HomeMy WebLinkAbout00-08497
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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
Norwest Bank Minnesota,
National Association, as
Trustee Under the Pooling and
Servicing Agreement dated as
of August 31, 1998, Series
1998-I
One Old Country Road,
Suite 429
Carle Place, NY 11514
Plaintiff
v.
Ray E. Malseed, Sr.
Fay L. Malseed
4 North Enola Drive
Enola, PA 17025
Defendant(s)
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ATTORNEY FOR PLAINTIFF
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. COURT OF COMMON PLEAS
: CIVIL DIVISION
: Cumberland County
:NO.oo- P491
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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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
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AV1SO
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. Race 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 previo 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 1MMED1ATAMENTE, S1 NO T1ENE ABOGADO
o S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE
ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONCE SE PUEDE CONSEGU1R
AS1STENC1A LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013-3387
717-249-3166 or 800-990-9108
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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. If 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. UDREN
Isl Mark J. Udren, Esquire
1040 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
(856) 482-6900
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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 vircue of the following recorded assignments:
Assignor: American Home Improvement
Assignee: TMS Mortgage Inc. dba The
Recording Date: 10/27/98 Book: 592
Products, Inc.
Money Store
Page: 1067
Assignor:
Assignee:
Recording
TMS Mortgage Inc. dba The Money Store
Norwest Bank Minnesota, National Association, as Trustee
Under the Pooling and Servicing Agreement dated as of
August 31, 1998, Series 1998-1
Date: LODGED FOR RECORDING Book: Page:
2.
Defendant{s) is 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
owner{s) and mortgagor{s) of the premises being foreclosed.
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) the sum appearing on said Mortgage, which
Mortgage was e~ecuted 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 PREMlSES: 4 North Enola Drive
MUNICIPALITY/TOWNSHIP/BOROUGH: East pennsboro Township
COUNTY: Cumberland
DATE EXECUTED: 7/27/98
DATE RECORDED: 10/27/98 BOOK: 1492 PAGE: 164
The legal description of the mortgaged premises is attached hereto
and made part hereof.
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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 Defendant (s) 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
10/27/00:
Principal of debt due and unpaid
Interest at 12.34% from 6/13/00
to 10/27/00
(the per diem interest accruing on
this debt is $6.32 and that sum
should be added each day after
10/27/00)
$18,700.49
865.84
Title Report
250.00
Court Costs (anticipated, excluding
Sheriff's Sale costs)
280.00
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $0.00 and that sum should
be added on the first of each
month after 10/27/00)
591 . 95
Late Charges
(monthly late charge of $5.00
should be added on the twenty eighth
of each month after 10/27/00)
0.00
Other Fees
14.00
Attorneys Fees (anticipated and actual
to 5% of principal)
en,> 02
TOTAL
$21,637.30
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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 defendant(s} have failed to proceed within the time
limits, or have been determined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s} eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $21,637.30 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
Mark J~SQUIRE
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
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ALL THAT CERTAIN TRACT OF LAND WITH TIrE IMPROVEMENTS THEREON ERECTED,
SITUATE ON THE NORTIrEAST SIDE OF NORTH ENOLA DRIVE, EAST PENNSBORO
TOWNSHIP, CUMBERLAND COUNTY, BY D.P. RAFFENSPERGER ASSOCIATES, ENGINEERS
AND SURVEYORS, DATED FEBRUARY 14, 1979 AND BEARING DRAWING NO. 268-72, AS
FOLLOWS, TO WIT:
BEGINNING AT A NAIL IN TIrE WALK ON THE NORTHEAST SIDE OF NORm ENOLA
DRNE, AT A CORNER OF PROPERTY NO.2, SAID NAIL BEING 29.0 FEET FROM THE
NORTIIWESTERLY EXTREMITY OF TIlE ARC OR CURVE CONNECTING THE EASTERLY
SIDE OF NORTH ENOLA DRIVE WIm TIIE NORTHERN SIDE OF CUMBERLAND ROAD;
TIlENCE EXTENDING FORM SAID BEGINNING POINT AND ALONG THE NORTIIEAST SIDE
OF NORTH ENOLA DRIVE, NORTH 07 DEGREES 00 MINUTES IlM], A DISTANCE OF 26.0
FEET TO A PIN AT PROPERTY NO.8; TIrENCE EXTENDING ALONG SAME NORTH 83
DEGREES 00 MINUTES EAST, A DISTANCE OF 115.0 FEET TO A PIN; TIrENCE SOUTH 07
DEGREES 00 MINUTES EAST, A DISTANCE OF 25.5 FEET TO A METAL FENCE POST AT A
CORNER OF PROPERTY NO.2 AFOREMENTIONED; :tHENCE EXTENDING ALONG SAME
AND PASSING THROUGH A DWELLING DMSION WALL THE TWO FOLLOWING COURSES
AND DISTANCES: (1) SOUTH 82 DEGREES 25 MINUTES WEST, A DISTANCE OF 49/30 FEET
TO A POINT; AND (2) SOUTH 83 DEGREES 00 MINUTES WEST, A DISTANCE OF 65.7 FEET
TO mE FIRST MENTIONED NAIL IN THE WALK AND PLACE OF BEGINNING.
