HomeMy WebLinkAbout01-5966SHAFFER & SCERNI, L.L.C.
BY: MARTIN S. WEISBERG, ESQUIRE #51520
921 PLEASANT VALLEy AVENUE, 2ND FLOOR
MOUNT LAUREL, NEW JERSEy 08054
(856)866-1166
FILE NO. 020380.5866
ATTORNEYS FOR PLAINTIFF
LaSalle National Bank, as Trustee for
the registered holders of Salomon
Brothers Mortgage Securities VII,
Inc., Series 1997-HUD2
Plaintiff(s),
David J. Heller and Sandra L. Heller
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Civil Action - Mortgage Foreclosure
NO.
COMPLAINT - CIVIL ACTION
NOTICE TO DEFEND
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you
are must take action within twenty (20) days after this complaint and notice
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 of
relief requested by the plaintiff. Y°u may l°se money or property or other rights important to
yOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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.
Lawyer Referral and Information Service
Court Administrator
Cumberland County Courthouse
4th Floor
Carlisle, PA 17013
Telephone: 717-240-6200
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere de£enderse de estas
demandas expuestas an las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en personal o
eon un abogado y entergar a la torte en forma escrita sus defensas o sus objecciones a las
demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara
medidas y puede continuar la demanda en contra suya sin perviso aviso o notificaceion. Ademas,
la co.rt.e puede decidir a favor del demandante y requiere que usted eumpla con todas las
prows~ones de esta demanda. Usted puede perder dinero o sus edades u otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA
EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTANCIA LEGAL.
Lawyer Referral and Information Service
Court Administrator
Cumberland County Courthouse
4th Floor
Carlisle, PA 17013
Telephone: 717-240-6200
SHAFFER & SCERNI, L.L.C.
BY: MARTIN S. WEISBERG, ESQUIRE//51520
921 PLEASANT VALLEy AVENUE, 2ND FLOOR
MOUNT LAUREL, NEW JERSEY 08054
(856)866~1166
FILE NO. 020380.5866
ATTORNEYS FOR PLAINTIFF
LASALLE NATIONAL BANK, AS TRUSTEE
FOR THE REGISTERED HoLDERs OF
SALOMON BROTHERS MORTGAGE
SECURITIES VII, INC., SERIES 1997-HUD2
Plaintiff
VS.
DAVID J. HELLER AND
SANDRA L. HELLER
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Civil Action - Mortgage Foreclosure
NO. ol-
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, LaSalle National Bank, as Trustee for the registered holders of Salomon Brothers Mortgage
Securities VII, Inc., Series 1997-HUD2, the address of which is c/o Wilshire Credit Corporation, P.O. Box
1630, Portland, OR 97207, brings this action in mortgage foreclosure upon the following causes of action:
I. Plaintiff, LaSalle National Bank, as Trustee for the registered holders of Salomon Brothers
Mortgage Securities VII, Inc., Series 1997-HUD2 ("Plaintiff"), is a corporation with a principal place of
business at e/o Wilshire Credit Corporation, P.O. Box 1630, Portland, OR 97207.
2. The Defendant(s), David J. Heller and Sandra L. Heller are adult individuals residing at 1676
Douglas Dr., Carlisle, PA 17013. The Defendants are sometimes referred to herein collectively as
"Mortgagor".
3. The Mortgagor secured a mortgage with Broadview Mortgage Company, on June 22, 1990
(the "Mortgage"), in the amount of $66,152.00, which Mortgage was recorded with the Recorder of Deeds
of Cumberland County on June 22, 1990 in Mortgage Book 981, Page 819. The Mortgage is a matter of
public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A tree and correct copy of
the Mortgage is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though
fully set forth at length.
