HomeMy WebLinkAbout99-05920
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GOLDBECK MCCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
THE BANK OF NEW YORK AS TRUSTEE UNDER
THE POOLING & SERVICING AGREEMENT DATED
11/30/97 SERIES 1997-D
C/o The Money store
4111 S. Darlington, Suite 800
Tulsa, OK 74135
Plaintiff
Vs
CAROLYN E. QUIDORT AND ,
WILLIAM T. QUIDORT (Mortgagor(s) and
Real Owner(s))
1117 Floribunda Lane
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
CIVIL ACTION: MORTGAGE
FORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
N O T I C E
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 the Complaint and notice are served, by entering a Written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse, Carlisle, PA
(717) 240-6200
Legal Services Inc.
8 Irvine how, Carlisle, PA 17013
(717) 243-9400
A V I S O
LE HAN DEMANDACO A VSTED EN LA CORTE. SI DEBRA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTED DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO.
PARA DEFENDERSE ES NECESSARIO OUR VSTED, 0 SU ABOGADO, REGISTRE CON U CORTE EN FORMA ESCRITA, EL PUNTO BE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA US QUEJAS EN ESTA DEHANDA.
RECUERDE: SI USTED NO REPONDE A BETA DENANDA, BE PUEDE PROSEGUIR CON EL PROCEED SIN SU PARTICIPACION.
ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS
u5 PROVISIONES DE ESTA DEMANDA. MR RAZOR DE ESA DECISION, ES POSSIBLE DUE USTED PUEDA PERDER DINERO, PROPIEDAD
U OTROS DERECHOS IMPORTANTES.
LLEVE BETA DEMANDA A UN ABOGADO IHMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO BE REFERENCIA DE ABOGADOS),
215-238-6300.
Court Administrator
Cumberland County Courthouse, Carlisle, PA
(717) 240-6200
Legal Services Inc.
8 Irvine Now, Carlisle, PA 17013
(717) 243-9400
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE UNDER THE
POOLING & SERVICING AGREEMENT DATED 11/30/97 SERIES 1997-D, c/o The
Money Store, 4111 S. Darlington, Suite 800, Tulsa, OK 74135.
2. The name(s) and address(es) of the Defendant(s) is/are
CAROLYN E. QUIDORT, 1117 Floribunda Lane, Mechanicsburg, PA 17055
and WILLIAM T. QUIDORT, 1117 Floribunda Lane, Mechanicsburg, PA
17055, who is/are the mortgagor(s) and real owner(s) of the
mortgaged property hereinafter described.
3. On October 27, 1997, mortgagor(s) made, executed and
delivered a mortgage upon the premises hereinafter described to TMS
MORTGAGE INC., D/B/A THE MONEY STORE, which mortgage is recorded in
the Office of the Recorder of Deeds of Cumberland County in
Mortgage Book 1413, Page 933. By Assignment of Mortgage dated March
22, 1999, the mortgage was assigned to Plaintiff, which Assignment
is recorded in Assignment of Mortgage Book No. 608, Page 745. These
documents are matters of public record and are incorporated herein
by reference in accordance with Pennsylvania Rule of Civil
Procedure 1019 (g) .
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 September 1, 1998,
and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one
month, the entire principal balance and all interest due thereon
are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance
Interest from 8/ 1/98
through 8/31/99 at 13.000%
Per diem interest rate at $9.29
Attorney's Fee at 5%
of Principal Balance
Late Charges 9/ 1/98- 8/31/99
Monthly late charge amount at $33.28
Costs of suit and Title Search
Escrow Balance
Monthly Escrow amount $
$ 26,074.73
3,669.55
1,303.74
151.73
560.00
$ 31,759.75
$ 31,759.75
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 Sheriff's
Sale. If the Mortgage is reinstated prior to the Sale reasonable
Attorney's Fees will be charged based on work actually performed.
8. Notice of intention to Foreclose has been sent to
Defendant(s) by Certified Mail, as required by Act 6 of 1974 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true
and correct copy of such notice (s) attached hereto as Exhibit "A".
9. A Notice of Homeowners' Emergency Mortgage Assistance Act
of 1983 has been sent to the Defendant(s) by regular mail in
accordance with Act 91 of 1983 of the Commonwealth of Pennsylvania
on the date set forth in the true and correct copy of such notice
attached hereto as Exhibit 11B ". The date of the postmark on the
Notice was the same as the date of the Notice. The Defendant(s)
has/have not had the required face to face meeting within the
required time and Plaintiff has no knowledge of any such meeting
being requested by the Defendant(s) through the Plaintiff, the
Pennsylvania Housing Finance Agency, or any appropriate Consumer
Credit Counseling Agency.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
the sum of $31,759.75, together with interest at the rate of $9.29,
per day and other expenses incurred by the Plaintiff which are
properly chargeable in accordance with the terms of the mortgage,
and for the foreclosure and sale of the mortgp$91 premises.
