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Home My WebLink About00-03490 J I' -~ V' o.tIlI~~" 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 ATTORNEY FOR PLAINTIFF EMC Mortgage Corporation 909 Hidden Ridge Drive,Suite 200 Irving, Texas 75038 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. David P. Gregoire Barbara A. Gregoire 93 Parsonage Street Neville, PA 17241 Defendant(s) : NO. 00- .349() CiUl.tr~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 - ^' I, ""c AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar association 2 Liberty Avenue Carlisle, P A 17013-3387 717-249-3166 -,~~~. . ',;.. ~".~- 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. H 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. unREN Is/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 ~"~ ,..;,' ~ t-; 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: Norwest Mortgage, Inc. Assignments of Record to: GE Capital Mortgage Services, Inc., Recording Date: 2/29/96 Book: 514 Page: 711 Assignor: GE Capital Mortgage Services, Inc., Assignee: Norwest Mortgage Inc., Recording Date: 12/17/99 Book:633 Page:903 Assignor: Norwest Mortgage Inc., Assignee: EMC Mortgage Corporation Recording Date: 3/31/00 Book: 641 Page 468 2. Defendants are 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 owners and mortgagors of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendants, Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendants 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 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 93 Parsonage Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Newville COUNTY: Cumberland DATE EXECUTED: 3/30/95 DATE RECORDED: 3/31/95 BOOK: 1257 PAGE: 87 '"'"' ,-- "~ , " ';!. 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 Defendants continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 5/19/00: Principal of debt due and unpaid Interest at 10% from 11/01/99to 5/19/00 (the per diem interest accruing on this debt is $16.12 and that sum should be added each day after 5/19/00) $58,835.48 3,240.12 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) 250.00 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $127.74 and that sum should be added on the first of each month after 5/19/00) 171. 17 Late Charges (monthly late charge of $26.63 should be added on the fifteenth of each month after 5/19/00) 66.12 ~J,i ~ Corporate Advance 125.00 Attorneys Fees (anticipated and actual to 5% of principal) 2,941.77 TOTAL $65,909.66 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 defendants have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendants eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendants herein in the sum of $65,909.66 plus interest, costs and attorneys fees as more fully set forth for foreclosure and sale of the Mortgage, and Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 (. ...,J i>-:':,\',,'f " '- ~::'\1'f." ' )' ,i" :~j/ ..", i~ ..J' jot L! " ~ - "'" -.1" ALL THM.' ClmTAm TlUICT OF LAND SXTUATE m TIlE BOElOtlGH OF NBWVJ:LLI!:, CllMBERLAND COUNTY, PENNSn.VlIl'IrA, MOlU!: FllLLY BOllNDED AND DESCRrBED AS FOLLOWS: BEGnmXNG AT A POrNT ON THE NORTHERN RrGHT OF m.y LDlE OF PAlISom\GE STlU!:ET; !l'HENCI!l ALONG RrGHT OF WAY OF WASHrNGTON STREET; THENCE ALONG SAUl RrGHT OF WAY LrNI!: NORTH 26 DEGlU!:ES 00 MrNUTES WEST 191.0 FUT TO A POXNT ON THE SOl7.rHERN RrGHT OF m.y L:INI!: OF VNOPENED 16. 6 I!'EI!:T CKtlllCH 1ILLl!:Y; !l'HENCE ALONG VNOPENED CHUBCH ALLEY NORTH 64 DEGlU!:ES 00 MrNUTES EAST 40.0 FEET TO AN XElON pm; THENCE ALONG THE DrvD)rNG LnlE BETPlEI!lN LOTS NOS. 8 AND 9 ON SArD SOllVI!:Y SOUTH 26 DEGlU!:ES 00 MrNUTES EAST 191.0 FEET;THI!lNCE ALONG TIlE NORTHERN RrGH'l1 OF WAY LXNE OF PAlISONllGE STREET SOUTl! 64 DEGl\I!:ES 00 MrNUTl!:S WEST 40.0 FEET TO A POXNT, TIlE PLACE OF BEGXNNXNG. . . " ~ d I ill;' EMC Mortgage Corporation P 931 119 960 March 20, 2000 "0000001143" Barbara 1\.. Gregoire 93 Parsonage St Newville, P A 17241 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The 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 TIIE DATE OF TInS NOTICE. Take this Notice with you when you meet with the counseling agencY. The name. address. and pbone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any Questions. you may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (persons with impaired hearing can call 717-780-1869). La Notiticalon 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 immediatamente Ilamando esta agencia (pennsylvania Housing Finance Agency) sin cargos al numero mencionado amba. Puedes ser elegible para un prestamo por el programa Ilamado ''Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. . HOMEOWNER'S NAME(S) : Barbara A. Gregoire PROPERTY ADDRESS: 93 Parsonage St Newville, P A 17241 LOAN~ACCOUNT 2011823 CURRENT SERVICER EMC Mortgage Corporation 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 Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by circumstances beyond your control, 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 within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIIE PART OF TInS NOTICE CALLED ''HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Mac Arthur Ridge n, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 ~A. - ,..; I , .. ~ "'"'~<(;- Page two 2011823 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 