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Home My WebLink About98-06600 ~. ~ . .~ ... \ ... I~ I~ I ! If) ~ c;S... 't, I ~. i .J I "",. . q; l~ , .... <> ~ :4- i t j <:s 1~ I < . tl lu I ! i i ; I I I I I I ( \~ I- I -. i .~ i~ <:) -<:, . ..., . ~ . Ca ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 A'I'TORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 {i' lcL:.oO (l~ TERM Plaintiff v. NO. CUMBERLAND COUNTY MICHAEL D. PICKERING BARBARA A. PICKERING 319 EAST NORTH STREET CARLISLE,PA 17013 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 10. Pursuant to the Fair Debt Collection Practices Act, 15 V.S.C. S 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,379.28, together with interest from 9/1/98 at the rate of $19.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. )~l"" 1. };;;:. c ..,,--- /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PUII'luM."." "'t'r"ic" 1')j}ljI) \lIlum "\J~ .'o1t L&urcl. ~1 ';HO~.a t !! \1,1\ ;,1-, ~.'I. F I' ',J ....: ~ \ ,oj If&y 28, 1998 M1chael D Pickering Barbara A Pickering 319 East North Street Carlisle, PA 17013 RE: Loan Number 6665459 319 East North Stre Carlisle PA 17013 Dear Member(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage hela by PHH Mortgage Services (hereinafter we ua or ours) on your property located at 319 Eaat North Stre Carlisle PA 17013 is in serious default because you hav. not made the monthly payment of $ 830.71 for the last 6 months. Late chArges (and other charges) have also accrued to this date in the amount of $ 309.10. You may cure this default within thirty (301 days of the date of this letter by paying to us the amount of $ 5,293.36 plus any additional monthly payments and late charges which may fall aue auring this perioa. Such payment must be made either by cash, cashier's check, certified check or money order, and sent to 6000 Atrium Way, Mount Laurel, NJ 08054. If you ao not cure the default within thirty (30) days, we intend to exercise our right to accelerate tho mortgage paymenta. Thia means that whateve: is outstanding 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 of default is not III&de within thirty (30) days, we also intena to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sola by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys and you cure the default before they begin legal proceedings against you, you will still have to pay the r~asonable attorney's fees incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. 'ff ~ ". '~,; c,'', EXHIBIT A ~, ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INOEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USEO FOR THAT PURPOSE. The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1(800) 342-2397. La notificacion en ad junto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado 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. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Date: October 5, 1998 RE: Account No. 6665459 Premises: 319 East North street, Carlisle, PA 17013 TO: Michael D. PiCkering 319 East North Street Carlisle, PA 17013 Barbara A. PiCkering 319 East North street Carlisle, PA 17013 Federman and Phelan, attorney for Cendant Mortgage Corporation You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an FROM: EXHIBIT B explanation of your rights. 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days. If you attend a face-to-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 this meeting. As representative of the mortgage holder, our name and address is: FEDERMAN AND PHELAN, SUITE 900, TWO PENN CENTER PLAZA, PHILADELPHIA, PA 19102; Telephone Number: (215) 241-1711. The names and address of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $10,355.59. That sum includes the following: Total of monthly payments from 11/1/97 to 10/1/98 including all accrued late charges, if any: $10,355.59 Property inspections and NSF check charges, if any: 0.00 other charges accrued, if any: 0.00 -0.00 LESS: Suspense (unapplied funds): TOTAL AMOUNT OF DELINQUENCY: $10,355.59 N/A Your mortgage is also in default for the following reasons: 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 must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The EXHIBIT B consumer credit counseling agency will assist you in filling out your application and will sUbmit your 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. II is ..flfT!m.(v Important Ihal you rd. .your appli,'alion promptly. Ilyou c/o not do 50. or if you do nol 10/10141 Ih. olh" tim. ",riods $<'llorth in this I.u.,. 10fT!d05'''''' mu.v pro,'"d ilKuin51 YOilr hom. imm.diately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your 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 that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, HarriSburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342- 2397 (toll free nUmber). Persons with impaired hearing can call 1-800-342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called "Notice of Intention to ForeClose". '{ou must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, FEDERMAN AND PHELAN By: 7~~ Frank Federman FFjrntrn cc: PHH Mortgage Services (NJ) Attn: Rae Corbin Loan No.: 6665459 Sent by Regular Mail, Certificate of Mailing (PS Form 3877) , ! ., EXHIBIT B PENNSYLVANIA HOl:SL'iG FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTA....CE PROGRA.'\I CONSUMER CREDIT COliNSELING AGENCIES CRA WFORD COl'NTX Booker T. Washington Center Ino HolI:md Street Ene, PA 16503 (8IJ) JS3.57ol-1 FAX ~ (81Jl JS3-57J9 John F. KeMedy Center. Inc. 20~ I East 20th Slreel Ene. PA 16510 (8IJ) 898.().l00 FAX ~ (81J) S98-12J3 Gre:lter Ene Community Action Comminee IS West Sinth Street Eo,e. PA 16501 (81Jl J59-J581 FAX 4 (8IJ) JS6-0161 Sbenango Valley Urbani< League. Inc. 60 I Indiana A venue Fanell. PA 16121 (412) 981.5310 CUMBERLAND COl:NTY CDDSumer Credit Counseling Service of Western Pennsylvania. Inc, 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX ~ (9121 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro. P A 17268 (717) 762-3285 Communiry Action Commission of th~ Capital Region IS IJ Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 4 (7171 2301-2227 Urban L~3gue of Metropolitan Harrisburg 2107 North 6th Street Harrisburg. PA 17101 (717) 23J-5925 FAX # (717) 234-9459 YWCA of Carlisle 301 G. Street ' Carlisle. PA 17013 (717) 243-3818 FAX # (717) 731-9589 The Pennsylvania Housing F'inance Agency can be reacbed TOLL F'REE at 1(800) 342-2397 EXHIBIT B V&I!.U:'~~-LQl:i ~~\RC J IIINKLE hereby states that he/she is Vlel'; I'RI'~,IIJENI' of PHil MORTGAGE SERVICES mortqaqe servicing aqent for Plaintitf in this matter, that he/she is authorized to take this Verification, and that the statements made in the foreqoinq civil Action in Mortqaqe Foreclosure are true and correct to the best of his/her knowledqe, information and belief. The undersiqned understands that this statement is made sUbject to the penalties of 18 Pa. C.S. Sec. 4904 relatinq to unsworn falsification to authorities. DATE: /I-'O-1~