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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
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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
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