4. Broadview Mortgage Company assigned all right, title and interest in the Mortgage as
follows: Said Assignee, Broadview Mortgage Company assigned said mortgage to Yerke Mortgage Co. in
an assignment recorded on December 24, 1990, recorded in Book 391, Page 986 in said County and relative
to the mortgage subject to this foreclosure action. Said Assignee, Yerke Mortgage Co. assigned said
mortgage to The Secretary of Housing and Urban Development in an assignment recorded on October 7,
1992, recorded in Book 428, Page 526 in said County and relative to the mortgage subject to this foreclosure
action. Said Assignee, The Secretary of Housing and Urban Development assigned said mortgage to CS First
Boston Mortgage Capital Corp. in an assignment recorded on April 25, 1997, recorded in Book 545, Page
994 in said County and relative to the mortgage subject to this foreclosure action. Said Assignee, Credit
Suisse First Boston Mortgage Capital LLC s/b/m/t CS First Boston Mortgage Capital Corp. assigned said
mortgage to Salomon Brothers Realty Corp. in an assignment recorded on December 16, 1997, recorded in
Book 564, Page 417 in said County and relative to the mortgage subject to this foreclosure action. Said
Assignee, Salomon Brothers Realty Corp. assigned said mortgage to LaSalle National Bank, as Trustee for
the registered holders of Salomon Brothers Mortgage Securities VII, Inc., Series 1997-HUD2 in an
assignment recorded on June 1, 1999, recorded in Book 614, Page 716 in said County and relative to the
mortgage subject to this foreclosure action·
5. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the
above-described assignments.
6. The Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured
by the Mortgage (the "Note"). A true and correct copy of the Note is attached hereto and marked as Exhibit
"B" and is incorporated herein by reference as though fully set forth at length.
7. The real property which is subject to the Mortgage is generally known as 1676 Douglas Dr.,
Carlisle, PA 17013 (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached
hereto and marked as Exhibit "C" and is incorporated herein by reference as though fully set forth at length.
8. The interest of each individual Defendant is as Mortgagor, Real Owner or both.
9. If any Defendant above-named is deceased, this action shall proceed against the deceased
Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through
his/her estate.
10. The Mortgage is in default because the monthly payment of principal and interest and other
charges stated below, all as authorized by the Mortgage, are due as of May 1, 2001 and have not been paid,
and upon failure to make such payments when due, the whole of the principal, together with the charges
specifically itemized below are immediately due and payable.
11. The following amounts are due as of September 20, 2001:
Principal of Mortgage debt due and unpaid:
Interest due and owing as of 09/20/2001 at
10.5%%, $18.23 per diem:
Late Charges of $24.20 per month assessed
on the 16th day after payment is due:
Escrow
Arrearage Account
BPO
Other charges
Attorney's fees
Court costs
TOTAL
$63,425.51
$3,156.51
$167.69
$15.00
$14,292.24
$95.00
$321.89
$3,171.28
$145.50
$84,790.62
12. Interest accrues at a per diem rate of $18.23 after September 20, 2001 and late charges
accrue at a monthly rate of $24.20 assessed on the 16th day payment is past due, and Plaintiffmay incur
additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note
and Mortgage.
13. The original principal balance of the Mortgage exceeded Fifty Thousand Dollars
($50,000.00). Therefore, Notice of Intention to Foreclose pursuant to 41 P.S. §403 was not required.
14. Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S.
§ 1608.402, et seq., was sent to each individual Mortgagor by first-class mail on August 29, 2001. A true and
correct copy of said notice is attached hereto and marked as Exhibit "D / E" and is incorporated herein by
reference as though fully set forth at length.
WHEREFORE, Plaintiff demands judgment against the Defendant(s), David J. Heller and Sandra
L. Heller, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph
11, namely $84,790.62, plus the following amounts accruing after September 20, 2001, to the date of
judgment: (i) interest at a per diem rate of $18.23; (ii) late charges of $24.20 per month, assessed on the 16th
day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of suit.
Date: t'o' ~' ol
SHAFFER & SCERNI, L.L.C.
By: ~//~~~
~//~ar ti~ .~-~(~l}~rg,~uire
UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIFT OF THIS
LETTER THAT THE DEBT,
DEBT IS VALID. OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE
IF YOU NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE
DEBT AND MAlL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30)
DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR
IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
VERIFICATION
The undersigned, attorney for the Plaintiff in the foregoing Complaint being authorized
to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the
foregoing Complaint are taken from records maintained by persons supervised by the
undersigned who maintains the business records of the Mortgage held by Plaintiff in the ordinary
course of business and that those facts are true and correct to the best of the knowledge,
information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
DATE:
BY: .. /,~q
~' uire
4)
JUN 22 G~1~5~
MORTGAGE
~ L. H~LLER' ~ (~eall
kSu ' m
JUNE 22 .19 90
[676 DOUGLAS DR[YE, CARLZSLE, PA ]70]3
1. PARTIE~
~ORTGAGE C~ P~y, 9~6 NIGH STREET, COL[JI4BU$, 0tt]0 4308s~ar~las~gn$'
an(:l bs Succ~ ,~ ar~l assigns.
