Loading...
HomeMy WebLinkAbout01-1646 FX .\ J' ,-, t FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PIllLADELPIllA, PA 19103,1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff Ciu~L~~ v. NO. 01- tI.1.Ib CUMBERLAND COUNTY JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMPHILL,PA 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 TillS 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 Loan #: 9678294 - r ,.-" r ' ~ . _ ......~ I.llfu' "c,,>r;nr.1 . 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known addressees) of the Defendant(s) are: JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 917/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CORESTATES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1232, Page 847. By Assignment of Mortgage recorded 10/11/94 the mortgage was assigned to BANCORP MORTGAGE, INC. which Assignment is recorded in Assignment of Mortgage Book No. 483, Page 993. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ,.... 1--' ,., , .~ -, ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 1011/00 through 3/1/01 (Per Diem $14.42) Attorney's Fees Cumulative Late Charges 9/7/94 to 3/1/01 Cost of Suit and Title Search Subtotal $57,668.09 2,191.84 2,883.00 159.38 550.00 $63,452.31 Escrow Credit Deficit Subtotal 977.99 0.00 ($ 977.99) TOTAL $62,474.32 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant{s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date{s) set forth in the true and correct copy of such notice{s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant{s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant{s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant{s) in the sum of $62,474.32, together with interest from 3/1/01 at the rate of$14.42 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. ~ ~~.~J /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -- ':';"-'~"-'" ~=, ,- """'o'~ . _,'0' ,- ~I~~~ ~ " dS1 , ION ION First Union Mortgage Corporation Post Office Box 900001 Raleigh, North Carolina 27675-9001 1100 Corporate Center Drive Raleigh, North Carolina 27607-6066 JOSEPH T GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice thaI the mortgage on your home is in default and the lender intends to foreclose. Snecific information about the nature ofthe default is nrovided in the attached oaf!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM !REMAP) may be able to help to save vour home. This Notice exnlains how the orolITam works. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OFTHE DATE OF THIS NOTICE. Take this Notice with YOU when you meet the Counseling Agency. The name. address and ohone number of Consumer Credit Counseling: Ae:encies servin!! your County are listed at the end of this Notice. Ifvou have any Questions. YOU may call the Pennsvlvania Housing Finance Agency toll free at 1,800,342,2397. (Persons with impaired hearing can 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 you find a lawyer. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTlFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDlDA DEL DERECHO A REDlMIR SU HIPOTECA EXHiB\T A -;?,~ ",~ "'l!- -~~, .'Jilj"ii" ~ f,~JN First Union Mortgage Corporation Post Office Box 900001 Raleigh, North Carolina 27676-9001 1100 Corporate Center Drive Raleigh, North Carolina 27607.s066 DEBRA A GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. Soecific information about the nature of the default is provided in the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM !HEMAP) mav be able to helD to save vour home. This Notice exolains how the ormrram works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this NOlice with vou when vou meet the Counselinll Allencv. The name. address and nhone number of Consumer Credit Counseline: Ae:encies servine: vour County are listed at the end of this Notice. Ifvou have anv auestions. vou mav call the Pennsvlvania Housine: Finance Agencv toll free at 1,800.342,2397. (Persons with imoaired hearing can 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 you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA SI NO COMPRENDE EL CONTENIDO DE EST A NOTlFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA EXHIB\T A vn, -,," ~""""'~-- I" Mortgagor Co' mortgagor Property Address DEBRA A GRUBB FUMC Loan Number Original Lender Current Lender/Servicer 3810 BELLOWS DR CAMP HiLL, PA 17011 0009678294 First Union Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 PROVISIONS OF THE HOMEOWNER'S 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 of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that lime you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (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,lfvou meet with one of the consumer credit counseline: allencies listed at the end of this notice the lender may NOT take action alZainst YOU for thirtY (0) davs after the date of this meeting. The names, addresses and teleDhone numbers of designated consumer credit counselioe: allencies for the county in which the orooerty is located are set forth at the end oerhis Notice. It is only necessary to schedule one face-ta-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE, Your morlgage is in a default for the reasons set forth later In this Notice (see following pages for specific iDformation about the nature of your default.) If you have lried and are unable 10 resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program 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 complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked wilhin thirty (30) days of your face,to,face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOL DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLlCATIOI'i FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGEI'iCY ACTION,Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility crileria eSlablished by Ihe Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During Ihat time. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth EXHIBIT A li\"-!'_""""1\~"" "" .......""~ . ~ '1- "-,~ " -< above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your applicalion. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If ou have filed bankru tc ou can still a I Cor Emer enc Mort a e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it un to date). NATURE OF THE DEFAULT, The MORTGAGE debt held by the above lender on your property located at: 3810 BELLOWS DR, CAMP HILL, PA 170Il IS SERIOUSLY IN DEFAULT because: A. YOU HA VE NOT MADE MONTHL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartlEnd: Il/01l2000 through 02/0112001 at $749.02 per month. Total Amount of Delinquent Payments Due Late Charges Property inspections and NSF check charges, if any Other charges accrued, if any LESS: Suspense (unapplied funds) TOTAL AMOUNT OF DELINQUENCY 2996.08 134.15 15.00 32.50 0.00 3177.73 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot aPlllicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3177.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cashier's check. certified check or monev order made navable and sent to: First Union Mortgage Corporation, Attention: Payment Processing, IlOO Corporate Center Drive, Raleigh, NC 27607-5066. IF YOU DO NOT CURE THE DEFAULT,lfyoudo not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the mortea?:e debt. The means that the enlire outslanding balance oflhis debl will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made wilhin THIRTY (30) DAYS, the lender also inlends to instruct its attorney to slart legal action 10 foreclosure UDon your morte:aee nronertv. IF THE MORTGAGE IS FORECLOSED UPON, The mortgage property will be sold by the Sherilflo pay off the mortgage debt. If the lender refers your case 10 its attorneys, but you cure the delinquency before Ihe lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees Ihat were actually incurred, up 10 $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to Ihe amount you owe the lender, which may also include other reasonable cosls. If vou cure the default within Ihe THIRTY (30) DAY neriod. vou will not be required to nay attorney's 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,Ifyou have not cured the default wilhin the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ri~ht to cure the default and nreyent the sale at any time un to one hour before the Sheriffs Sale. You may do so by oaying the total amount then past due. olus any late or other chames then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecified in writine: by the lender and by oerformim! any other reauirements under the morteae:e. Curing EXHIBIT A .,i'-~, ", 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 DA TE.It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent 10 you before the sale. Of c:ourse, 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. HOW TO CONTACT THE LENDER: First Union Mortgage Corporation Attention: Payment Processing 1100 Corporate Center Drive Raleigh, NC 27607-5066 Phone: (800) 654-1350 Fax: (919) 852-7424 Contact: Edward Eary EFFECT OF SHERIFF'S SALE, You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE, You mayor_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume Ihe mortgage debl, provided that all the oulstanding payments, charge and attorney's fees and cost 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 PAY OFF THE MORTGAGE DEBT OR TO BORROW 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, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Sent by Regular Mail, Certificate of Mailing (PS Form 3877), and Certified Mail Sincerely, &~ &MIf Edward Eary Delinquency Control Mortgage Loan Servicing Group BLPAOI EXHIBIT A I' PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY - Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, P A 17703 (570) 326,0587 FAX (570) 322.2197 CCCS of Northeastern PA 201 Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA C01JNTY 31 W. Market Street POB 1127 Wilkes,Barre. P A 18702 (570) 821-0837 or (800) 922,9537 FAX (570) 821.1785 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes.Barre. PA 18702 (570) 826-0510 or (800) 822.0359 FAX (570) 829.1665-{Call Before Faxiog) (570) 455-4994 Hazeltown FAX (570) 455.5631-{Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453.5744 FAX (814) 5749 CRAWFORD C01JNTY John F. Kennedy Center, Inc. 2021 East 20. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CUMBERLAND COIlNTY eees of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541.1757 Urban League of Metropolitan Harrisburg N.6lhStreet Harrisburg. P A 1710 I (717) 234-5925 FAX (717) 234,9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg. PA 17104 (717) 232.9757 FAX (717) 234,2227 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 '<--.,.- ~' - - ,- - ,~.~ --, .~ , r CCCS of Northeastern P A 1631 South Atherton St, Suite 100 State College, PA 16801 (814) 238.3668 FAX (814) 238.3669 1400 Abington E~ecutive Park Suite 1 Clarks Summit, PA 18411 (570) 587.9163 or (800) 922,9537 FA.X (570) 587,9134,9135 Greater Erie Community Action Comminee 18 West 91b. Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981'5310 Financial Counseling Services of Franklin 31 West 3~ Street Waynesbora, PA 17268 (717) 762.3285 YWCA of Carlisle 30 I "G" Street Carlisle, PA 17013 . (717) 243,3818 FAX (717) 731,9589 Adams County Housing Authority 139,143 Carlisle St Gettysburg, P A 17325 (717) 334-1518 FAX 334,8326 EXHIBIT A. ALL TIIAT CERTAIN lot or piece of ground, with the buildings and improvements 'thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, mor'e particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Bellows Drive at the dividing line between Lots Nos. 23 and 24 of the hereinafter mentioned Plan; thence by the southern line of Bellows Drive north 82 degrees 25 minutes east a distance of 100.31 feet to a point at the dividing line between Lots Nos. 22 and 23 of the Plan; thence by said dividing line south 7 degrees 35 minutes east a distance of 116.47 feet to a point at line of Lot No. 21 of the Plan; thence along the same south 64 degrees 59 minutes 40 seconds west a distance of 13.12 feet to a point at the dividing line between Lots Nos. 23 and 24-X of the Plan; thence along the same south 66 degrees 38 minutes 12 seconds west a distance of 53.63 feet to a point at the dividing line between Lots Nos. 23 and 24 of the Plan; chence by said dividing line north 22 degrees 35 minutes 20 seconds west a distance of 139.75 feet to a point on the southern line of Bellows Drive, the point and place of BEGINNING. BEING all of Lot No. 23, Block 0, Plan II., Pinebrook, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 23, at Page 148. HAVING thereon erected a single family dwelling known and nwnbered as 3810 B-ellows Drive. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises conveyed to Elvin R. Helsel, deceased, by Deed of Erika M. Helsel aka Erika Boyanowski Helsel, dated August 23, 1981 and recorded in the Office of the Recorder of Deeds in and for Cwnberland County, Pennsylvania in Deed BQJ:l\-,l\-, ,\I,ol\!J!1'h~,="~ge 8~. --~ ~r ~ .-:'"' ,-_. "."1 -.'"'^~ ~ >""~,~,' ~ ",. -', , , VERlFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is , authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofms knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. ~~~-' aoHN SCH EPPE DATE: 8//lPIOI I I ~,:,'i- ',,- . I ',~ -.' . ! ",-",. ~ ';"" _ 1W'~m~ ~,-. , ,- _1IIl!,__~ -", , ." .- ,~- ,,'~"-~' >"'-,""','"-=- ""'.",-.,,, """'~' .We "'"o/_'u e'" ,,, , 0 c;:; c t ~e '1( () ../Q ~S0 '-',,,, ~ :;',] ~ ~ ~ 5 7'::C 1'0 ~ . ~~'~ 6) R, r.~- .... 0 fJ) <1...- ~\J i::; )>: -, :::r: " ~ "'-",,( J \.....,.-' 0- ~cJ -;:-"-( ;. l' I I ~'(': :';,) ~.Y " ...0 ~ ~ .....4 ~ Z -~. .... ::;! "'- ::Xl f' J:'" ...,< r ~ .~.- <~~~l!"~>-;orj;''''~<\i~~''''';;-''?''F-'''1~''''-~l'\<i,~!'1re~1'fIi!Jmf''!,~~H~1If.!''''l!'%n.w:ti'<jf~~\F.'il'!l!!ll"~IW~~~~ ./ \ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01646 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS GRUBB JOSEPH T ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GRUBB JOSEPH T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GRUBB JOSEPH T DEFENDANT MOVED LEFT NO FORWARDING ADDRESS WITH PO Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 SO~ R.E omas Kline Sheriff of Cumberland County FEDERMAN AND PHELAN 04/19/2001 Sworn and subscribed to before me this d. 'I~ day of t1',:r ;L(!-()/ A.D. g,~, () ~,f(;..., ~ Pro h notary . . {'~ t'" ~ __0; SHERIFF'S RETURN - NOT FOUND , " CASE NO: 2001-01646 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS GRUBB JOSEPH T ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GRUBB DEBRA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GRUBB DEBRA A DEFENDANT MOVED LEFT NO FORWARDING ADDRESS Sheriff's Costs: Docketing Service Affidavit Surcharge NOT FOUND 6.00 .00 .00 10.00 5.00 21.00 ~ R. Th mas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 04/19/2001 Sworn and subscribed to before me this :J..'-/ ~ day of rr-:p a?CH:J / A . D . Q~ O~ M~it..."A~ Pro h otary .~ ," . . lft- FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103,1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, V A 22102 v. TERM Plaintiff 0o;l (-~ NO. 01 - 1f..1.I(. CUMBERLAND COUNTY JOSEPH T, GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL, PA 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. Y Oll 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. IFYOU 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. We hereby certify the Within to be a true and correct copy of the original filQd of record FEDERMAN AND PHELAN LO<.ln rt: 96 7821,14 ,,:~%i:lI~~1. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TRUE COpy FROM RECORD m T ootlmooy wlwoof, I htre unto set my hani MIl it., ~ Oil <:;~i.(l 1~.!at Carlisle.... ~'" ~.~ '- ,,_ dap~ ,. .', ,~~ .,. ~ -I I', 'r_ ~I ",. ,,0= ".'=___ R"', ;\'7";-'" I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/7/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CORESTATES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1232, Page 847. By Assignment of Mortgage recorded 10/11/94 the mortgage was assigned to BANCORP MORTGAGE, INC. which Assignment is recorded in Assignment of Mortgage Book No. 483, Page 993. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." " ~ 1- I -' ,. -~ .' :m 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1100 through 3/1/01 (Per Diem $14.42) Attorney's Fees Cumulative Late Charges 9/7/94 to 3/1/01 Cost of Suit and Title Search Subtotal $57,668.09 2,191.84 2,883.00 159.38 550.00 $63,452.31 Escrow Credit Deficit Subtotal 977.99 0.00 ($ 977.99) TOTAL $62,474.32 7. The attorney's fees 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 Sheriffs Sale. Ifthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $62,474.32, together with interest from 3/1/01 at the rate of$14.42 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. Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0" " ' " ~~'. r'''''''~ --.1'" . If\ -'!ei/L""",_ ..,51 "ljNION First Union Mortgage Corporation Post Office Box 900001 Raleigh, North Carolina 27675-0001 1100 Corporate Center Drive Raleigh, North Carolina 27607-5066 JOSEPH T GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice that the mortl!a2e on vour home is in default and the lender intends to foreclose. SDecific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM fHEMAPl mav be able to helD to save vour home. This Notice exoJains how the oro2ram works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselimr Allencv. The name. address and ohane number ofCansumer Credit Counseling Allencies serving your County are listed at the end of this Notice. lfvou have any auestions. vou mav call the Pennsvlvania Housinl! Finance Agencv toll free at 1.800-3~2-2397. (Persons with imDaired hearing can call (717) 780-18691. 