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Home My WebLink About02-5467MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Cenlar Federal Savings Bank 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff Vo Michael G. Bennett Lynn M. Bennett a/k/a Lynn Marie Bennett 807 Allen Street New Cumberland, PA 17070 Defendant (s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION -Cumberland County iNO. 02.-7 COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish claims set forth in the following pages, to defend against the within twenty (20) days after this Complaint you must take action 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le hah demandado a usted en la ¢orte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes' usted ~iene vein~e (20) dias de plazo al partir de la fecha de la demanda ¥ la no~ifica¢ion. Hace fal~a ascentar una comparen¢ia escrita o en persona o con un ahogado ¥ en~regar a la corte en forma esorita sus defensas o sus ohje¢iones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corse ~omara medidas y puede ¢on~inuar la demanda en contra suya sin previo aMiso o notifica¢ion. Ademas, la corte puede de¢idir a £avor del demandante y requiere que us~ed cumpla con todas las provisiones de esta demanda. Us~ed puede perder dinero o sus propiedades u o~ros derechos impor~antes para usted. LLEVE ESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVlCIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON'DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Foster Mortgage Corporation Assignments of Record to: Cenlar Federal Savings Bank Recording Date: 6/11/98 Book: 579 Page: 21 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 807 Allen Street MUNICIPALITY/TOWNSHiP/BOROUGH: Borough of New Cumberland COUNTY: Cumberland DATE EXECUTED: 6/3/86 DATE RECORDED: 6/10/86 BOOK: 818 PAGE: 13 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail refuses to comply with the terms of the Mortgage as follows: (a) (b) o 11/8/02: or by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of Principal of debt due and unpaid Interest at 9.875% from 6/1/02 to 11/8/02 (the per diem interest accruing on this debt is $12.60 and that sum should be added each day after 11/8/02) Title Report Court Costs (anticipated, excluding Sheriff,s Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $161.63 and that sum should be added on the first of each month after 11/8/02) Late Charges (monthly Iate charge of $21.45 should be added in accordance with the terms of the note each month after 11/8/02) Other Fees Due Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $46,590.12 869.40 250.00 280.00 77.22 21.45 87.55 2 329.51 $50,505.25 7. The attorney,s fee 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 in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner,s Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $50,505.25 plus interest, costs and attorneys fees as more fully set forth ~the Complaint, and for foreclosure and sale of the Mortgaged\i~ils' Mark E MARK ~. UD~EN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 /~i~RTLIN T~ACT OR PARCEL '~'~ T~. ~D~T?~, ~'~ ~ ~ ~ISES, SI~ATE, LYIN~ ~ BEIN~ IN T~ BOROUGH OF ~ C~E~, IN T~ ..... ~ m=~U~ AS FOLLOWS: BE~I~IN~ AT THE NORT~ST CO~R OF ~L~ ST~ET (50 FEET WIDE) ~ EI~H ST~ET (50 FEET WIDE) TH~cE ~ON~ ~L~ ST~ET NOR~ 45 DE~s 24 ~ES ~ST 118.18 FEET T0 ~ NOW OR FO~y OF ROBERT W. R~DIN~; T~CE ~ON~ S~D ~ NOW OR F0~y OF ~DIN~ NORTH 47 DE~ES 48 NOW OR FO~y OF C.C. DAVIS; T~CE ~ON~ SAID ~ NOW OR FO~y OF DAVIS SO~H 45 DEGREES 24 ~ES ~ST 118.18 FEET TO T~ NORTH SIDE OF EI~H ST~ET; T~CE BY T~ NQRTH SIDE OF EI~H ST~ET S0~H 47 DE~ES 48 ~ES ~ST 110 FEET TO T~ ~ST SIDE OF ~L~ ST~ET, T~ P~CE OF BE~I~IN~. ~VIN~ T~ON E~CT~ A SINGLE D~LLIN~ HOUSE ~0~ ~ 807 ~L~ STREET. 