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HomeMy WebLinkAbout98-00892 l1 ~ Ii ..; :>. J " l~ ot' ~ u Q .~ f " r l' ...... 1. Plaintiff is the Corporation designated as such on the preceding page. If Plaintiff is an assignee by virtue of the following recorded assignments: in the then it caption is such Assignor: Dauphin Deposit Bank & Trust Company Assign~ents of Recora to: EMC Mor~gage Corporation Record~ng Date: l.odged for Record~ng Book: Page: 2. Defendant(s) is the individual designated as such on the preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mO'J:ltgagor(s) of the premises being Doreclosed. 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) t,he 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: 145 Fairview Drive MUNICIPAL.ITY/TOWNSJ-IIP/BOROUGH: Middlesex Township COUNTY: Cumberland DATE EXECUTED: 12/11/91 DATE RECORDED: 12/16/91 BOOK: 1039 PAGE: 311 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 authori zed by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continuAs to fail or refuses to comply with the terms of the Note as follows: (a) by faU ing 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 1/30/98: Principal of debt due and unpaid Interest at 9% from 6/1/97 to 1/30/98 (the per diem interest accruing on this debt is $7.69 and that sum should be added each day 8ftpr 1/30/98) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $-0- and that sum should be added on the first of each month after 1/30/98) Late Charges (monthly late charge of ~20.29 should be added on the flfteenth of each month after 1/30/98) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $31,186.87 '. 1,876.36 250.00 280,00 0,00 101.45 1. 5!i2.., 34 $35,254.02 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 t,hird 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. Notice of Intention to Foreclose under Act G of 1974 of the Commonwealth of Pennsylvania has been sent to each Defendant, certified mail, in accordance with the requirements of that act, and copy(s) are attached hereto as Exhibit "A" and made part hereof. The notice specified by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has been sent as ALL that certain lot of ground situate in Middlesex Township, cumberland County, Pennsylvania, boundod and described in accordance with Section E of the Plan of Lots of Jacob S. ShenK, Known as Cloverleaf Acres No.2, which Plan was recorded in the cumberland County Recorder's Office on October 25, 1956, in Plan ROOK 8, Page 43, as follows: BEGINNING at a point on the northern line of 50-feet wide Fairview Street at the dividing line between Lots Nos, 8 and 9 of section E; thence from said point at the Place of Deginning, along said northern line of 50-feet wide Fairview Street, south 55 degrees 15 minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at corner common to Lots Nos. 7 and 8 and 17 and 18 of section E; thence along the dividing line between Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet to a point at corner common to Lots Nos. 18 and 19 and 8 and 9 of section E; thence along said dividing line between said Lots Nos, 8 and 9 of SecLion E, south 34 degrees 45 minutes East, a distance of 140 feet to a point on the northern line of 50-feet wide Fairview Street at the place of BEGINNING, THE ABOVE described tract of land contains 75 feet in front along the northern line of 50-feet wide Fairview Street and extends northwardlY therefrom at an even width a distance of 140 feet, and is all of Lot No.8 of section E as shown on said plan of Cloverleaf Acres No.2 rocorded as aforesaid, See also Plan of Cloverleaf Acres recorded October 2, 1955, in the Cumberland County Recorder'S Office in Plan BOOK 8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions and convenants attached to and applicable to said Plans recorded in said Plan BOOK 8, at Page 7, and at Page 43. "nsylvania } "'berland SS . . ' office for the recording 01 Deeds .:' J1~U'~K!.{l37~1~~and c~~: Y1U "Il' ('."r... my hand an() ~~Rf (If O~iC I.. -, CarliSle, f'A thi ~; rIAY_~~~ Recorder foiii1039 rm 317 ~......' ",:.: ",..'~":,loo", ..... o..n8.r':.!...."..../.',\ ,. a. .. .:.......::... '..,~. 't . ,C> " .....l....,~.....~'.:.bf., I'" .- <I.,:,..~.....~')\.:.' :,'~~''''':,l'' . (~~.~" ""~l.lt~..~\. ,."':,.\', '.1" '" p. .......'f..... ..... .'.. "~,, ~ ....ft'\ .' , ,,': ,1'}'l"""'.;;:"'\i(,J_ .,~. '. II ". '( t. ..;..J,'~"" ,I",'" '1..~:r. , . 0'" " ,'" ~..... ___ .0' '..~ ..... :)"r: '\ . OIl r. '" ,II ,:..t.:,-~~~,""!''': .. / 1~' )' ..., '" .-1 ..... t .t. '''. "",,/., "..~...-".",;;:."l . \ , . '.. :. r \':'l'i "'~'~ ...~I".. ~ i ',',(';' .........,\..\.. ..7./;..~./t.:"':r-~;'?'''. r:.'r v.,,-'.:....... . --... 'l'lr'j " .4..".f~.:,,'.'~:;;,-;.o,~...r!.1.( .: , . ^ ~ ........ '.'II. '. . t.. ,y" ',.....~I;l. ..... C." ....t" '.~" 'R ,,"', ""C :..' '\" t/~~"'J\) ~..4 .",......"'