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 you find a lawyer. LA NOTlFICACION EN ADJUNTO ES DE SU,-IA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SL' CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENG.\ UNA TR.\DL'CCION INMEDITA,-lENTE LLAMANDO ESTA AGENClA (PENNSYL V A:--:IA HOL'SING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PL'EDES SER ELEGIBLE PAR."'. UN PRESTAMO POR EL PROGR.\~L'" LLA,-l.\DO "HO~IEOW:--:ERS E\IERGE:--:CY ~IORTGAGE ASSISTANCE PROGRA\l" EL CLJ..\L PUEDE SAL V.\R SL' CAS.'" DE L.'" PERDlD.\ DEL DERECHO.\ REDl)'IlR SU HIPOTECA. EXH\B\T A . ,"..,............, ~~ I ' I' . ~~ ~_.~,l,."" "'" , . ~ .S1 f 'ljN ION First Union Mortgage Corporation Post Office Box 900001 Raleigh, North Carolina 27675-9001 1100 Corporate Center Drive Raleigh, North Carolina 27607-6066 DEBRA A GRUBB 3810 BELLOWS DR CAMP HILL, PA l70ll ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice that the rnortea2e on your home is in default and the lender intends to foreclose. Soecific information about the nature of the default is nroyided in the attached naees. The HOMEOWNER'S MORTGAGE ASSIST ANCE PROGRAM (HEMAPl mav be able to help to sa,'e your home. This Notice exolains how the oroeram works. To see if HEMA? can help, VOll must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DA YS OF THE DATE OF THIS NOTICE. Take this Notice with Vall when Vall meet the Counselinl! A!!encY. The name. address and phone number of Consumer Credit Counseline Agencies servin!! your County are listed at the end of this Notice. {[YOU have any Questions. yOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with imoaired hearing can 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 you find a lawyer. L\ NOTIFICACION EN ADJCNTO ES DE SD!." I"IPORTANCIA, PUES AFECT." SC DERECHO .\ CONTlNUAR VIVIENDO EN SU CASA. 51 NO CO"IPRENDE EL CONTENlDO DE EST." NOTlFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLA,,!.-\NDO EST." AGENCIA (PENNSYL VAN!..\ HOCSING FIN,.\NCE AGENCY) SIN CARGOS .\L NU"IERO "IENCIONADO ARRIBA PUDES SER ELEGIBLE PARA CN PRESTA"IO POR EL PROGR.""!." LLA"L\DO "HO"IEOWNERS E:VIERGENCY "IORTGAGE ASSISTANCE PROGRA"I" EL Cl'."L PLEDE S."L VAR SL: C\S.'\ DE LA PERDID.\ DEL DERECHO A REDI\IlR SL' HIPOTECA. EXHIB\T A .,C._, , , ~- Mortgagor Co,mortgagor Property Address DEBRA A GRUBB FUMC Loan Number Original Lender Current LenderiServicer 3810 BELLOWS DR CAMP HILL, PA 17011 0009678294 First Union Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGR.UI YQU MAY BE ELIGIBLE FOR FINAl'OCIAL ASSISTANCE WHICH CAN SAVE YOUR HO:\lE FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMEl'OTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSIST ANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE P A YyIENTS. AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-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 one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (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 y[ORTGAGE UP TO DATE. COl'OSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counseling: agencies listed at the end of this notice the lender may NOT take action al!ainst YOU for thirt\: (30) davs after the date of this meeting. The names. addresses and teleohone numbers of designated con~umer credit counselimr a!j:encies for the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face.to-face meeting, Advise your lender immediatel..... of your intentions, APPLlCA TIO,," FOR MORTGAGE ASSISTA:\'CE-Your mortgage is in a 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 Homeowner's Emergency Mortgage Assistance Program, To do so, you must till out. sign and file a completed Homeowner's Emergency Assistance Program 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 complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked \vithil1 thirty' (30) days of your face-to-face meeting. YOL :\ILST FILE YOLR APPLlCA no;,; PRO:VIPTl Y. IF YOt.: FAIL TO 00 SO OR IF YOC DO :\'OT FOllOW THE OTHER TIME PERIODS SET FORTH 1:\ THIS lETTER, FORECLOSLRE :VIA Y PROCEED AGA[:\ST YOUR HOME I:\IMEDIA TEL Y A:\D YOCR APPLlCA TIO:\ FOR MORTGAGE ASSISTA:\CE WILL BE DE:\IED. AGE:\CY .-\CTIO:\-:\vailablc funds for t:ll1crgcncy mortgage assistance are \'.:ry limited. They \\'ill be disbursed bv the :\gcncy under the eligibility criteria established by the Act. The Penns\'!\'ania Housinl! Finunce Ag~ncy ha: six-ty (60) days to'" mak; a decision after it rec~i\'es your application~ During that ti~e. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth EXHIBIT A above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: It YOU ARE CURRENTL Y PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If vou have med bankru tc' vou can still a I for Erner encv Mort aae 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: 3810 BELLOWS DR, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amoUnts are now past due: StartlEnd; 11/01/2000 through 02/01/2001 at 5749.02 per month. Total Amount of Delinquent Payments Due Late Charges Property inspections and NSF check charges, if any Other charges accrued, if any LESS; Suspense (unapplied funds) TOTAL AMOUNT OF DELI:\'QUE;\,CY 2996,08 134.15 15.00 32.50 0.00 3177.73 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot applicable I: N;A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AJvlOUNT PAST DUE TO THE LENDER, WHICH IS S 3177.