
7. Proleclion o~ Lende~ Righls in lhe Property; Morlgage Insurance. Ii Borrower fails to perform thc
covenants and agrccmcms conlaincd in this Sccurily Instrument, or ~hcre ~s a legal proceeding that may significantly
agfcct Lender's r~ghts in thc Properly (such as a proceeding Jn ban kruplcy, probate, fo~ co ndcmnation or to ca[oreo laws
~r regulations), then Lender may do and pay far whatever is necessary 1o pro~cct thc value of thc Property and Lcnder*s
r~ghts in Ibc Pre,ny. Lender's actions may include paying any sums secured by a Hen which has priority over this
by mailing }{ by firsl class mail unless app{icable la~, requires usc of anoiher method. Thc nolicc ~hal{ be dirccled
15. Governing Law; SeverabiHiy. This Securily Jnslrumenl shah be eovcrncd b~' fedora} ]aw and the la~'
jurisdiction in which thc Propc~y la located, in ih~ event that any provision or clause ofl~ls ~ccurily Jn~lrumunt or
~hich can bc given cffccl ~iihoui {hc con~{ciin~ provision. To lhis end ibc provisions of ibis ~c~ur{ty {n~irumcnl and
proh{bd[cd by federal {aw as of {he da{c of {h}s ~ccur{iy
If Lender exercises Ihis oplion. Lender shall give Borrower notice of accelcfalinn. Thc re}lice shall provide
Exhibit "C"
M&T Mortgage Corporation
A SUBSIDIARY OF M&T BANK · Over ]40 Y~ars of Experience Behind Us
July 25, 2002
Nikki E Knerr
1409 Brandton Rd
Mechanicsburg PA 17055
RE: Homeowner's Name(s): Nikki E Knerr
Property Address:
Loan Acct.No.:
Curent Lender/ Servicer:
1409 Brandton Rd
Mechanicsburg PA 17055
955614-3
M&T Mortgage Corporation
HOMEOWlqER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBILE
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 FORECLOSURE -- Under the Act, you are entitled
to a temporary stay of foreclosure on your mortgage for thirty (30)
days form the date of this Notice. During this 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 COIINSELING AGENCIES -- If you meet with one of the
consumer credit counseling agenices 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
country 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,
M&T Mortgage Corporation · Correspondence · RO. Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation · Payments · RO. Box 444, Buffalo, New York 14240-0444
1-800-724-1633
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 ot' the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help~ you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you ~vhen 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 Housin~ 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 yourarea. 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 VIV1ENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TR.&DUCCION
INMEDITAMENTE LLAMANDO ESTA AGENC1A (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PiLESTAMO POR EL PROGRAMA
LLAAViADO "HOMEO;VNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERi)IDA DEL
DERECHO A REDIM1R SU HIPOTECA.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
APPENDIX C
SULL~ANCOUNTY
I400 Abingt6n Ex~t~ve Park
Suite 1
Clar!~ Summitt. PA 184t [
(570)587-9[63 OR 1-800-922-9537
FAX # (570)587-9134/9 ! 35
31 W. Market SL
Wilkes-Ban~ PA 18702
(570)8214)837 or 800-922.-9537
FAX#(570)821-1785
185 ELmira Street
P.O. Box 218
Troy. PA 16947
(570) 29%2 I01
FAX(570)297-2799
The Trehab Center of Northeastern PA -
German Street. P.O. Box 389
Duaho~ PA. 18614
(570) 928-9668
FAX(570)928-8144
17 Craflon
Weilabor~ PA16901-
(570) 724-5252
FAX(570)724-5783
931 Main St.tact
Hon~flala PA 18431
· (570) 253-8941
FAX(570)2-~34817
103 Warren Street P.O. Box 709
Tualdmnnock PA 18657
(570) 836-6840
FAX(570)836-6332
7 Laka Aven~ Box 339
Mont~ae~ PA 18801
(570) 278-3338 or 1400-9824045
FAX# (570) 278-1889
SOSQUEHANNA COITNTY'
CCCS of Northeastern Peunsi'vw'arda
1400 Abiagton ExecUtive Park 31 W. Market SL
Suite I · Wilk~/-Barm PA 187011
Clar~ Sum.mitt. PA 18411 (570)82141837 or 800-922-9537
(570)587-9163 OR 1-800-922-9537 FAX#(5703821~I785
FAX # (570)587-9'13419135
Tmhab Centei' of Northeastern PA
185 FImim Strict
P.O. Box 218
Troy.. PA 16947 ·
. (570) 297-2101
FAX(S70)297-2799
'G~'man ~;tr~t. P.O. Box 389
Du~har~ PA 18614
(570) 928-9668
FAX(570) 9284144
17 Crai~a $treat
Walhbom. PA 16901
(570)724-5252
FAX(570)724-5783
931 y~i- Strut
Honestale PA. 18431
(570) 2534941
FAX(570)2334817
103 Warren $tract. P.O. Box 709
· Tunkhnnmx:k PA 18657
(570) 8364840
F)~X(570)836'6332
7 ?~ Avcmm. Box 339
Montros~. PA 18801
(570) 278-3338 or 1400-9824045
FA.Y-J/(570) 27~-18,~9
m
n
Postage
Certified Fee
Return Receipt Fee
(EndorSement Required)
Restricted Delivery Fee
(Endorsement Required)
$
Total Postage & Fees
Postmark
Here
PS Form 3800, February 2002
US Postal Service Certified Mail Receipt
M&T Mortgage Corporation
1-800-724-1633
ASUBSIDIAi~OYM~BANK.Overi4OTea~K~pe~enceBe~d~
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 POMPTLY. 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 (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 kRE 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
your property located at: 1409 Brandton Rd
Mechanicsburg PA 17055
is SERIOUSLY IN DEFAULT because:
above lender on
YOU HAVE NOT MA_DE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Regular monthly payments of $ 694.45 for the months of
05-01-02 through today's date.