2. BORROWI~'8 PROMISE TO PAY; JN"~R1EST
In return f°r a loan reeeNe~ from Lefld~, Bon. owm. pmmtsas lo pay the 10fir, c~.f~ sum o~
5]XT¥-szx THOUSNJO ONE HUND~[O FZFTY-TH0 00LLARS
Dot]ars {U.$. $ 65].52.00 )' PhJS b'~. lo'the De'er of the Lcmder. I~e~est wgl be chaJ~gGd on unpaid principal,
fr°mthedate°~dJ~burse~iBnt~theloanp,'oc~a~:~byLerxJ~,attherat~ol, TEN /~O
per cern ( 10.500 %) Per Y~ar um~ the fu, amo~m ~ p~mcipal Fas bee~ paid.
3. PROI~$E TO PAY SECURED
O°mow~t Prorate t° pay is secured bY a mmtgage, deed c~ trust or shrdia~ secudty ir~t~m~er4 that is ~t~ l~ ~ ~te
as th~ N~te ~ ~ od the '~4ac~r~j blskument.- That Sect~Jty [r~uttmerd J3fotect~ U4e ~ from Io~es which ndgh! raSull
il Bo~owm' defaults u~ th~ Note.
4. MANNER OF pAYMENT
AUGUSTI~ shall make a Payment ~ P~bXaPeJ and Interest to Le~der O~ Ihe ih~t day c~ each ~ b~ ~
! ,19 90 .AnyprlnciPelandk'zemsae~thel~t~ayoi, JU/¥
~O 20
(El) Place
430851~Pnemsh~bemadem BROADVIEN ~RT~GE C~P~Y, 965 HIGH STREW, COlU~S, OHIO
m~ ~ ~ u ~m myd~le in~q.
~e ~ ~ ~ ~o ~ ~ a~ ~ ~e~ t~ t~ ~h 1~ N~. t~ ~ ~ the
~. [~~1 ~ ~ ~t~ N~ as ff~rea ~n ~ th~
~' BORROWER'~ FU~HTTO PREPAy
~ I~ the right to J~aY the d~t evidenced by this Na~e. in whaleor i~ pa~1, wfthout charge ~ p~, m ~ fl~
clayof any momh.
& ~O~FIC~J~ FAJLU~IE TO PAY
R Lendm' ham n°t receked the lug re°toNY Pal~nt required lay the '~ecur~y Inst riD'riehL as clescrl~e~ k,., paragraph 4(C)
d t~s I'k~te bY the eed dilltee~ calendar days aftra, the peymem is ~ue, Le~ may c~fm a ~e ~ b t~ a~ ~
· ) ~
· ._ _ Il B°m:xq~' t~a~ts bY fall~g to ~ ~ full any .~nthly peymer~ ~en L~,_,.~,. may, asl --
imm~fiate payme~ in ~ul in the case (~ paymem clefat~t~ Th~ NOle doe~ nc( aub'xN~ze acce~erat~ofl whml nol permitted
tf L.ef~er ha~ requllld ~mmedJate ~aymeol k~ M, al~ ~:dbed abov~ Lef~e~ may teqLike Bo~t~ io ~y~
horn the c~e O~ dke~'"~menl al the same rme es the Pek~PeJ ot Ibis No~e_ SUCh fees and costs shadl haar intefes~
By ,~IC, NING BELOW, Bo~o*e- ~ and a~r~s to the leTn~ and ;o~,erents c~i~ ~ th~ ~
O~ L. HELL~'~~ ~
(Seal)
July 18, ~990
EXHIBIT "C"
ALL THAT CERTAIN piece or parcel of
County, Commonwealth of Pennsylvan/a land situated in North Middleton Township, CUmber/and
Su~ivision Plan of Section I: Sheet 2 of 3 Pheasant certain plan entitled
more particularly shown on a
Tow.~h/p, Cumberland County, Run Estates for Meflanco,
pG:t~tvl~a~ Peunsylvania "Final
etz .A. ssociates, /nc, En ' Scale: 1 "-50' April 9, /nc. North
., ama, wlaich plan is fil~ in ~/ganme,,ers. and Surveyors, 6 ~,_ · _ Middleton
1975 Revised: April 30,
CUmberland County. Said Lot is more particularly bounded and described
'mnook29atPa,.~.,. . cast Main Stree~ oL. 1975"by
· .se, m the Office of D~_~°mremanstown,
the L~m.uer of Deeds four
BEGINNING at a Point on the Western right-of-way of Douglas Drive on as follows:
and Lot//17 as shown on hereafter mentioned plan; the dividing line of Lot//18
minutes 10 seconds West 140.00 feet to thence by aforesaid lot line South 89
plan; thence by aforesaid lot a POint on the Eastern line of LOt degrees 15
on the Southern line of Lot //ll6inoenNorth O0 degrees g22 on hereafter ment/oned
15 minutes I0 sec hereafter . 44 m/untes 50 seconds West
onds East 140 O0 re-* -- mentioned plan. ,h ...... 18.00 feet to a
thence by aforesaid line South 0~ ~ to a point on th,~ ~'_ T~ce oy aforesaid line Nm-m o POint
place of begirming, degrees 44 '~ ,vestern right-of-way Il,,, ~;'~-."~ 0.9 degrees
minutes 50 seconds East 18.00 ]:ee'~* '~ oouglas Drive;
HAVING THEREON ERECTED a dwelling un/t nUmbered to a POint being the
17013.
1676 Doug/as Drive, Carlisle, Peunsylvatfia
BEING Lot No. 17 on a Final Subdivision Plan of Section I, Sheet 2 of 3, Pheasant Run Estates, as
recorded in CUmber/and County Plan Book 29, Page 7.
TOGETHER with the right, in common with others, to pass and repass for ingress and egress over the
roads as shown on said map from the lot herein conveyed.
'[692 L99g 97~00 OL9'E 000L