telet>hone numbers of des; "".ted 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. APPUCATION 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. In order to do this, 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 APPUCATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TBE OTIIER TIME PERIODS SET FORTI! IN lIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOURAPPUCATION 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 eligtbility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to tn8ke 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 THlS NOTlCF IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptey you can still apply for Emergency Mortgage Assistanee HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF TIIE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 93 Parsonage St NewviIIe, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due : (a) 6 Payments @ $66Q.43 (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 03/1 8/2000: $3,962.58 $239.67 $125.00 $503.76 $3,823.49 B. YOU HA VB FAILED TO TAKE'TIIE FOLLOWING ACTION (if applicable) : HOW TO CURE TIIE DEFAULT- You may cure this default within TIIIRTY (30) days from the date of this letter BY PAYING TIIE TOTAL AMOUNT PAST DUE TO LENDER, WlllCH IS $3,813.49, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WlllCH BECOME DUE DURING TIIE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at PO BOX 660735, DALLAS, TX 75222-5749. "~ , -",~w~ , Page three 2011823 IF YOU DO NOT CURE TIlE DEFAULT- If you do not cure the default within TIIIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within TIIIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF TIIE 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 reasonableattomey's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the TIllRTY (30)DA Y period. you will not be reQuired to pay atlortJeys' 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 TIlE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the TIIIRTY (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 charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonning 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 POSSU\LE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) 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 defuult 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. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER EMC Mortgage Corporation PO BOX 660735, DALLAS, TX 7.5222-5749 1-800-436-7397 EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your 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 who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' 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 payoff the mortgage debt, or borrower money from another lending institution to payoff 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 ifno default had oCCUlTed. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents.' To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Sincerely, EMC Mortgage Corporation We are attempting to collect a debt, and any information that we receive may be used for that purpose. - >. llJi!f4" EMC Mortgage Corporation P 931 119 959 March 20, 2000 *0000001142* Davi4 p,.Gregoire 93 Parsonage St ~~lle,P1\1724l 1\CT 91 ~OTICE TAKE 1\CTION TO S1\ VE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowners' Emergency Mortgage 1\ssistance 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 WIlli 1\ CO~SUMER CREDIT COUNSELING 1\GE~CY WITIIIN 30 D1\YS OF TIlE D1\TE OF TIllS ~OTICE. Take this ~otice with you when YOU meet with the counseling agency. The name. address. and phone number of Consumer Credit Counseling 1\gencies serving your county are listed at the end of this ~otice. If you have any Questions. you may call the Pennsylvania Housing Finance 1\!1.ency toll free at 1- 800-342-2397 (persons with impaired hearing can call 717-780-1869). La ~otificaion en adjunto es de suma importancia, pues arecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance 1\gency) sin cargos al numero mencionado amba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage 1\ssistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. . HOMEOWNER'S ~1\ME{S): David P. Gregoire PROPERlY 1\DDRESS: 93 Parsonage St ~ewville,P1\ 17241 .LOAN.1\CCOUNT 2011823 CURRENT SERVICER EMC Mortgage Corporation 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 Mortgage 1\ssistance 1\ct of 1983 (the "1\cf'). You may be 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 Finapce 1\gency. TEMPORARY ST1\ Y OF FORECLOSURE- Under the 1\ct, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this ~otice. 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 ~otice. This meeting must occur within the next thirty (30) days. IF YOU DO ~OT APPLY FOR EMERGE~CY MORTG1\GE 1\SSISTANCE. YOU MUST BRING YOUR MORTG1\GE UP TO D1\TE. TIlE PART OF TIllS ~OTICE CALLED "HOW TO CURE YOUR MORTG1\GE DEF1\ULT" EXPLAINS HOW TO BRING YOUR MORTG1\GE UP TO D1\TE. Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, IrvIng, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 =;;: 1 r "~__ _, ~= '-'1"-'-' 1 '-I" '.' Page two 2011823 'CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit cOUllSe!il)g 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 teleohone numbers of designated consumer counse!il)g ,a~encies 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 fQllowing 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 Homeownersl Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed . Homeownersr Emergency Assistance Application with one of the designated consumer credit counse!il)g agencies listed at the end of this Notice. Only consumer credit counse!il)g 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 APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIllS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME lMMEDIATEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- A vaili1ble funds for emergeucy 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 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 bi 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 INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATfEMPT TO COLLECrTHE DEBT. (If you have filed: bankruptcy you can still apply for Emergency Mortgage Assistance HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it UP to date). . NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 93 Parsonage StNewville,PA 17241 IS SERIOUSLY IN DEFAULT because : A. YOU HAVE NOT MADE MONTIIL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) 6 Payments @ $660.43 (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 03/18/2000: $3,962.58 $239.67 $125.00 5503.76 $3,823.49 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within TIURTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS 53,823.49, 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 EMC Mortgage Corporation at PO BOX 660735, DALLAS, TX 75222-5749. ~.. "' I, '~:1 Page thiee 2011823 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 right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage COIporation also intends to instruct their attorneys to start a legal.action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to . payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency ~ before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If yOU cure the default within the THIRTY (30)DA Y period, you will not be required to pay attornevs' 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- lfyou 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 charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER EMC Mortgage COIporation PO BOX 660735, DALLAS, TX 75222-5749 1-800-436-7397 EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your 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 who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' 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 TBE RIGHT To sell the property to obtain money to payoff the mortgage debt, or borrower 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 ifno default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Sincerely, EMC Mortgage Corporation We are attempting to collect a debt, and any information that we receive may be used for that purpose. ,~ 1.1 . V E R I FIe A T ION 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 authorities. Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES .' _ L .,- ~"". "~iiIiliii~~..~"",-~"",".ili>~iM,"""".klill<i".,,,,,,,,.,,,,.!,,,,,.w""~'k,iffijr~d.m~~ j' llt~" -,,~.,~ ::L)!",_" ~_e", '''' ~ ,_ ,~ _ ~ ~ "_,-'I-,"~,~ '^< ,,^,". .,."--,, 7') ~ ~ tli.~.~~ . ~ ~. 0 V) eN v C 0,; ~ .....:) .0 f'- ~ f ~I. . I r5fJ ,+ ~---'-IIlIi!W~ --6s. J "lilloI' -~ N ' - II""""""" () C::l 0 C C:J 'T1 5:- ~= :.=:1 V ~ :".i rnl',-; --'''- Z7_l 2~ r' I " :-, - ,-' ~ 0 (/);]" CD .;-~-~ , ../ ..- ~:~() r.'ti -v -< ~~ ~'?:f-) --=---~ ~(::; Pc ~ Z '''' ~ 1'-' ~ ~ .. .Ll ~" ..,J,,-:', SHERIFF'S RETURN - REGULAR . CASE NO: 2000-03490 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS GREGOIRE DAVID P DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GREGOIRE DAVID P the DEFENDANT , at 0013:30 HOURS, on the 12th day of June , 2000 at 93 PARSONAGE ST NEWVILLE, PA 17241 by handing to DAVID GREGOIRE 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 7.44 .00 10.00 .00 35.44 So Answers: ~~ ~~A~~~~ R. Thomas Kline Sworn and SubGcribed to before 06/13/2000 MARK J. UDREN By: ~ .0 I J . 1\ 'W QWV\ a. K...t..tlC Deputy Sheriff me this .1I.Af day of C:;A~' J#r) A.D. Q't.. {J. .~~ P othonotary , L-,' ""_'n... ., SHERIFF'S RETURN - REGULAR ~. .r CASE NO: 2000-03490 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS GREGOIRE DAVID P DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GREGOIRE BARBARA A the DEFENDANT , at 0013:30 HOURS, on the 12th day of June , 2000 at 93 PARSONAGE ST NEWVILLE, PA 17241 by handing to DAVID GREGOIRE (HUSBAND) 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 6.00 .00 .00 10.00 .00 16.00 So ;;~~t R. Thomas Kline Sworn and Subscribed to before 06/13/2000 MARK J. UDREN By: \j=y~her~ me this ,2,J--.r day of ~~ A.D. rJ:df~ D 7u r pO,. / A O~ r honotary ,=r I - 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 EMC Mortgage Corporation 909 Hidden Ridge Drive, Suite 200 Irving, Texas 75038 Plaintiff v. David P. Gregoire Barbara A. Gregoire 93 Parsonage Street Neville, PA 17241 Defendant(s) ,,~ .~ ,," -'ili-JI!J,- ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . NO. 00-3490 Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: July 10. 2001 ./?!1 tuiL. ~ Mark J. Udren, Esquire Mark J. Udren & Associates Attorney for Plaintiff