HomeMy WebLinkAbout00-02953
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GOLDBECK McCAFFERTY
BY: Joseph A. Goldbeck,
Attorney I.D.#16132
Suite 500 The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
& McKEEVER
Jr.
THE BANK OF NEW YORK AS TRUSTEE UNDER
THE POOLING & SERVICING AGREEMENT DATED
AS OF NOVEMBER 30,1995, SERIES 1995-C
c/o Rosicki Rosicki & Associates P.C.
One Old Country Road Suite 375
Carle Place, NY 11514
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
vs.
Term
No.
Ct-,-,l/~
DANIEL J. FREEDMAN
(Mortgagor (s) )
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JANICE FREEDMAN NELL,
A/K/A JANICE L, NELL
(Real Owner (s))
703 Somerset Drive
Mechanicsburg, PA 17055
Defendant(s)
CIVIL ACTION: MORTGAGE
t=ORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after the complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money 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
(800) 990-9108
Legal Services Inc.
S Irvine Row, Carlisle, PA 17013
(717) 243-9400
A V ISO
LE HAN DEMANDADO A USTED EN LA CORTE. S I DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO.
PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECC10N CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: S1 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPAC10N_
ENTONCES, LA COUTE PUEDE, SIN NOTIF1CARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUER1RA QUE USTED CUMPLA CON TODAS
LAS PROVIS10NES DE ESTA DEMANDA_ POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROP1EDAD
U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMED1ATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERV1CIO DE REFERENCIA DE ABOGADOS),
215-238-6300_
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
S Irvine Row, Carlisle, PA 17013
(717) 243-9400
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COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE UNDER THE
POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 30,1995, SERIES
1995-C, c/o Rosicki Rosicki & Associates P.C., One Old Country Road
Suite 375, Carle Place, NY 11514.
2. The name(s) and address (es) of the Defendant(s) is/are
DANIEL J. FREEDMAN, PO Box 301, Mechanicsburg, PA 17055, who is/are
the mortgagor(s), and JANICE FREEDMAN NELL, A/K/A JANICE L. NELL,
PO Box 301, Mechanicsburg, PA 17055, who is/are the record owner(s)
of the mortgaged property hereinafter described.
3. On September 30, 1995, mortgagor(s) made, executed and
delivered a mortgage upon the premises hereinafter described to TMS
MORTGAGE INC., D/B/A THE MONEY STORE, which mortgage is recorded in
the Oft ice of the Recorder of Deeds of Cumberland County in
Mortgage Book 1285, Page 57. By Assignment of Mortgage dated
September 30, 1995, the mortgage was. assigned to Plaintiff, which
Assignment is recorded in Assignment of Mortgage Book No. 523, Page
1148. These documents are matters of public record and are
incorporated herein by reference in accordance with Pennsylvania
Rule of Civil Procedure 1019(g).
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4. The premises subject to said mortgage is described as
attached.
5. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due November 1, 1999,
and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one
month, the entire principal balance and all interest due thereon
are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance
Interest from 10/ 1/99
through 3/31/00 at 11.500%
Per diem interest rate at $27.05
Attorney's Fee at 5%
of Principal Balance
Late Charges 11/ 1/99- 3/31/00
Monthly late charge amount at $41.07
Costs of suit and Title Search
$
81,384.52
4,950.15
4,069.23
205.35
560.00
$ 91,169.25
Escrow Balance
Monthly Escrow amount $
$ 91,169.25
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7. The Attorney's Fees set forth above are in conformity
with the Mox.tgage 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 based on work actually performed.
8. Notice of Intention to Foreclose and a Notice of
Homeowners' Emergency Mortgage Assistance has been sent to
Defendant(s) by Certified and regular mail, as required by Act 160
of 1998 of the Commonwealth of Pennsylvania, on the date(s) set
forth in the true and correct copy of such notice(s) attached
hereto as Exhibit nAn. The Defendant(s) has/have not had the
required face to face meeting within the required time and
Plaintiff haG no knowledge of any such meeting being requested by
the Defendant(s) through the Plaintiff, the Pennsylvania Housing
Finance Agency, or any appropriate Consumer Credit Counseling
Agency.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
the sum of $91,169.25, together with interest at the rate of
$27.05, per day and other expenses incurred by the Plaintiff which
are properly chargeable in accordance with the terms of the
mortgage, and for the foreclosure and sale of the mortgaged
premises.