LOL2 L99~ 'E'~00 0L9'~ 000L
Certifie~ail
David J. Hcllcr
Sandra L. Heller
1676 Douglas Dr.
Carlisle, PA 17013
LIO, SCERNI & D"ELIA,
Pleasant Vai~ B~ld!ng
g5~416~zl t~ ~ F~h~'~156~866-1 t88 'Mt, Laurel, NJ 08054
web~ WwW;sh~edaW~com
821 N. M~n S~
2205 ~ce S~t
~-~-9656 P~ladelp~a, pA 1910Y
F~: 609-~6-6939 215-5~-~50
F~: 215-5~-33~ [
August 29, 2001
L .-L. C.
ACT 91
TAKE ACTION TO SAVE
YOUR HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER,S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help
save your home. This notice explains how the program works, to
To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your
County are listed at the end of this Notice. If you have any questions, yon may call the Pennsylvania
Itonsing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-
! 869).
AugusI 29, 2001
Page 2
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
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY)
ARRIBA. PUEDES PER ELLEGIBLE SIN CARGOS AL NUMERO MENCIONADO
PARA UN PRESTAMO POR EL PROGRAMA LLAMANDO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR
SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H][POTECA.
ItOMEOWNER,S NAME(S): David J. Iteller and Sandra L. Iteller
PROPERTY ADDRESS: 1676 Douglas Dr., Carlisle, PA 17013
LOAN ACCOUNT NO.: 173046
ORIGINAL LENDER: Broadview Mortgage Company
CURRENT LENDER/SERVICER: Wilshire Credit 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
1983 (THE TH E HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF
"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 time you must
arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at
August 29, 2001
Page 3
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 B1LING 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 meet with one of the consumer credit
counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit
counseling agencies for the county in which the property 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 immediately 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
hav. e 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 fill out, sign
and file a . . . .
completed Homeowner's Emergency Assistance Program Apphcat~on w~th one of the designated
consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications 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 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 your application. During that 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 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 PURPOSES ONLY
AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage 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:
IS SERIOUSLY IN DEFAULT because:
August 29, 2001
Page 4
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS since May 1, 2001 and the following
amounts are now past due: $2,420.48
Late charges: $182.69
Other Fees: $14,397.24
TOTAL AMOUNT PAST DUE: $17,000.41
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: 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
$17,000.41, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DLrRING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified
check or money order made payable and sent to: Regular Mail:
Wilshire Credit Corporation
P.O. Box 8517
Portland, OR 97207
Ov~fight:
Wilshire Credit Corporation
1776 Southwest. Madison
Portland, OR 97205
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter: N/A
IF YOU DO NOT CURE THE DEFAULT - If you 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. This 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 attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to pay offthe 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 $50.00. 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 $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the
default within the THIRTY (30) DAY period, you will not be required to pay 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.