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cashier's check. certified check or money order made navable and sent to: First Union l\'Iortgage Corporation, Attention: Payment Processing, 1100 Corporate Center Drive, Raleigh, NC 27607,5066, IF YOU DO 1'\OT CURE THE DEFAUL T.lfyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rillhts to accelerate the mortgage debt. The 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 total amount past due is not made within THIRTY (30) DAYS, the lender also intcnds to instruct its attorney to start legal action to foreclosure un On your mortllal!e nronertv. IF THE MORTGAGE [S FORECLOSED UPO!'i- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 550.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 550.00. Any attorney's fees will be added to the amount you O\ve the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (0) D^ Y oeriod. YOU will not be required to Day attorney's fees. OTHER LE:\OER REMED[ES-The lender may also sue you personally for the unpaid principal balance and all other SUms due under the mortgage. R[GHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default \vithin the THIRTY {30) DAY period 3nd foreclosure proceedings have begun, YOU still have the ri!:!ht to ~l,lle the uefaulJ and. prevgnt the sale at any time UD to one hour before the Sheriffs Sale. You mav do so bv oaving the total amount then oast due. olus any late or other chames then due. reasonable attornt:v's fees and costs conntcted with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecitieu in writing bv the lender and bv performing any other requirements under the mortgage. Curing EXHIBIT A I !--"l? , . . "-"""r ~"I ..- _-J . J '. 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 a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the 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. HOW TO CONTACT THE LENDER: First Union Mortgage Corporation Attention: Payment Processing 1100 Corporate Center Drive Raleigh, NC 27607-5066 Phone: (800) 654-1350 Fax: (919) 852-7424 Contact: Edward Eary EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership ofrhe mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender :1t any time. ASSUMPTlO:\ OF MORTGAGE -You mayor_may not (CHECK ONE) sell or transfer your home to a buyer or transferee \vho will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOl' MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PA Y OFF THE y[ORTGAGE DEBT OR TO BORROW 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 DEFAlJL THAD OCCURRED, IF YOU CURE THE DEFAULT (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TiMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT INSTiTUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH .".CTIOl'< BY THE LENDER . TO SEEK PROTECTiON UNDER THE FEDERAL BANKRUPTCY LA\V. CONSC~IER CREDIT COUNSELING AGENCIES SERVING YOUR COCNTY IS ATTACHED Sent by Regular Mail, Certificate of :\Iailing (PS Form 3877). and Certified :\Iail Sincerely, &~ &aIUf Edn'ard Ear~ Delinquency Control Nlortgagc LOJ.n Scn'icing Group BLP.\iJi EXHIBIT A 4';:mtI~ " . PENNSYLVA!'IIIA HOUSING F1NA!'IICE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAl'\" CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsporl. PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS ofNonheastem P A 1631 South Atherton St, Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS ofNonhe:lSlem P A 20 I Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COL'NTY 31 W. Market Street POB 1127 Wilkes.Barre, P A 18702 (570) 821"()837 or (800) 922-9537 FAX (570) 821-1785 1400 Abington Executive Park Suite I Clarks Summit PA 18411 (570) 587-9163 or (800) 922-9537 FA-X (570) 587.9134-9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes.Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 455-1994 Haze1town FAX (570) 455-5631-(Call Before Faxing) (570) 836-1090 Tunkhannock CRAWFORD COL'NTY BeokerT. Washington Center 1720 Holland Center Erie. P A 16503 (814) 453,5744 FA.X (814) 5749 Grellter Erie Community Action Committee 18 West 9tbStrect Erie, PA 16501 (814) 459-1581 FA-X (814)456-0161 John F. Kennedv Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 60 I Indiana Avenue Farrell, PA 16121 (412) 981-5310 eees of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg. PA 17102 (717) 541-1757 CUMBERLAND COUNTY Financial Counselim! Services of Franklin 31 West 3rd Street - Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6111 Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 .'Q" Street Carlisle, P A 17013 . (717)243-3818 FA-X (717) 731-9589 Community Action Camm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-97;7 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle Sl Gettysburg, PA 17325 (717) 334-1518 FA-X 334.8326 PE:-INSYL VANIA BULLETIN, VOL. 29, NO. 2;1, .Th'NE 5, 1999 EXHIBIT A <, y . ALL TIIAT CERTAIN lot or piece of ground, with the buildings and improvements the'reon erected, situate in Hampden Township, Cumberland County, Pennsylvania, mo re p~ r t icula rly bounded and described as follows, to wi t: BEGINNING at a point on the southern right-of-way line of Bellol's Drive at the dividing line between Lots Nos. 23 and 24 of the hereinafter mentioned Plan; thence by the southern line of Bellows Drive north 82 degrees 25 mInutes east a distance of 100.31 feet to a point at the dividing line between Lots Nos. 22 and 23 of the Plan; chence by said dividing line south 7 degrees 35 minutes east a distance of 116.47 feet to a point at line of Lot No. 21 of the Plan; thence along the same south 64 degrees 59 minutes 40 seconds west a dIstance of 13.12 feet to a point at the dividing line between Lots Nos. 23 and 24-X of the Plan; thence along the same south 66 degrees 38 minutes 12 seconds west a distance of 53.63 feet to a point at the dividing line between Lots Nos. 23 and 24 of the Plan; thence by said dividing