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P 931 116 658
July 14, 2000 NFCL65243032
Fay L. Malseed
4 N Enola Dr
Enola, P A 17025
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice thai the morteaee on vour home is in default. and the lender intends to foreclose. Sneeifie
information ahout the nature oUhe default is nrovided in the attached na2es.
The Homeowners' Emereenev Mort2a2e Assistance Pr02ram rHEMAP) mav be able to helD to save vour home. This notice
eXDlainJ how the DrOflram works.
To see if HEMAP can helD vou. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take Ihis Notice with vou when vou meet with Ihe eounseline aeenev.
The name. address. and Dhone number of Consumer Credit Counseline Aeencies servine vour counlv are listed at the eDd of
this Notice. Ihou have anv ouestions. VOD mav call the Pennsvlvania Housine Finance Aeenev toll free at 1-800-342-2397
(Dersons with iOlpaired hearinecan 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 an attorney in your area. The local bar
association may be able to help ynu find a lawyer.
La Notificaion en adiunto es de 5uma imnortancia. Dues afecta so derecbo a continuar viviendo en so. casso Si no comorende
el enntenido de esta notifieion obtenn una tradueeionimmediatamente lIamando esta aeencia (Pennsvlvania Housine
Finance Allene,,) sin camos al Rumero meneionado arriba. Paedes ser ele2ible DafB un nrestamo Dor el oro!!rama Hamada
"Homeowners' Emernencv, Mort282e Assistance Prollram" 31 cual ouede salvar su casa de la nerdida del derecho a redimir
so hiooteca.
HOMEOWNER'S NAME(S) :
PROPERTY ADDRESS:
Fay L. Malseed
4 N Enola Dr
Enola, PA 17025
65243032
TMS Mortgage Inc.
LOAN ACCOUNT NUMBER:
CURRENT LENDERlSERV1CER
The Money Store
P. O. Box 96053, Charlotte, NC 28296-0053 Phone: 1-800-795-5125 Ex!. 10302
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-age two
NFCL65243032
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
"OU MAY BE ELIGIBLE FOR FINA~CIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE
"NO HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
:1' YOU COMPLY WITH THE PROVISION OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE
'\CT OF 1983 (THE" ACT"). YOU MAYBE ELIGIBLE 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
('INANCE AGENCY.
TEMl'QRARY 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
...ith one of the designated consumer counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR
"WITHIN THE NEXT THIRTY 130\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU
:MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI ,LED "HOW TO CURE YOUR
:MORTGAGE DEi' AUL 1" 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
;:ounseling agencies listed at the end of this Notice, the lender may NOT take further action against you for THIRTY (30) days after
"the date ofthis meeting. The names. addresses and telephone numbers of desi2nated consumer counselin2 a.eneies for the countv in
which vour nrooertv 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 immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in default for the reasons set forth later in this Notice (see
following pages for specific infonnation 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, and sign and file a completed Homeowners' Emergency Assistance Application with one of the
designated consumer credit counseling agencies listed at the end of this Notiee. 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 posnnarked 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 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 you application. During that additional time, no foreclosure proceedings will be pursued against you if you
have Illet 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 INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have med bankruptcy you can still apply for
Emergency Mortgage Assistance)
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NFCL65243032
0I0W TO CURE YOUR MORTGAGE DEF AUL T (Brinll it un to date)
"IATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property locatedat4 N Enola Dr Enola,
"'A 17025 IS SERlOUSL Y IN DEFAULT because:
""OU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS and the following amounts are now past due:
Delinquent Payment Balance:
(b) Late charge(s) :
(c) Other charge(s): NSF & Advances
(d) Less: Credit Balance
(e) Tolal amounl required as of 07/1312000:
$752.91
$,00
$119.86
$.00
$872.77
:'fOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (ifapplicable):
1I0WTO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date ofthis letter BY PAYING
:rHE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS, $872.77, PLUS ANY MORTGAGE PAYMENTS AND LATE
:=HARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made
",lther bv cashier's check. certified check. or monev order made Davable to:
Regular Mail:
TMS Mortgage Inc.
1'0 Box 96053
:::harlotte. NC 28296-0053
Overnight Mail:
FUNB Lockbox 96053
1525 West W. T. Harris Blvd.
Charlotte, NC 28262-0053
"You can cure any other default by taking tbe following action witbin THIRTY (30) Days of the date of this letter: (Do not use
if not applicable.)