August 29, 2001
Page 5
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 the Sheriff's Sale. You may do so by
paying the total amount then past due, plus any late or other charges then due, reasonable attorney's 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. 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.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months fi.om the date 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.
HOW TO CONTACT THE LENDER:
NAME OF LENDER:
ADDRESS:
TELEPHONE NUMBER:
Wilshire Credit Corporation
P.O. Box 8517, Portland, OR 97207-8517
1-888-917-1050
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of
the mot/gaged property and your fight to occupy it. If you continue to live in the property after the Sheriff's 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 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 attorney's fees and
costs 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 DO NOT HAVE THIS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREE (3) TI]VIES IN ANY CALENDAR YEAR.)
August 29, 2001
Page 6
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.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY are attached hereto as
Appendix "A".
SHAFFER, BONFIGLIO, SCERNI & D'ELIA, L.L.C.
Martin S. Weisberg, Esqffi~
Attorney for
921 Pleasant Valley Avenue, 2na Floor
P. O. Box 1258
Mt. Laurel, NJ 08054
(856) 866-1166
August 29, 2001
Page 7
~I°me°wners ' Emer~tency Assistance Program
Counseling Agency List for CUMBERLAND COUNTY as of 4/1 8/01
Return to Ma
Adams County Housing Authority Page 2! of 67
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA ~7~02
(717) 541-1757
Community Action Commission of
Captial Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
7172322207
Urban League of f4etropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
· Complets items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of t~e rnailpiece,
or on the front if space permits.
1. Article Addressed to:
2. Article Number (Copy from service label)
Ps Form 3811~ July 1999
A. Received by (Plaase P,*/nt Cla~ly)
O Agent
t from item 17 r-lyes
If YES, ente~ deliver/address below: [] No
· Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and adam,es on the reverse
so that we can return the card to you.
· Attach this card to the back of the maili3iece
or on the front if space permits_
Article Addresse~ To:
\ %
2. Article Number (Copy from service/abe/)
A. Received by (Please P~fnt Clear~
[] Addressee
D. Is delivmy address different from ~err 17 [] Yes
If YES, enter delivery address below: [] No
3 ice Type
/ ~S~ertified Mai, [] Express Mai, '
J [] Registered [] Return Receipt for Merchand se
~_ [] Insured Mail [] C O D
[4. Restricted Delivery? (Extra Fee) [] Yes '
PS Form 3811, July 1999
SHAFFER & SCERNI, L.L.C.
BY: MARTIN S. WE1SBERG, ESQUIKE #51520
921 PLEASANT VALLEY AVENUE, 2ND FLOOR
MOUNT LAUP~EL, NEW JERSEY 08054
(856)866-1166
FILE NO. 020380.5866
ATTORNEYS FOR PLAINTIFF
LASALLE NATIONAL BANK, AS TRUSTEE
FOR THE REGISTERED HOLDERS OF
SALOMON BROTHERS MORTGAGE
SECURITIES VII, INC., SEPdES 1997-HUD2
Plaintiff
VS.
DAVID J. HELLER AND
SANDRA L. HELLER
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Civil Action - Mortgage Foreclosure
NO. 2001-5966
PRAECIPE TO DISCONTINUE ACTION
TO THE PROTHONOTARY:
Please mark this action discontinued as to all defendants upon payment of your costs only.
By:
Shaffer ~ Scemi, L.L.C:
Dated: /~l ?~/O{
Attomeys for Plaintiff, LaS alle National Bank, as Trustee for
the registered holders of Salomon Brothers Mortgage
Securities VII, Inc., Series 1997-HUD2 c/o Wilshire Credit
Corporation
S:~na~PA Foreclosures~Heller-5866\praeeipe to disconfinue.wpd