line north 22 degrees 35 minutes 20 seconds west a distance of 139.75 feet to a point on the southern line of Bellows Drive, the point and place of BEGINNING. BEING all of Lot No. 23, Block 0, Plan 14, Pinebrook, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 23, at Page 148. IIAVING thereon erected <1 single family dwelling known <lnd nwnbered <lS 3810 Bellows Drive. UNDER A.ND SUBJECT, nevertheless, to e<lsernents, restrictions, reservations. conditions and rights of way of record. BEING tbe S<IDe premises conveyed to Elvin R, Helsel, deceased, by Deed of Erika :1. lIelsel aka Erika Boyanol'ski Helsel, dated August 23, 1981 and recurded in ttle Office of the Recorder of Deeds in and for C1nnberla:ld Coun~y, Pennsy L 'Ian ia in Deed B~1.t--,~ C"V.ol,~~ ~ ,=,~ge S:W. ",'I ~'i J 0 ~ _ ~., _ I'" "_.: VERlFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. ~ ~)'?-' aoHN SCHWEPPE DATE: ,5/IIJIDI I . -.",'~~~~, " lAl.l ;-1 1'-, ~"'1 ~', v ,I",' , ~\v~ - "~M .~ , ~"]lf\lill~ ~ ~ 'W" ,~^ '. -~~ " ---~ ' ~, "d'" .- .~,~"' ", -~,,~~-~'~ -,l't'I1~~~WW1~~~~'!l'IffOO!II1,~r""r"'Il""''''".'""'''1'-'''' q',,-,,!,"~---. - " . -----..---. ,-, "-'"."'-"""'-~"'~'~- '. I _...11.'___ _ 'r.',,"' ;'''__'''",~,,,,,,,,"'''_~ ~ ~c, ~t: ). .~ GC) .. ~- ,. r-',o.., '" \>. .h..r---- ~,-:, --. .b. . , " ~'Jt:: "" ~ 1,"') (~ ....":::::; ,~-- ~0 --'--,'-rr -0:> ,,-, , ~ 'i; ~~ ...., "",. ~. C:}1- l.';V) C::'-~ <.:r1) .....~ "':>r ,~ ii/Xi ,CPi'l :iJt&i ':.,' ~!@i e::.; -....: -;"'-'-/'5,'~"' "-""''-''WTi!1''''''rJ,\!@',_~~'-M'f~~~I~~@Wl~F;'''''''''~!~;[iII~!!'~I!!l~~l ~ ' < FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103,1814 (215) 563,7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff NO.C>I-/f,lI1. Co~l ~~ v. CUMBERLAND COUNTY JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL, PA 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We hereby certify the within to be a true and correct copy of the original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249,3166 Loan;4: 9678294 TRUE COPY FROM RECORD In Ttllitimony ~eof.lllerlruritoS8t my hani ;;~ m. _ It said Col.1rt at Carlisle. Pi. l~~~ f"~ ~ '- , ~G Pi.,., ~ ':~ ".~iti!lI!!IiijIllI '''"" '1-' ". , ,\ , < I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known addressees) of the Defendant(s) are: JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL. PA 17011 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/7/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COREST A TES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1232, Page 847. By Assignment of Mortgage recorded 101ll/94 the mortgage was assigned to BANCORP MORTGAGE, INe. which Assignment is recorded in Assignment of Mortgage Book No. 483, Page 993. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A," i"". u~.~ i'l, > " ,""l ~I' '~"""'!I''''''''''''' . , , 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 3/1/0 I (Per Diem $14.42) Attorney's Fees Cumulative Late Charges 9/7/94 to 3/110 I Cost of Suit and Title Search Subtotal $57,668.09 2,191.84 2,883.00 159.38 550.00 $63,452.31 Escrow Credit Deficit Subtotal 977.99 0.00 ($ 977.99) TOTAL $62,474.32 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. g1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $62,474.32. together with interest from 3/1/01 at the rate of$14.42 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. Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ";~ ~, . ~~ "I I ~"! I'" fl~tif~N First Union Mortgage Corporation Post Office Box 900001 Raleigh, North Carolina 2767S.soo1 1100 Corporate Center Drive Raleigh, North Carolina 27607-5066 JOSEPH T GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached DaRes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM iHEMAP) mav be able to help to save your home. This Notice exolains how the oro!!ram works. To see if HEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselin2: A2:encv. The name. address and ohane number of Consumer Credit Counselinl! Al!encies servin!! your County are listed at the end oelhi.;; Notice. levol! have any auestions. vou may call the Pennsylvania Housimz: Finance Agency toll free at 1,800-342-2397. (Persons with imoaired hearing can call 17171 780-1869), This Notice contains important legal information. If YOll have any questions, representatives at th~ Consumer Credit Counseling Agency may be able to help explain it. Yau may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTlFICACION EN ,".DJUNTO ES DE SLi1>-IA IMPORTANCIA. PliES AFECTA SLJ DERECHO .". CONTINLiAR VIVIENDO EN SLJ CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFlCACION OBTE1'<G.". LiNA TRADLCCION INMEDlTAMENTE LLA:VIANDO EST.". AGENCIA (PENNSYL VANL". HOLSING FINANCE AGENCY) SIN CARGOS AL NL\IERO 'vlENCIONADO ARRIBA PLiEDES SER ELEGIBLE PARA LiN PRESTA\lO POR EL PROGR.-\\IA LLA\L\DO "HO\IEOWNERS E\IERGE:\CY \IORTGAGE ASSIST.\NCE PROGR.-\:Vl" EL CL.\L PLJEDE SAL V.-\R SLi CAS.\ DE 1..-\ PERDlD.'\ DEL DERECHO .\ REDI'vlIR SL HIPOTEC\. EXH\6\T A ''',: ,~I . r -:" ,I ftff~JN First Union Mortgage Corporation Post Office Box 900001 Raleigh, North Carolina 27675-9001 1100 Corporate Center Drive Raleigh, North Carolina 27607.s066 DEBRA A GRUBB 3810 BELLOWS DR CAMP HILL, PA nOli ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached oaees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helo to sa"e vour home. This Notice exolains how the urogram works. To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when vou meet the Counseline Agency. The name. address and ohone number of Consumer Credit Counseling Ae:encies servin!! your County are listed at the end of this Notice. If vou have any auestions. YOU may call the Pennsvlvania Housine- Finance Agency toll free at 1.800-342.2397. (Persons with imDaired hearing can 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 you find a lawyer. LA NOTlFlCACION EN ADJLNTO ES DE Sl\IA I"IPORT ANCIA, PLJES AFECT.