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 rioht to accelerate the mortoaoe debt. This means that the entire outstanding balance of this debt will be
;:onsidered due immediately. and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the amount
I()f default is not made within THIRTY (30) days ofthe letter dale, TMS Mortgage. Inc., also intends to instruct their attorneys to start
a legal action to foreclose uoon your mort282ed orooertv.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage
;debt. Ifthe 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 ifthey are over $50.00. Any attorney's fees will be added
ao the amount you owe the lender, which may also include their reasonable costs. Ifvou cure tbe default within the THIRTY (30)
I>A Y oeriod. vou will not be renuired to Dav attornevs' fees.
J()THER LENDER REMEDIES- The \cndcr may also sue you personally for the unpaid principal balance, and all other sums due
...nder the Mortgage.
:RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30)
oday period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to
I()ne 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,
..easonable altorneys' 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. Cu ring your default in the
:manner set forth in this Notice will restore your mortgage to the same position as iryou bad never defaulted.
"EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest dale that such sheriff's sale could be held is
"Would be approximately FIVE (5) months from the dale 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,
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NFCL65243032
HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL
"\lame of Lender: The Money Store
-\ddress: FUNB LOCKBOX 96053
::ity, State, Zip Charlotte, NC 28262-0053
Telephone Number: 800-795-5125 Ext. 10302
Facsimile Number: 916-617-0655
IEFFECT OF SHERIFF'S SALE. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and
~our rightto occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furniture and
Ilther 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
oother requirements of the mortgage are satisfied.
-YOU MAY ALSO HAVE THE RIGHT
TO SELL THE PROPERTY TO OaT AIN MONEY TO PAY OFF 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 IF NO 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 DEF AUL T 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.
,HE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER.
Sincerely,
TMS Mortgage Inc.
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July 14,2000
'l'HE MoNE.,. S'rORE'
P 'i31 116 657
NFCL65243032
III~mllllllll~IIII~I~IIII1"III~"IIIIIIIIIIIIIIIIIIIlIIIIII"I!11I1II
0065243032NBRC
Ray E. Mal.oed Sr
4 N Enola Dr
Enola, P A 17025
ACT 91 NOTICE
TAKE ACTION TO SA VE YOUR HOME
FROM FORECLOSURE
Tbi, i. an official notice tbat the mort,,"!!e on vour bome is in default. and the lender intends to foreclose. Specific
information about tbe nature oftbe defaull i. provided in tbe attached Da!!e..
Th~ Homeowners' Ememencv Mortgal!e Assistance Pr02ram tHE MAP) may be able to helD to' save vour home. This notice
exolains how the Of02tam works.
To .ee ifHEMAP can helD vou. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou wben vou meet witb the coun.elin!! a.encv.
Tht name.. address. and ohone number of Consumer Credit Counselinl! Allendes servinll vour countv are listed at the end of
tbi. Notice. If vou bave aDV question.. vou mav call tbe PenDsvlvania Housin. Finance A!!cncv toll free all-800-342-2397
(persons with imDaired bearin!! can call 717-780-18691.
This notice contaiDs important legal information. If you have any questions, representalives at the Consumer Credit
Counseling Agency may be able to belp explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
La Notificaion en adiunto es de suma imDortancia~ DUes areda su derecho a continuar vivieDdo en SIl casa. Si DO comnrende
el c:ontenido de esta notificion obteml3 una traduccion immediatamente lIamando esta Blleocia (Penns'Vlvania Housin!l
Finance A2eof:v) sin Car2'05 31 Rumero mencionado arriba. Puedes ser elel!ible Dafa un nrestamo nor el orograma lIamado
"Homeowners' Emen-encv Mort2811e Assistance PrMram" af c'ual ouede salvar su C8sa de la oerdida del derecho a redimir
5U hiDoteca.
LOAN ACCOUNT NUMBER:
CURRENT LENDERlSERVICER
Ray E. Malseed Sr
4 N Enola Dr
Enola, PA 17025
65243032
TMS Mortgage Inc.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
The Money Store
P. O. Box 96053, Charlotte, NC 28296-0053 Phone: 1-800-795-5125 Ext. 10302
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?age two
NFCL65243032
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
'VOU MAYBE 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,
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 ofthe 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. 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 teleohone numbers of desi~nated consumer counselin~ a~encies for the counlY in
which vour orooer\y 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 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 tlte lender, you have the right to apply for financial assistance from tlte Homeowners' Emergency Mortgage Assistance Fuod. In
order to do tltis, you must fill out, and 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 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 fmance 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 INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you bave filed bankruptcy you can still apply for
Emergency Mortgage Assistance)
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NFCL65243032
-lOW TO CURE YOUR MORTGAGE DEFAULT (Brin.. it un to date)
..ATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at4 N Enola Dr Enola,
~ A 17025 IS SERIOUSLY IN DEF AUL T because:
""OU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS and the following amounts are now past due:
Delinquent Payment Balance:
(b) Late charge(s) :
(c) Other charge(s): NSF & Advances
(d) Less: Credit Balance
(el Total amount required as of 07/1312000:
$752.91
$,00
$119.86
$,00
$872.77
,,{OU HAVE FAILED TO TAKE THE FOLLOWING ACTION (ifapplicable):
HOWTO CURE THE DEFAUL T- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING
THE 'l"OTALAMOUNT PAST DUE TO LENDER, WHICH IS, $872.77, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD. Pavments must be made
either bv cashier's check~ certified check. or money order made Davable to:
Regular Mail:
"TMS Mortgage Inc.