By:
BY: Joseph A. Goldbeck\ Jr., Esq.
Attorney for Plaintiff
r . e
EXHIBIT "A"
ALL THAT PARCEL OF LAND IN UPPER ALLEN TOWNSHIP, CUM33MU AN D COUNTY, COMMONWEALTH
OF rENNSYLVAI" AS MORE FULLY DESCRIBED INDEED BOOK W35, PAGE 770, MO
4241-2157-016, BEING KNOWN ANDDESIGNATED AS LOT 7, BLOCK C, SECTION 1, PLAN
OF SECTION 1 OF ROSEGARDEN, FILED IN PLAT BOOK 27, PAGE 16.
of Deeds
e0091413fAct 940
State of Pennsylvania 1
86
VERIFICATION
I, S , as the representative of the
Plaintiff corporation within named do hereby verify that I am
authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa. C.S. 4904 relating to
unsworn falsification to authorities.
Date: CA-15 •'?\q
??. _ ..-.n rro
#58412 - QUIDORT,CAROLYN E.
THE MONEY STORE' EXHIBIT B
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
DECEMBER 4, 1998
NBRC
The Commonwealth of Pennsylvania's Homeowners' Emergency Mortgage Assistance Program may be able
to help you. Read the following notice and find out how the program works.
If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397.
La Notification en adjunto as de suma importancia, Foes afecla su derecho a continuer viviendo en su casa. Si
no comprende el contenido esta notification oblenga una traduccion immediatamente Ilamando esta agencia
(Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible parts
on pretamo por el program llamado "Homeowners Emergency Mortgage Assistance Program" al coal pue
salver so casa de la perdida del derecho a redimir so hipoteca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
DECEMBER 4, 1998
RE: Account 1!0000058412:
Property Address: 1117 FLORIBUNDA LANE MECHANICSBURG PA 17055
WILLIAM QUB70RT
1117 FLORIBUNDA LANE
MECHANICSBRUG PA 17055
FROM: THE MONEY STORE
DEAR WILLIAM QUIDORT,
You may be eligible for financial assistance that will prevent foreclosure on your mortgage ifvou comnly
Z 847 312 135
Receiptfor
Certified Mall
Na Insurance Coverage Provided
Do not use for International hfall
0000058412
WILLIAM QUIDORT
13.17 FLORIBUNDA LANE
MECHANICSBURG PA 17055
Dial.! iiiiiiii iiiiiIIO
0000058412NBRC
Postage $
Certified Fee
si0.i i Downy its
Restnelea ednery Fee
Rolm Reeer15he.:Iaa to Vini
Date. and Adaressee9 Address
TQTALPGSIItge
d reds $
.00
National Mortgage Services 110. nux I609nm • Sacramama, Cillitnmia 9;816
03/12/99 FRI 18:18 FAX 719 260 9006 THE MONEY STORE CO SPRO ®002
THE MONEY STORE NATIONAL MORTGAGE DIVISION
3464 EL CAMINO AVENUE, SACRAMENTO, CA 95821
TELEPHONE NUMBER: (800) 795-5125
The name(s) and address(es) of (a) designated consumer credit counseling agency(ies) is (are):
SEE INSERT "A" ATTACHED
It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your
intentions.
Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as
required. Your delinquency sum includes the following: payments due through the first of this month, late
charges, attorney fees and expenses of collection.
If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the
right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order
to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with
one of the designated consumer credit counseling agencies that are listed above. An application for assistance
may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency
will assist you in filling out your application and will submit your completed application to the Pennsylvania
Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-
to-face meeting.
It is extremely important that you file your application promptly. If you do not do so, or if you do not follow
the other time periods set forth in this letter, foreclosure may proceed against your home immediately.
Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency
under the eligibility criteria established by the Act.
It is extremely important that your application is accurate and complete in every respect. The Pennsylvania
Housing Agency has sixty (60) days to make a decision after it receives your application. During that
additional time, no foreclosure proceedings will be pursued against you if you have met the times
requirements set forth above. You will be notified directly by that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029,
Harrisburg, Pennsylvania, 17105. Telephone No. (717) 780-3800 or (800) 342-2397 (toll free number).