-\ SL DERECHO .\ CONTlNliAR VIVIENDO EN SL CASA. SI NO CO"IPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA LJNA TR.-\DLCCION 1N"IEDITAMENTE LLAMANDO EST.-\ AGENCIA (PEKNSYL V.-\N1.\ HOLJSING FINANCE AGENCY) SIN CARGOS AL NLJ:vIERO "IENCIONADO .-\RRIBA PL'EDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRA"I.-\ LL\MADO "HD:vIEOWNERS E"IERGENCY "IORTGAGE ASSISTANCE PROGRA"I" EL CLJAL PLEDE SALV.-\R SLJ C\S.\ DE L\ PERDID.\ DEL DERECHO A REDJ:vIlR SL HIPOTECA. EXHIB\T A ~Tr-~l ] "1'-",' - . Mortgagor Co-mortgagor Property Address DEBRA A GRUBB FUMC Loan Number Original Lender Current LenderlServicer 3810 BELLOWS DR CAMP HILL, PA 17011 0009678294 First Union Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRA:\I YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HO"E FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY :VIORTG.-'.GE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED 8Y CIRCUMSTANCES BEYOND YOLR CONTROL. . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR :VIORTGAGE P A Y:VIENTS. AND . IF YOU MEET OTHER ELIGIBILITY REQUIRE:YIENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-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-la-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (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 YOLR MORTGAGE DEF ALL 1" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counselinll agencies listed at the end ofrhis notice the lender may NOT take action against vou for thinv (30) days after the date ofrhis meetinll. The names. addresses and telenhone numbers of desillnated consumer credit counselinl! allencies for the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate Iv of your intentions. APPLlCATlO" FOR :\-IORTGAGE ASSISTA:\CE-Your mortgage is in a default for the reasons set forth later in this Notice (see follO\ving 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 Homeowner's Emergency \10rtgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one or 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 complete application to the Pennsylvania Housing Finance i\gency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. \OL :\-ILST FILE \OCR APPLlCATIOi\ PRO"'IPTLY. IF \Ot: FAIL TO DO SO OR IF \Ol DO :\OT FOLLO\\ THE OTHER TIME PERIODS SET FORTH I" THIS LETTER, FORECLOSURE 'IA \ PROCEED AGAI:\ST YOllR HOME I:\-IMEDIA TEL Y A:\D \OLR APPLlCA no,," FOR 'IORTGAGE ASSISTA:\CE WILL BE DE:\IED. AGE.'\CY ACTIO.'\-;\\"Ililabll.? funJs for 1.?111ergl.?ncy mortgage assistance are vcry limited They will:.e disbursed by the .-\gency under the eligibility criteria established by the Act. The Pennsylvania Housing: Finance Agency hilS sixty (60) days to make a decision after it receives your application. During that tir:1e. no foreclosure prol.:ccdings \vill be pursued against you if you have met the time requirements set fonh EXHIBIT A ~H _l'lil". " , I [_" ,. ~I " ~ above. You will be notified directly by the Pennsylvania Housing Finance 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 PURPOSE ONLY AND SHOULD "OT BE CONSIDERED AS A1'i ATTEMPT TO COLLECT THE DEBT. (If vou have filed bankru tcv vou can still a I for Emer enev Mort acre Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date). 1'iATURE OF THE DEFAULT.The MORTGAGE debt held by the above lender on your property located at: 3810 BELLOWS DR, CA~IP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 11/01/2000 through 02/01/2001 at $749,02 per month. Total Amount of Delinquent Payments Due Late Charges Property inspections and NSF check charges, if any Other charges accrued, if any LESS: Suspense (unapplied funds) TOTAL AMOUNT OF DELI1'iQUE"CY 2996.08 134.15 15.00 32.50 0.00 3177.73 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not aoolicable): NiA HOW TO CURE THE DEFAULT.You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL MvlOUNT PAST DUE TO THE LENDER, WHICH IS $ 3177.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cashier's check. certified check or monev order made oavable and sent to: First Union Mortgage Corporation, Attention: Payment Processing, 1100 Corporate Center Drive, Raleigh, NC 27607,5066. IF YOU DO "OT CURE THE DEFAUL T.lfyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. The 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 total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon vour mortgage Drooertv. IF THE MORTGAGE IS FORECLOSED UPOl'>- The mortgage 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 the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to S50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed S50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. lfvou cure the default \I,{ithin the THIRTY (0) DAY oefiod. vou will not be required to pal,{ attornev's fees. OTHER LE:\DER REMEDIES-The lender may also suc you pcrsonally for the unpaid principal balance ,lOd all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not eurcd the default within thl.;: THIRTY (30) DAY period and foreclosure proceedings have br:gun, vou still have the right to ~l)I!Uh~gefault and_prev~nt the sale at an\! time UQ.JQ.QI1C hour before the Sheriffs Sale. You mav do so bv oavinl! the total amount then Dast due. olus any late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as soecitit.:d in writinu bv tht.: lender and bv performing an\! other requirements under the mortuage. Curing EXHIBIT A }'1,""l""'''' ~_. I r . ,.