0CT-21-2002 1~:S8 CENL~R OCENLAR? CF. NTRAL LOAN ADM]NISTRA11ON & R~POr(I'ING /60800) 242-7.1.78 9) $38-0088 (in New $crscy) P.02/13 ~e~te~ber Og, 2002 Michael G Bennett 807 Allen Street New Cumberland PA 17070 Mortgaged Property: 807 Allen Street ~ew Cumberland PA 17070 YOUR MORTGAGE IS IN DEFAULT FOR THE RRASONS SET FORTH iN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAy LOSE YOUR HOME. IF YOU WAIST TO SAV~ YOUR HOME FROM FORECLOSURE, YOU MUST T~tKE ACTION NOW BY EITHER: 1, CURING THE DEFAULT - This notice exDlains the nature of the default and your rights to protect your interesu in your home (See Section 403 of the ACt of January 30, 1974 (P.L.13, No. 6), 41 P.S. Section 403)i OR 2. APPLYING TO THE HOMEOWNERs EMERGENCy MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE W~ICH CAN SAVE YOUR HOME F~0M FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the Dro~ram works. You MUST MEET WITH A CONSUMER CR~IT COUNSELING AGENCY WITHIN 30 DAYS OF T~E DATE OF TKIS NOTICE IN ORDER TO APPLY. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1650.409c. If you need more information, call the Pennsylvania Housing Finance A~enc¥ at 1-800-342-2397. LA NOTIFICACION EN ADJI/NTO ES DE SUMA IMPORTANCIA, PI/ES AFECTA SU DERECHO A COI~TINUAR VIVIE~q)O EN SU CASA.. SI NO COMPRENDE EL CONTENIDO DE ESTA - NOTIFICACION OBTmN~A UAIA TRADUCCION INMEDITAMENTE LLAMANDO RSTA AGENCIA (PENNSYLVANIA HOUSING FiNANcE A~NCY) SIN CARGOS AL NUMER0 MENCIONADO ~P~RIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LL~0 "HOMeOWNeRS EMERGENCY MORTGAGE ASSISTANCE PROGRAM,, EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECH0 A REDIMIR SU HIPOTECA. EMERGENCY MORTGAGE ASSISTANCE PROGRAR YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM ~ORECLOSURE AND HELP YOU MAKE FUTURE MORTGA~E PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS 0F T~E HOMEOWNER,S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("THE ACT,,), YOU MAy BE ELIGIBLE FOR EMERGENCY MORTGAG~ ASSISTANCE IF YOUR DEFAULT RAS BEEN CAUSED BY CIRCUMSTANcEs BEYOND YOUR CONTROL, IF YOU HAV~ A RP~ASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU M~ET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY T~E PENNSYLI~IA HOUSING FINANCE A~ENCY, PLEASE READALL OF T~IS NOTICE, IT CONTAINs AN F~Y~LANATION OF YOUR RIGHTS. XC1~7 004 CCM Certified Mail NO. Account No. 0002770691 EXHIBIT A No. 0002770691 TEMPORARy STAY OF PORECLOSUR~ _ Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thir%y (30) days from the date of this Notice. During that time you must arrange and strand a "face-to-face- meeting With a rel~resentative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment Dian or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITRIN THE NEXT (30) DAYS. ROW TO CONTACT THE CREDITOR: Name of Creditor: Central Loa~ Administration Address~ P.o. Box 77410 Ewin~, NJ 08618 Telephone NUmber: 1-800-242-7178 Contact Person: MS. PULLI CONSUMER CREDIT COUNSELING AGENCy - If you meet With your creditor or with a consumer credit co%%nseling agency identified in this notice, the creditor may ~OT take action against you for thirty (30) days after the date of this meeting. T~LE NAMEs AND ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTy IN WHICH' THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTACHED S~EET. It is only necessary to schedule one face- to-face meeting. A~vise your creditor I~IATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE_ Your mortgage is in default for the reasons set forth in this Notice. I£ you have tried and are Unable to resolve this problem with the ' Program. To do so, you must fill out, sign and file a uompleted ~omeowner, s ~mergency Assistance Pr°gramADDlication with one of the designated consumer Credit counseling a~encies listed on =he attachment. Only consumer credit counseling agencies have aDplications for the program and they will assist you in Submitting a con,plate aDplication 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 ~ILE YOUI~A~PLICATIoN PROMPTLY. IF YOU PAIL TO DO SO OR IF YOU DO NOT POLLow T~E OTHER TIME PERIODS SET PORTH IN T~IS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELy ~ YOUR APPLICATION P0R 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. It is extremely i~por~ant that your XC178 008 CCM .U~l-~Z-~ Z~;D~ ~LHR 6096563036 P,04/~3 Page 3 Loan No. 0002770691 application is accurate and complete in every respect. The Per~asylvania 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 PENNSYLVANIA ROUSING BINANCE AGENCY IS LOCATED AT 2101 NORTH ~RONT STREET, POST O~FICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHON~ NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NU~ER) PERSONS WITH IMPAIRED HEAi~ING CA/~ CALL (717) 780.