.... , , EMC MORTGAGE CORPORATION Date: November 25, 199'1 VIA CERTIFIED MAIL To: KAY B. HESS 145 FAIRVIEW DR, CAR CARLISLE, PA. 17013 RE: Loan No. 154467-5 NOTICE OF INTENTION TO FORECLOSE The mortgage held by EMC Mortgage Corporation herein we, us or our, on your property located at: 145 Fairview Dr Car Carlisle PA 17013 is in SERIOUS DEFAULT. You may cure this default within THIRTY (30) DAYS of the date of this letter by remitting funds of $2,129.42, plus any additional monthly payments and late charges which may fall due during this period. This amount consists of the delinquent monthly payments in addition to any late charges and/or all authorized expenses that are underlined in your Mortgage and Note. A breakdown of the reinstatement is attached (Exhibit A). Such payment must be m~de in the form of certified check, cashier's check, or money order and mailed to P. O. Box 141358, Irving, TX 75014-1358 or 222 W. Las Colinas Blvd., Suite 600, Irving, TX 75039. .. If you do not cure this default within THIRTY (30) DAYS of the date of this letter, we intend to exercise our right to accelerate the mortgage. This means whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount in default is not made within THIRTY (30) DAYS of the date of this letter, we also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If you cure this default, the mortgage will be reinstated. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year: Please call 1-800-436-7397 if you have any questions concerning , tlJis notice, ~RI:"~VEL~- Default Specialist C022S/MTM NOTICE I EMC Mortgage Corporation is writing regarding the c::ollection of your loan'; any information obtained may be used for that purpose. EXHiBIT "A" 222 West Las Colin as Boulevard. Suite 600, Irving, Texas 75039 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014.1358 EMC MORTGAGE CORPORATION ITEMIZATION OF AMOUNTS DUE Borrower: KAY B. HESS Loan Number: 154467-5 Due Date: July 01, 1997 Payments due 07-01-97 through 11-01-97 at 405.71. X 5 -, $ 2,028.55 Payments due through at X = $ Payments due through at X = $ INTEREST ARREARAGE PURSUZI.NT 'ro THE HUD ASSIGNMENT PROGRAM." ",.,.", $,00 LATE CHARGES..............,...................... $ 60.87 INSUFFICIENT FUNDS.....,.........,.,..""",.,.. $ 40,00 OTHER FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0.. $, 00 .. RECOVERABLE CORPORATE ADVANCE.,."".", ".""" $,00 SUSPENSE ITEMS... It.... ...... ...., ...~., ..., It... $(.00 TOTAL NET DUE.................................... $ 2,129.42 Exhibit "A" HT064/MTM/11-25-97 222 West Las Collnas Boulevard, Suite 600. Irving, Texas 75039 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 15014.1358 . EMC MORTGAGE CORPORATION IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE 'rOWARD YOUR MORTGAGE PAYMEN'I'S (Esta information puede set obtendia en Espanol) TO: Kay B Hess 145 Fairview Dr Car Carlisle PA 17013 RE: Date November 24, 1997 Property Address 145 Fairview Dr Car Carlisle PA 17013 Loan Number 154467-5 Mortgagee EMC Mortgage Corporation P.O. Box 141358 Irving, TX 75014 FROM: Marian McGinty Your mortgage is in sec'ious default because you have failed to pay installments of principal and interest promptly, as required for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,129.42. That amount is itemized below: !':onthly Payments Due (07-01-97 to 11-01-97) : $ 2,028.55 .. Accured Late Charges: $ 60.87 NSF Fees: $ 40,00 Property Inspections: $ ,00 Other Fees: (Incl. Interest Arrearage Bal. ) $ ,00 Subtotal I ...----- $ 2,129.42 Less Suspense (unapplied funds) $ .00 Total Amount of Delinquenoy, $ 2,129.42 HT422/MTM EJ:HIBIT "BII 222 West l.as Collnas Boulevard, Suite 600, Irving, Texas 75039 MAILING ADDRESS: P.O. Box 141358. Irving, Texas 75014,1358 .' C0022/pg2 PA Act 91 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. Dur.ing that time, you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your del~nguency~hat meeting must occur in the next thirty (30) da~ SEE ATTACHED LIST OF AGENCIES. If you attend a face-ta-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our' representative is I YWCA OF CARLISLE 301 G. STREET CARLISI,E, PA. 17013 717-'243-3818 It is only necessary ta schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you may fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer counseling agency will assist you in filling out your application. It must be filed or postmarked, within thirty (30) days of your face-to-face meet~ You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit counseling agencies on the attached _ list. The Pennsylvania Housing Finance Agency is located atl 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone No. I (717) 780-3800 or 1-800-342-2397 (toll-free). ,!t is extremely important that you file your application ~omPtlY. If you do not do so, or if you do not follow the gther time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. CO 023 'I L.III1 . i' d, int- ,\,,; v Ll if I', l:e') ~,' unt';L";'~L!\'nl JJi " ) 'c_ " j,'i r: ,'I _,U,l I'H ! II U II Il) Ii;, i Ii';, ',,'! tt, t Ii !Ij' ; 1 IJ II ,I 1 (.(Juntr. r't~rj() /i/;(\, ,I, " ! '-It;; llid d I l.i" I ri;- ,:,1[ i I ,-, I .ii ,I (i! 1\ ',' 1',,:, t(',iij t t 1-;,,-/1 ",1. lhtfifv filL ;ltt~- 'i ! I, \ , , , / ( I , ~ , __I, :'J: I r f! t I-: (, liCj "'~~~~~</~~ ';;,(11 I, :;';u i '~',j i';'. i (~I i . i., 1I!{1' 'ph, n ',.,' [ r; lid ,I " " " ;,:1; /~.g.. J~ 9 r\ .,a.~'-( ,lulm':t;' ~ ,'..-._iil"'-'.:"":Jr:;'- I t /1