~ 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 a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the 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. HOW TO CONTACT THE LENDER: First Union Mortgage Corporation Attention: Payment Processing 1100 Corporate Center Drive Raleigh, NC 27607-5066 Phone: (800) 654-1350 Fax: (919) 852,7424 Contact: Edward Eary EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs 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 Sheriffs Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTlO,\ OF MORTGAGE .You mayor_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost 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 TO BORROW 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 IF NO DEF AUL THAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY 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. CONsnIER CREDIT COUNSELING AGENCIES SERVING YOUR COeNTY IS ATTACHED Sent by Regular :\1 ail, Certificate of ~Iailing (PS Form 3877). and Certified :\Iail Sincerely, &~ &CVUf Edward Ear) Delinqu~nc~ Control :Y1ortgagr.: Lu,m Sa\.icing. Group BLP.\lJI EXHIBIT A :~l:~. ',. ~ , "'1'. ->. '. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAl"[ CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming..clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS ofNortheos'em PA 20 I Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821'()837 or (800) 922.9537 FAX (570) 821-1785 COLUMBIA COL'1'<TY Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes.Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-{Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-{Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COL'NTY Booker T. WashingtOn Center t 720 Holland Center Erie, P A 16503 (814) 453-5744 FA-X (814) 5749 John F. Kennedv Center, Inc. 2021 East 20Lh Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CUMBERLA:'ID COUNTY CCCS of West em Pennsylvania. Inc. 2000 Linglestown Road Harrisburg, P A 17 t 02 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 61ll Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of me Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 FAX (717) 234-2227 PE~NSYL V A.'iIA BULLETIN, VOL. 29. ~O. 23. JlJNE 5. 1999 p" ".-. I ~I ,. :' ,., CCCS ofNortheoslem PA 1631 South Atherton St. Suite 100 Stale College. PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite I Clarlcs Summit P A 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587.9134.9135 Greater Erie Community Action Committee 18 West 9th Street . Erie. PA 16501 (814) 459-4581 FA-X (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3n1 Street Waynesboro, PA 17268 (717) 762-3285 Y'NCA of Carlisle 301 "G" Street Carlisle. PA 17013 . (717)243-3818 FAX (7 l7)-73 1.9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 EXHIBIT A P" {}~'~~;f~ "j . " '^!,L IHAT CERTAIN lot or piece of ground, with the buildings and improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, IOOre particulnrly bounded and described as follows, to wit: BEClmJING at a point on the southern right-of-way line of BelloHs Drive at the dividing line between Lots Nos. 23 and 24 of the hereinafter mentioned Plan; thellce by the southern line of Bellows Drive north 82 degrees 25 minutes east a distance of 100.31 feet to a point at the dividing line between Lots Nos. 22 Bud 23 of the Plan; thence by said dividiug line south 7 degrees 35 minutes east a distance of 116.47 feet to a point at line of Lot No. 21 of the Plan; thence along the s~ne south 64 degrees 59 minutes 40 seconds west a distance of 13.12 feet to a point at the dividing line between Lots Nos. 23 and 24-X of the Plan; thence along the same south 66 degrees 38 minutes 12 seconds west a distance of 53.63 feet to a point at the dividing line between Lots Nos, 23 and 24 of the Plan; thence by said dividing line north 22 degrees 35 minutes 20 seconds west a distance of 139.75 feet to a point on the southern line of Bellows Drive. the point and place of BEGINNING. BEING all of Lot No. 23, Block 0, Plan 14, Pinebrook, which Plan is recorded ill the Office of the Recorder of Deeds in and for Cumberland Couney ill Plan Book 23, at Page 148. flAVING thereon erected a single family dwelling leno,"11 and nwnbered as 3810 Bellows Drive. UNDER t\.r<,JD SUBJECT, nevertheless, to easements t restrictions I reservations, cOTlditions arId rights of way of record. BEING tbe same premises conveyed to Elvin- R. Beisel, deceased, by Deed of Erika :i. Helsel aka Erika BoyanoHski Helsel, dated Augus:: 23, 1981 alld recorded in the Office of the Recorder of De~ds in and for C'.unberlantl Coun~y, Pennsyl':ania in Deed BQQih>h.c1.!oluJ!l'h2.:J=Peege 8ih9. el>, '; 'I 1'- ~ . VERlFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ ~~-' aoHN SCHWEPPE DATE: ,8/10IDI I I r'-~r ' ,-.r ,'"'l'....... .. .-" . -~_.~-,..~ % V\I'W^lA'::,HN3d '\-\ ') ID, \i,iJ n \3 ZZ \lU~ l/M1~-I~fl\,\ C!J dJ (!i) ,l..l.MWJ h'i" J'ar!M lIjl\liH~ lih~ .oa:)I~ACi 'J ~. ~~,ljil 11'-._' irrr~~tlIJi!i!~~ ' . _1ll!Im;<o;r~r,~~"l ~Xfjll'l'~1I\\lIWl"'~~,!l&~, ~\tr~'itJW'!,~""ii!" .A',i' '-.,;fiC,,,; ,<,,-" .<",'._~n"'''-'-''''fl''';W;<''N'''~P:!it&f,:'-'l-f., ~"~ o. ~1 {I;\ l~1 ~1 ;~, ai J.JU l!~ C"..J 'l-~-:~- '<jf"l'i'."""","'i '=W''''~~8j'_>f:~ . ._', $I!ff~-!-"*!f~~~~ ;j . FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. 1.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGINSTRATION SYSTEMS, INC. Plaintiff Court of Common Pleas CUMBERLAND County No. 0l-1646-CIVIL vs. JOSEPH T. GRUBB DEBRA A. GRUBB Defendant( s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE, AND SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. 9-/d ~ ()J luJ~ Frank Federman Attorney for Plaintiff Date ,""! o. < '~~ I ,,~, -,-- ^. il ~ 'o/ll!I.~ " ~.",.......,,~ ~_mm.rili!n'C~ _~ _ 1I!1$\'1f1!'l~f ~"~ -"." "~,-y -.".~".."""",",",-. -,~"" ,,^"--~.' ""''' -"',. -"',,='~.- [111'1 . Q <:::) Cf ~ ., <" (.f.) -0[6 r'1 "1.-; ;:: nirn 'V Z'"n 2C" ;~iE? ::Q :~: (....1 r-' ...-, ~:;:i~f) c".,,J CJ :J> r) :r '"',-f-l 20 "70 5>c ,"__.m ~, Z -, ,10'" >, ::;! XI ',,:l -<: " ~~!~jil"i'ii"[OO"'i'i:;,""t"'!-"'f!"'('W?\,~,,'-j;-;"<Il<!!~~~iH!lf~;!j;)!~~~~4*li~_~~!IJ~~1