-1869. ' HOW YOUR MORTGAGE IS IN D~BAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 807 Allen Street , New Cumberla~ld PA 17070 IS S~RIOusLY IN DEFAULT because: A. YOU HAV~ NOT MADE TH~ MONThLy MORTGA~E PAYMENTS for the followins months, and =he following amounts are now past due: 7/1 T~ROU~R 9/1 PAYMENT % (3) $697.84=$2,093.52 Monthly Pa~ents Plus Late' Char~es Accrued: NSF: Inspections: Other: (Suspense): TOTAL AMOUI~ TO CD-P~ DEFALTLT: B. YOU HAVE PAIL~D TO T~KE R~INSTATE THE LOAN 2,157.87 53.55 2,211.42 ~0W TO CURE THE DEFAULT- You may cure the default within THIRTy (30) DAYS of the date of this notice ~y PAYING T~E TOTAL AMOU1TT PAST DUE to ~he creditor Plus any additional monthly payments and la~e charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier,s check, certified check or money order made payable and sent to: Central Loan dm~n~stration 425 Phillips Blvd. Ewin~, NJ 08628 Attn: Cash Management Department You can cure any o~her default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 015 CCM '0CT-2~-2002 ~4:$9 CENL~R 6095563036 P,05×~3 Page 4 Loan No. 0002770691 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of th_is Notice, THE CREDITOR INTENDS TO EXCERcISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. T~is means t~at the entire outstanding balance of this debt will be considered due i~ediately 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 TEIRT¥ (30) DAYS, the creditor also in~ends to instruct its atto~-neys to start a lawsuit to foreclosure upon your mortgaged property. ZF TEE MORTGAGE IS FORECLOSED UPON - The mortgaged proper~y will be sold by the Sheriff ~o pay off ~he mortgage debt, If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor legal proceedings' against you, you will still be required ~o pay the reasonable attorney, s fees that were actually incurred up to $50.00. ~owever if legal proceedings are started against you, you will have to pay all reasonable attorney,s ~ees ~ctually i~curred by the creclito~ even if they e×¢eed $$0.00, Any attorney, s fees will be added to the amount you owe the creditor, which may also include other reasonable costs. ZF YOU CURE TME DEPAULT WITHIN T~LE T~IRTY (30) DAY PERIOD, YOU WILL NOT B~ R~QUIRED TO PAY ATTOrNey's FEES. OTHE~ C~ITOR REMEDIES - The creditor ~y also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a disc~a=ge in a ~ankruptcy proceeding. In that circumstance suit will be for proper~y only. RIGHT TO CUR~ THE DEFAULT PRIOR TO S~IF~,S S;LLE . If you have not cured' the default withi~ the THIRTY (~0) DAY period and foreclosure proceedings have begun~ YOU STILL ~AVE THE RIGHT TO CURE TNE DEFAULT ~ PREVENT THE SA~E AT A_NY TI~E UP TO OI~-B EOUR ~EFO~E TH~ SHERIFF'S SAI~E, YOU MAY DO SO BY PAYING THE TOTA~ A~UNT PLUS ANY COSTS CONI~ECTED WITH T~E FORECLOSURE SALE AND A/gy OTHER COSTS CONNECTED W!TE T~E SHERIFFS SALE A~D BY PERFORMING 2%Ny OTHER REQUIREMENTS UNDER T~E MORTGAGE. EARLIEST POSSIBLE S~ERIFF,S DATE ~ It is estimated that the earliest date ~hat suc~ a Sheri~f,s Sale of the mortgaged property could be held would be approximately NINE (9) 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 o~t at any. time exactly what the required payme_~t or action Will be by contacting the creditor. If money is due, such payment must be in cash, cashier,s Gheck, certified cheer or money order made payable ~o the creditor at the address se~ forth above. XC180 010 CCM · ucl-~l-~ l~:b~ CENL~R 60D656~0~6 P.06/1~ Page. 5 Loan No. 0002770691 EFFECT OF SHERIFF, S SALE DATE - You should realize that a Sheriff,s Sa'le will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after uhe Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help prouect your interest in the property. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee.who will asssume the mortgage debt, provided that all the · outstanding' payments, charge a/id att'omen's fees and co~c are paid prior to or ac th~ $~le and ~at 'the other requirements of the mortgage are satisfied. * A LIST OF CONSUMER COUNSELING AGENCIES SERVING Sincerely, YOU ALSO HAVE THE RIGHT TO SELL T~E PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR. TO BORROW MONEY FROM ANOTHER LE~DING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CLrRED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, TO ~AVE THE MORTGAGE RESTORED TO THE SAMqE POSITIONing IF NO DEFAULT HAD OCCD'RRED, IF YOU CURE T~E DEFU~J~T. (~OWEVER, YOU DO NOT HAVE TMIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONE~ISTA~CE OP A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTMER LAWSUIT INSTITUTED UNDER T~E MORTGAGE DOCUMENTS. TO ASSERT ~ OT~ER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION r3AE)ER THE FEDEP, kL ~U%NKRUPTCY LAw. YOUR COUNTY IS ATTAC~ED. Angel9 M. Pulli Second ~ice President XC151 619 CCM TMIS IS AN ATTEMPT TO COLLECT A DEBT AND ~ INFOPJ4ATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. CENLART OCENTRAL LOAN ADMINISTRATION & PJ. FOR'I1NG 800) 242-2178 609) 538-0088 (in New Jersey) September 09, 2002 Ly~ Marie Bennett 807 Allen Street New Cumberland PA 17070 Mortgaged Property: 807 Allen Street New Cumberland PA 17070 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS S~T FORTH IN THIS NOTICE. YOUR ?m~UDER MAY ~OR~CLOSE AND YOU MAy LOSE YOUR HOME. IF YOU W~ TO SAVE YOUR HOME FROM FORECLOSUILE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING T~E DEFAULT - This notice exDlains the nature o~ the default and your rights to protect your interest in your home (See Section 403 of Ehe Act of Januaz~ 30, 1974 (P.L.13, No. 6), 41 P.S. Section 403); OR 2. APPLYINO TO THE HOMEOWNERS EMERGENCy MORTGAGE ASSISTANCE PROGRAM FOR PINANCIAL ASSISTANCE W/4IC~ CAN SAVE YOUR ~OME FROM FOILECLOSURE ~ HELP YOU MAK~ FUTURE MORTGAGB PAYF~ENTS - Read this notice to find out how the program works. YOU MUST MEET WITH A' CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF T~E DATE OF THIS NOT!C~ IN ORDER TO APPLy. See Act of December 23, 1983 (P.L. 385, No. 91) 3S P.S. Section 1680.201c-1680.~09c. If you need more information, call the Per~nsylvania Housing Finance Agency at 1-800-342-2397. Certified Mail No. Account No. 0002770691 LA NOTIFICACION EN ADJUNTO ES DE SU~ IMPORTA~CIA, PT/ES APECTA SU DERECRO A CONTINUA~ VIlr/END~ EN SU ~SA, SI NO CO~E EL CO~I~ DE ESTA NOTIFI~CZON OBT~A ~A T~UCCION I~IT~E L~O ESTA AG~CIA {PE~S~V~IA HOUSING FI~CE AG~) SIN ~GOS ~ ~RO ~NCION~O ~IBA. ~UEDES SER ELE~IBLE p~ ~ PREST~O POR EL PRO~ L~ I'~OMEO~ E~RGEN~RT~GE ~SIST~ ~,, EL ~AL PU~E S~ SU ~SA LA PE~IDA DEL D~CHO A R~IMIR SU ~EGECy MORT~A~E ~SIST~CE YOU ~y BE ELIGIBLE FOR FIN~CI~ ~SIST~CE EICH C~ SA~ YOUR HOME EOM FOEE~OS~E ~ HELp YOU ~E FU~E MOR~A~E PAY~S. IF YOU COMPLY WITH THE PROVISIONS OF T~E ~0MEOEER'S EMERGENCY MORTGAGE ASSIST~CE A~ OF 19~3 ("EE A~,'), YOU ~Y BE ELIGIBLE FOR E~RGEN~ MORTGAGE ASSIST~CE IF YO~ DEFAULT ~ ~E~ ~USED BY CIRC~ST~CES BEYO~ YO~ CO~ROL, IF YOU ~ A REASON~LE PROSPE~ OF RESTING YO~ MORTGAGE PAY~s ~ IF YOU ME~ OT~R ELIGIBILITY ~QUIREME~S EST~LISHED BY THE P~SYLV~A HOUSING FI~CE AGE~, PLEASE RE~ ~L OF THIS NOTICE, IT CONT~Ns ~ ~ATION OF YOUR RIGHTS XC182 003 CCM ' ~0CT-21-2002 15:00 CENLAR G0965~J036 P.08×1~ tape 2 oan No. 0002770691 TEMPORARY STAY OF FORECLOSURE - Under the ACt, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arranpe and attend a "face-to-face, meeting with a representative of the creditor or with a designated consumer credit counselin~ agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. ~"RIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.o. Box 77410 Ewing, NJ 08618 Telephone Nu~er: 1-800-242-7178 Contact Person: MS. PULLI CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the cred/tor may NOT take' act/on against you for thirty (30) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTAC/4ED SHEET. It is only necessary to schedule one face~ to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTD~NCE- Your