By:
GOLDBECK
BY: Joseph A. Go1dbec
Attorney for P1aintif
McKEEVER
, Jr., Esq.
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MAR 09 '00 02:09PM
P.13/14
VERIFICATION
I, ''''''->CC2~'''' ~""'r\~
, as the representative of the
Plaintiff corporation within named do hereby verify that I am
authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa. C.S. 4904 relating to
unsworn falsification to authorities.
Date:
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#164-1021/72569403 - FREEDMAN,DANIEL J.
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# 035.003.00027950-3
EXJIlBI1' A
All THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF MECHANICSBURG IN THE
COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY
DESCRIBED IN A DEED DATED 12/01/92 AND RECORDED 12/07/92, AMONG THE lAND
RECORDS Of THE COUNTY AND STATE SET fORTH ABOVE, IN DEED VOLUME A36 AND .
PAGE 500.
TAX MAP OR PARCEL 10 NO,: 17-24-0789346 ADDRESS: 703 SOMERSET DR.
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aOOK 1285 PACE fl2
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EXHIBIT A1aS1pC1L/O~
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
January 5, 2000
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This notice explains how the program works.
To see ifHEMAP can help you, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this
Notice with you when you meet with the counseling agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving your
county are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired
hearing can caB 717-780-1869),
LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION
IMMEDIA T AMENTE LLAMANDO EST A AGENCIA (PENNSYL VANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGlBLE PAM UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" AL CUAL PUEDE SAL V AR SU
CASA DE IA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME (S):
PROPERTY ADDRESS:
DANIEL J FREEDMAN and
703 SOMERSET DR
MECHANICSBU, PA 17055-0000
0000072569403
THE MONEY STORE
LOAN ACCOUNT NUMBER:
CURRENT LENDER/SERVICER:
HOMEOWNER'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 PROVISION OF THE HOMEOWNERS' EMERGENCY
1I111~pllllll1lJ~I~~I~I~~I~IIW~Y~II}IW~Jj!lw.I'9U ''''V'' vr 1 nc nV1VlCV VV 1'10""" ClVlc,,"ucm.. I
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0072569403NFCL
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J'HE MONEY S'TORE'
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"). YOU MAYBE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
· 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 the 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 designated
consumer counseling agencies listed at the end of this Notice. THIS MEETING MUST
OCCUR WITllIIN 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 attend a face-to-face meeting
with one of the consumer credit counseling agencies listed at the end of this Notice, the lender
may NOT take further action against you for thirty (30) days after the date of this meeting. The
names, addresses and telephone numbers of designated consumer counseling agencies for the
county in which your property is located are set forth at the end of this Notice. It is only
necessary to schedule one face-to-face meeting, You should advise this lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the
nature of your default), If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage
Assistance Fund, To do so, you must fill out, sign and file a completed Homeowners'
Emergency Assistance 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 completed 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 APPLICA TION PROMPTLY. IF YOU FAlL 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.
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Mortgage Loan Servicing
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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
you application, During that additional 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 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 INCORMA TlON PURPOSES ONLY AND SHOULD NOT BE CONSIERED 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 (Brine it UP to date),
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lenderoD your
property located at
703 SOMERSET DR MECHANICSBU P A 17055-0000
IS SERIOUSLY IN DEF AUL T because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the
following months and the following amounts are now past due:
a) # Months Payments $821.44 X 3
b) Late charge(s) $130,50
c) Other charge(s), NSF, corporate advance $30.00
d) Less: Any suspense funds $0.00
e) Total amount required as of (due date) $2632,32
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION
HOW TO CURE THE DEFAULT-You may cure this default within THIRTY (30) days from
the date of this letter. BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER,
WHICH IS $2632.32 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and
other 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 to:
The Money Store
p, 0, Box 96053
Charlotte, N,C. 28296-0053
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Mortgage Loan Servicing
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THE MONEY SmilE"
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) days of this letter date, the lender intends to exercise its rij!ht to accelerate the mortj!aj!e
debt. This' means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the amount of default is not made within THIRTY (30) DAYS, The Money Store
also intends to instruct their attorneys to start a legal action to foreclose upon your mortj!aj!ed
property.
IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before they begin legal proceedings against you, you will have to pay the
reasonable attorney's fees actually incurred, up to $50,00, However, if legal proceedings are
started against you, you will have to pay the reasonable attorney's fees actually incurred even if
they exceed $50,00. Any attorney's fees will be added to the amoWlt 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 he required to pay attorneys' fees,
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid
principal balance, and all other sums due under the Mortgage,
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured
the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges,
charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
performing any other requirements under the mortgage, Curing your default in the manner set
forth in this Notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that
such sheriffs sale could be held is would be approximately five (5) months from the date of
this Notice. A notice of the actual date ofthe Sheriffs Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may find
out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER
Name of Lender:
Address:
Telephone Number:
Fax Number:
The Money Store
P. 0, Box 96053, Charlotte, NC 28296-0053
800 795-5125 Ext. 1030 I
916617-0655
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EFFECT OF SHERIFF'S SALE- You should realize that a sheriffs sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the sheriffs sale, a lawsuit to remove you and your furniture and other belongings
could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or
transferee that will assume the mortgage debt.
YOU MAY ALSO HAVE THE RIGHT
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT, OR 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
DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T, (HOWEVER, YOU
ARE NOT ENTITLED TO THIS RIGHT MORE THAN THREE TIMES IN A
CALENDAR YEAR),
. TO ASSERT THE NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE
PROCEEDlNG OR ANY OTHER LA WSUlT 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.
THE CONSUMER CREDlT COUNSELING AGENCIES SERVING YOUR COUNTY IS
A IT ACHED TO THIS LETTER
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Mortgage loan 5er'fith,g
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OANfEL J FREEDMAN
703 SOMERSET DR
MECHANICSBU PA 17055-0000
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~ Receipt for
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,,;. No Insurance Coverage Provided
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0000072569403
DANIEL J FREED~~
703 SOMERSET DR
MECHANICSBU PA 17055-0000
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delivmd. ' Consult postmaster for fee. i
3. Article Add"'soedlo: 40. Article Number !
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0000072569403 . i
DANIEL J FREEDMAN , I
703 SOMERSET DR . I_
MECllANICSBU PA 17055-0Q()0
4b. SeiVice'!Ype "00' CERTlFIEO
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SENDERS RECORD
EXHIBIT A
ACT 91 NOTICE
DATE OF NOTICE: 3/30/00
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default. and the
lender intends to foreclose. Specific information about the nature of the default is
provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save vour home. This Notice explains how the program works.
To see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when vou meet with the Counseling Agency.
The name. address an phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If vou have anv questions. vou
mav call the Pennsvlvania Housing Finance Agencv 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 any attorney in your area. The local bar association
may be able to help you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a
continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga
una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance
Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo
por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual
puede salvar su casa de la perdida del derecho a redimir su hipoteca.
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Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
Fax (215) 627-7734
Date: March 30, 2000
Homeowners Name: JANICE FREEDMAN NELL A1K/A JANICE 1. NELL
Property Address: 703 Somerset Drive, Mechanicsburg, P A 17055
Loan Account No.: 164-1021/72569403
Original Lender: TMS MORTGAGE INC., D/B/A THE MONEY STORE
Current Lender/Servicer: ROSICKI ROSICKI & ASSOCIATES P,C.
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGmLE 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
ELIGmLE 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 from the date of this Notice. During
that time you must arrange and attend a "face-to-face" meeting with one of the designated
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
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CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names. addresses and
telephone numbers of designated consumer credit counseling agencies for the countv in which
the propertv 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 immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your fact-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.
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HOW TO CURE YOUR MORTGAGE DEFAULT (BriB!! it UP to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your
property located at: 703 Somerset Drive. Mechanicsburg. P A 17055 IS SERIOUSLY IN
DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
(a) Monthly payment from 11/1/99 thru 3/30/00
(5 mos. at $821.44/month)
(b) Late charges from 11/ 1/99 thru 3/30/00
(5 mos, at $41.07/month)
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE
$ 4,107.20
205.35
$ 4,312.55
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 $4.312.55, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments
must be made either bv cash. cashier's check. certified check or monev order made pavable and
sent to:
ROSICKl ROSICKl & ASSOCIATES P.C.