Other charges: Accrued late charges:$ 33.96
Accrued other fees: $ 15.00
TOTAL AMOUNT PAST DUE: $
4217.59
CL 951
M&T Mortgage Corporation · Correspondence · RO, Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation · ?aymer~ts · RO, Box 444, Buffalo, New York 14240-0444
M&T Mortgage Corporation
~sunsiDhU~'OFM~Bmqd,Overl40~a~perienceBehind ~
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 $ 4217.59, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made by cash, cashier's
check, certified check or money order made payable and sent to:
M&T Mortgage Corporation
One Fountain Plaza/ 7th Floor
Attn: Payment Processing
Buffalo, NY 14203
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 rights to accelerate the mortgage debt.
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 foreclosure 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) DAY period,
you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue your 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 fees and costs connected with the foreclosure
sale and 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 had never defaulted.
M~ MortgageCorporatJono ~rre~ondence. RO, Box840, Suffalo, New ~rk14240-0840
M~ MortgageCorporationopaymen~o RO. Box444, Buffalo, New ~rk14240-0444
MaT Mortgage Corporation 1-8oo- 24-%
^s~StDIA~YoF~B~qK.Over140~a~'Experi~nce~h~d ~
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the
earliest date that such a Sheriff's Sale of the mortgaged property
could be held would be approximately 10 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 contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender~:
Address:
Phone Number:
M&T Mortgage Corporation
P.O. Box 840
Buffalo, NY 14240
800-724-1633
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff's Sale
will end your ownership of the mortgaged property and your right
to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and
other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or 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 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 OCCURED, 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 FEDEP~AL BANKRUPTCY LAW.
Sincerely, CL 955
Kristine Stark
Eric: 4 1 M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation · Payments · P.O. Box 444, Buffalo, New York 14240-0444
Exhibit "D "
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION
PRACTICES ACT, tlffj~ Act) 15 U.S.C. SECTION 1601 AS AMENDED
1. This law firm may be deemed a "debt collector" under the Fair Debt Collection
Practices Act. Any and all information obtained during the prosecution of this lawsuit may be
used for the purpose of collecting a debt.
2. The amount of the debt is stated in th~ attached letter.
3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed,
or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney
represents the interests of the Plaintiff.
4. The debt described in the letter evidenced by the copy of the mortgage note attached
hereto will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days
after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof.
5. If the debtor notifies the creditor's law firm in writing within thirty days of the receipt
of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a
verification of the debt and a cdpy of the verification will be mailed to the debtor by the creditor's
law firm.
6. If the creditor named as Plaimiffin the attached letter is not the original creditor, and
if the debtor makes a written request to the creditor's law firm within the thirty days from the
receipt of this notice, the name and address of the original creditor will be mailed to the debtor by
the creditor's law firm.
7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE
T['~ "* ' ,IDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT
UNT1L THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF,
HOWEVER~ YOU REQUEST PROOF OF TIlE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR WITHIN THE THIRTY-DAY PERIOD TIlAT BEGINS WITH YOUR RECEIPT OF THIS
LETTER~ TIlE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT
IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACItED COMPLAINT
WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED
INFORMATION TO YOU. IF YOU P, JEQUEST VALIDATION OF THE DEBT, AS STATED
HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND
COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION
8. Written requests should be addressed to Spear & Hoffman, P.A., at 1020 North Kings
Highway, Suite 210, Cherty Hill, NJ 08034.