mortgage is in default for the reasons set forth in this Notice. If you have tried a~d are ~nable to resolve this problem with the creditor, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. TO do so, you must fill out, si~n and file a completed Homeowner, s Emergency Assistance Program Application with one of the designated consumer credit counseling a~encies listed on the attachment. Only consumer credit counseling agencies have applications for the pro,ram 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 FORT~ IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR ~OME IMMEDIATELY AND YOUR APPLICATIOR 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 =he eligibility criuerla established by the Act. It is extremely important ~hat your XC178 008 CCM '0CT-21-2002 15:00 C~NLRR 6096563036 P,09×13 Page 3 Loan No, 0002770691 application is accurate and Complete in every respect. The P~nsylvania Mousing Finance A~ency has ~ixty (60) days to ~ake a decision after it receives your application. During that time, no foreclos%tre proceedings will be pursued against you if you have met the time requirements se~ forth above. You will be notified directly by the Pennsylvania Mousing Finance A~ency of its decision on your application. THE PENNSYLVANIA HOUSING FINA/~CE AGENCY IS LOCATED AT 2101 NORTM FROA?T STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLV~2~/A 17105. TELZPMON~ NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER}. PERSONS WITH IMPAIRED ~EARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT. The MORTGAGE deb~ held by the above creditor on your property located at: 807 Allen Street , New Cu~f0erla~d PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS for uhe following months, and the following amounts are now past due: ?/1 TaROUGM 9/1 PAYMENT @ (3) $697.84=$2,093.52 Monthly Payments Plus Late Charges Accrued: , NSF: $ 2 157.87 Inspections: $ Other: $ (Suspense): $ 53.55 TOTAL AMOUNT TO CURE DEFAULT: $ $ 2,211.42 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: REINSTATE THE LOAN HOW TO CUR~ THE DEFAULT- You may cure the defaul~ within THIRTY (30) DAYS of the date of this no=ice BY PAYING THE TOTAL A~0U/Tr PAST DUE to the creditor plus any additional monthly payments and late charges which may fall due after the date of'this notice and the date you make your payment, Payments must be made either by cash, cashier's check, certified check or money order made payable and sent ~o: Central Loan Administration ~25 Phillips Blvd. Ewi~g, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the followin~ action within THIRTY (30) DAYs of the date of this letter. xC179 01S CCM CENL~R 609656~016 Page 4 Loan No. 0002770691 IF YOU DO NOT CURE THE DEFAULT ~ If you do not cure the default within THIRTY (30) DAYS Of the date of t~/s No~ice, THE CREDITOR IArfENDS N0 EXCERCISE ITS RIG~HTS TO ACCELERATE THE MORTGAGE DEBT. This mea-~s that the entire outstanding balance of ~his debt will be considered due immediately and you may lose the chance to pay ~h¢ mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit 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 creditor refers your case to its attorneys,, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required, to pay the reasonable attorney's fees tha~ 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 uhe creditor even if they exceed $50.00. A~y attorney's fees will be added to the am0u~t you owe the creditor, which may also include other reasonable cos=s. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. OTHER CREDITOR REMEDIES - The creditor may also sue you personally for ~he unpaid principal balance ~nd other sums due ~nder the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGHT TO CURE THE DEFAULT PRIOR TO S~ERIFF'S SALE - If you have no~ cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU STILL HAVE THE RIGHT TO CU!~E TME DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO OArg HOUR BEFORE THE SHERIFP'S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS ~ COSTS COI~NECTED WITH THE FORECLOSURE S~E AND ~ OTHER COSTS CONATECTED WITH THE SHERIFFS SA~.