Outsourcing Dept.
One Old Country Road Suite 375
Carle Place, NY 11514
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 ri!!hts
to accelerate the mort!!a!!e debt, This means that the entire outstanding balance of this debt
will be considered due immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour
mort!!al!ed propertv.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you
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cure the delinquency before the lender beings 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
wiIl 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. von will not be required to
pay attornev's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou
stiIl have the right to cure the default and prevent the sale at anv time UP to one hour before the
Sheriff's Sale. You mav do so bv paving the total amount then past due. plus anv late or other
charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv
other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv
performing anv other requirements under the mortgage. Curing your default in the manner
set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST .POSSIBLE SHERIFF~S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4)
to 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 by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: ROSICKI ROSICKI & ASSOCIATES P.c.
Address: Outsourcinl! Dept.
One Old Countrv Road Suite 375
Phone Number: 516-741-2585
Fax Number: 516-465-0540
Contact Person: Lisa B. Sinl!er
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your
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ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may 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 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 LA WSUlT 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.
Contact Person: Lisa B. Singer
Phone Number: 516-741-2585
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PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS OF WESTERN PENNSYLVANIA INC.
2000 Ling1estown Road
Harrisburg, P A 171 02
(717) 541-1757
URBAN LEAGUE OF METROPOLITAN HARRISBURG
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
COMMUNITY ACTION COMM OF THE CAPITAL REGION
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX 234-2227
FINANCIAL COUNSELING SERVICES OF FRANKLIN
31 West 3rd Street
Waynesbom, PA 17268
(717) 762-3285
YWCA OF CARLISLE
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
ADAMS COUNTY HOUSING AUTHORITY
139-143 Carlisle Street
Gettysburg, P A 17325
(717) 334-1518
FAX (717) 334-8326
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CASE NO: 2000-02953 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE ET AL
VS
FREEDMAN DANIEL J ET AL
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
FREEDMAN DANIEL J
the
DEFENDANT
, at 0010:06 HOURS, on the 24th day of May
, 2000
at CUMBERLAND CO. SHERIFFS' DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
DANIEL FREEDMAN
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
.00
.00
10.00
.00
28.00
So Answers:
r~~-C:~l
R. Thomas Kline
OS/24/2000
GOLDBECK, MCCAFFERTY, MCKEEVER
Sworn and Subscribed to before
By:
me this ~ ~ day of
~_ 0)..lJ'fJ'.l A.D.
Y:~' IJ 7h.cJ;~/~
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CASE NO: 2000-02953 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE ET AL
VS
FREEDMAN DANIEL J ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
NELL JANICE FREEDMAN A/K/A JANICE NELL
the
DEFENDANT
, at 0019:41 HOURS, on the 23rd day of May
, 2000
at 703 SOMERSET DRIVE
MECHANICSBURG, PA 17055
by handing to
JANICE FREEDMAN
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
6.20
.00
10.00
.00
22.20
So AnSW, ers: ~_~. '.. I
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R. Thomas Kline
OS/24/2000
GOLDBECK, MCCAFFERTY, MCKEEVER
Sworn and Subscribed to before
By:
7~~_
Deputy Sheriff
me this ~~ day of
C~",1..cruz} A.D.
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GOLDBECK, McCAFFERTY & McKEEVER
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
BY: MICHAEL T. MCKEEVER, ESQUIRE
Attorney I.D. #56129
Attorney for Plaintiff
THE BANK OF NEW YORK AS TRUSTEE
UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF NOVEMBER
30,1995, SERIES 1995-C
c/o Rosicki Rosicki & Associates
P.C.
One Old Country Road Suite 375
Carle Place, NY 11514
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 00-2953 CIVIL TERM
vs.
DANIEL J. FREEDMAN
(Mortgagor (s) )
JANICE FREEDMAN NELL , A/K/A
JANICE L. NELL (Record Owner(s))
703 Somerset Drive
Mechanicsburg, PA 17055
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Discontinued and Ended upon
payment of your costs only.
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