]>0 Box 96053
.charlotte, NC 28296-0053
Overnight Mail:
FUNB Lockbox 96053
1525 West W. T. Harris Blvd.
Charlotte, NC 28262-0053
'Ii
-Vou Can cure any other default by taking the following action wilhin THIRTY (30) Days or the date orlhis letter: (Do not use
if uot applicahle.)
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 rieht to accelerate the mort..""e debt. This means that the entire outstanding balance ofthis 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 oftbe letter date, TMS Mortgage, Inc., also intends to instruct their attorneys to start
a legal action to foreclose DDon your mort!!8Sled Dronertv.
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IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. Ifthe lender refers your case to its attorneys, but you cure the delinquency before tbey 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 tbeir reasonable costs, Ifvou cure the default within the THIRTY (30)
DAY oeriod. you will not be reauired to Dav attorneys' fees.
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 tbe 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 tbe 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.
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OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all otber sums due
under the Mortgage.
EARLIEST POSSIBLE SHERIFF'S SALE DA TE- 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 ofthe actual date of the 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,
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NFCL65243032
-lOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL
-lame of Lender: The Money Store
'\ddress: FUNB LOCKBOX 96053
:::ity. State, Zip Charlotte, NC 28262-0053
"elephone Number: 800-795-5125 Ext. 10302
"acsimile Number: 916-617-0655
t:FFECT OF SHERIFF'S SALE- You should realize that a Sheriff's sale will end your ownership ofthe mortgaged property and
-,our 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
:Jther 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 asswne the mortgage
:lebt. Provided !hat all the outstanding payments, charges and attorneys' rees and costs are paid prior to or al the sale and that Ihe
lIllher requirements nf 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 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.
(HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT MORE THAN THREE TIMES IN A CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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.
THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS A IT ACHED TO THIS LETTER.
Sincerely,
TMS Mortgage Inc.
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V F. RTF T CAT 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 sourqe 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.
/fl'--/
Mark J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-08497 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORWEST BANK MINNESOTA
VS
MALSEED RAY E SR ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MALSEED RAY E, SR.
the
DEFENDANT
, at 0018:45 HOURS, on the 8th day of December, 2000
at 4 NORTH ENOLA DRIVE
ENOLA, PA 17025
by handing to
SUE MALSEED (DAUGHTER)
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
18.00
9.30
.00
10.00
.00
37.30
SO;P~~t
R ..:r:h,~m't.s Kline
12/11/2000
MARK UDREN
Sworn and Subscribed to before
By:
ff~~~~/Y1r
Deputy Sheriff
me this ,,^^-- day of
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Prothonotary ,
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08497 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORWEST BANK MINNESOTA
VS
MALSEED RAY E SR ET AL
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MALSEED FAY L
the
DEFENDANT
, at 0018:45 HOURS, on the 8th day of December, 2000
at 4 NORTH ENOLA DRIVE
ENOLA, PA 17025
by handing to
SUE MALSEED (DAUGHTER)
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
.00
.00
10.00
.00
16.00
So ;;~~!
R. Thomas Kline
12/11/2000
MARK UDREN
Sworn and Subscribed to before
By:
~d~~,/hAr
Deputy Sheriff
mCjthis 3AA~ day of
''''''''7 J...lyo( A.D.
~uQ hA.iL ~
rothonotary I
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MARK J. UPREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482~6900
Norwest Bank Minnesota,
National Association, as
Trustee Under the Pooling and
Servicing Agreement
dated as of August 31, 1998,
Series 1998-1
One Old Country Road, Suite
429
Carle Place, NY 11514
Plaintiff
v.
Ray E. Malseed, Sr.
Fay L. Malseed
4 North Enola Drive
Enola, PA 17025
Defendant(s)
,
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ATTORNEY FOR PLAINTIFF
. COURT OF COMMON PLEAS
: CIVIL DIVISION
: Cumberland County
: NO. 00-8497 Civil Term
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly mark the above DISCONTINUED WITHOUT PREJUDICE,
upon payment of your costs only.
DATED: February 1. 2001
Mark J, Udren, Esquire
Mark J. Udren & Associates
Attorney for Plaintiff
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