~ AND BY PERFORMING ANY OT~ER REQUIREMENTS I/NDER THE MORTGAGE. EARLIEST POSSIBLE SHERIFF'S DATE - IU is estimated that the earliest date that such a Sheriff,s Sale of the mortgaged property could be held would be approximauely NINE (9) months from the date of this Notice. A no~ice of ~he a0~ual date of ~he 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 uime exactly what the required payment or acuion will be by con~actin~ the creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to ~he creditor at the address set forth above. xc180 010 CCM '0CT-21-2002 15:01 CENL~R 6096563036 P.11/13 Page 5 Loan No. 0002770691 EFFECT OF S~rERIFF, s SALE DAT~ - You should realize that a Sheriff,s Sale will end your ownership of the mortgaged property and your right to occupy it. If you con=i~ue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your ~urnishin~s and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU [{AVE . You have additional rights to help protect your interest in the property. ASSUMPTION OF MORTGAGE - You may'sell or transfer your home to a buyer or · transferee.who will asssume the mortgage, debt, provided ~hat all. the outstanding p~ymen~s, charge and attorney, s fees and cost are paid prior. to or at the sale and Dhat the other requirements of the mortgage are satisfied. YOU ~J~SO HAVE THE RIGHT * TO SELL THE PROPERTy TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR. ~ TO BORROW MONB¥ FROM ANOTHF/~ LENDING INSTITUTION TO PAY OFF T~IS DE~T. w TO HA~E THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEFL~uLF. * TO HAVE T~E MORTC=AGB RESTORED TO T~E SAME POSITION AS IF NO DEFAULT HAD OCCLrRRED' IP YOU CU~ TME DEFU/%LT. (HOWEVER, YOU DO NOT HAVB THIS RIGHT TO CURE YO[/R DEFAULT MOR~ THAN TMREE TIM~S IN A/~Y CALPiFDAR YEAR.) * TO ASSERT TRE NONEXISTANCE OF A DEFAULT IN ~29Y FOR~CLOSUR~ PROCEEDING OR ~ OTHER LAWSUIT INSTITUTED UNDER T~E MORTGAGE DOCUMENTS. * TO ASSERT ANY OT~ER DEFENSE YOU BELI~V~ YOU MAY HAV~ TO SUCH ACTION BY THE LPA~DER. * TO SEEK PROTECTION U~I)ER T~E ~ED~RAL BA/~F~uPTcY LAW. A LIST O~ CONSUMER COUNSELING AGENCIES S~RVING YOUR COUI~TY.IS ATTACHED. Sincerely, Angela M. Pulli Second ~ice Preside~%t XC181 019 CCM THIS IS AI~ATTEMPT TO COLLECT A DEBT ~ AI~ INFORMATION OBTAINBD IN RESPONSE TO T~IS WILL BE USED TO F~THER THAT BND. *0CT-21-2002 1~:01 CENL~R 6096563036 P,12/l~ Postege $ '0CT-21-2002 15:01 CENLAR G096~63036 P.13×13 ~o$1age $ Certified Fee Certifle~ ~ipt TOTAL P.I~ ~ER I F I CAT ION authorities. Mark j. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff,s agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to Mark ~' UDREN & ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2002-05467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENLAR FEDEP~AL SAVINGS BANK VS BENNETT MICHAEL G ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BENNETT MICHAEL G the DEFENDANT , at 1842:00 HOURS, on the 18th day of November , 20012 at 807 ALLEN STREET NEW CUMBERLAND, PA 17070 by handing to LYNN BENNETT, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /F~ day of So Answers: R. Thomas Kline 11/21/2oo MARK UDREN By: SHERIFF'S RETURN - REGULAR CASE NO: 2002-05467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENLAR FEDERAL SAVINGS BANK VS BENNETT MICHAEL G ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BENNETT LYNN M AKA LYNN MARIE BENNETT the DEFENDANT , at 1842:00 HOURS, on the 18th day of November , 2002 at 807 ALLEN STREET NEW CUMBERLAND, PA 17070 by handing to LYNN BENNETT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this !~ day of ~ ~DO~A~ A.D. ~ {~rothonotary ~ / / R. Thomas Kline 11/21/2002 MARK UDREN meput~ gHe'ri[f MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Cenlar Federal Savings Bank Plaintiff Vo Michael G. Bennett Lynn M. Bennett a/k/a Lynn Marie Bennett Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION -Cumberland County 'NO. 02-5467 PRAECIPE TO DISCONTINUE WITHOUT PREJUDIC~ TO THE PROTHONOTARY: ' Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES Attorney for Plaintiff DATED:December 12~ 2002