In addition, you will receive another notice from this lender under Act 6 of 1974. That notice is called a
"Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now
have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we
cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania
Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance.
Respectfully,
THE MONEY STORE
NATIONAL MORTGAGE SERVICES
We are attempting to collect a debt and any information that we receive may be used for that purpose.
THE MONEY STORE
DECEMBER 4, 1998
WILLIAM QUIDORT
1117 FLORIBUNDA LANE NBRC
MECHANICSBRUG PA 17033
RE 000003P12
FROM: MORTGAGE HOLDER.
THE MONEY STORE, INC
34M El Camino Avmue, Suite 110
Sacrament, CA 93M1
MORTGAGEDATE; 1047197
SERIOUS DETA baauw ymTNve notmWe?iham'(Ham?°awquaaoun)yaopropCnYI catedu 1117 FLORIBUNDA LANE IS I,V
46 Of SER IO then of this lerta. Is noted below unkr(E). YWYmenmil32.76 noted below unda(A). Thelplet amomtouw mpired to Coro mladchult
(A) M rid paYmeru from SEPTEMBER-DECEMBER 1999 ® 332.76
(B) IakaRnatlnpman ofwllectlw: 131,39
(C) NSFChakJalxa 2000
(D) Lea; My atdS betmtt 0.00
(E) Tmnlmnoumreg halasofNOdrk 1502,89
You may mm this d4aatrwitldn THIRTY (30) DAYS ofdw date oflhis lama,
by PaYmmaand late Charles which may Teti daedadn6 this Paying mommaa tuba uthice7 above pleat Checklo money y
order, and made It TheMoney Stare HetiaW Mw period. Such Fj PIYMW MUM be mod, Caml o Ave, Suits te 1et10, a Sby crib, m A 9582 1.
«rti0ed chock a mmry
Pee DivWw, 3161 D Camino Ave. Sacmmane, CA 97821.
VYm do not can medq/a *bbieTHHITy(30)DAYS, waiamdb aaciu aw dgNbeacelanro 0amwgage psymena, Thh means ma
Sol whaaveria owing an me aJgioJ wood bmmwM wHl M cwddemd due immediately and Ya may Ina me chance b WY oRmeorigiaet mwpage in
hw 111br onss. VRd1 WYmml ofma amount afdSfautrunot dude to
TNH(3Y(10)DAYS. we Jb intendbInsulsu au momaysroreal
Vs
Ifus to aerlaa Yaammeta YAprvprny. Ifinemwgage is Caeclosed you aanpged propery will be sold by tit SAaiRto pr, aRthemwppe debt
wrefuyoa Cote la our yin Cure tea dehult arse
aromey'a thee. aamwiyl aa,.d.upmsso.oB. xo»nv,;fit O1ej'h`nnlasJ Oraaeeemla,PintYm.you wiB sdn hawam WY lhsmmnble
7W if Huy ae ovaf70.00. Any aromry's fen will be addadbwhateva yao owaty uwlticAamaY W. lncode otrauwnableCrns. llea0amey'a fare
n me1Mrty day period,You will not be rcquhed It pay aeenw fen. Ym toot me Mfault
We may also am YenPn AIIY for the mpaid pd,,ipJ bama and all other sums due under the mullets.
ddmUand IfYou have Cut arrcd am drpthwithin the thirty day Pmod sed faalmm plaaedrav have baron, you will still have the right to cum the
prevent the see at mydme up Iowa hour befoe the Sheriffs fanlasum see. YmmsydombypayingdbraJat lofthempowm thy
pgrmwm plu soy hie eareesor oma chuPs men due, uwel a the n uonaxe amwayh fas amdcosa mnoeaad wire the
faraiocure sale (and perfam
any A" attainments under the mongav). It is palmated that the aabesl dew that such a Sheriffs sale rn be hall is appeoaimaay THREE (3) MONTHS
FROM THE DATE OF THIS LETTER Anmfa ofinedateddso S6erirfsul WII basal myou before the suit. Ofwutse,tlm anolmr needed gene
thaiywtrwill house the hanger you wall. You may find ore a my time exactly what the rWtod payment will be by calling a a the following mother
(60% 7954115. This payment men be in oat, a shills check, ratified check ormonY ordaatd made payable an m as ths address stand shows.
You sbouldmimothat. Shail'ssale will endymrownashiporthem pSedpuparyand Yoarilht to musain in h. IIYouomtinustolive
in the property Wear the Sheriffs seta, a lawsuit could be matter to evia you.
MONEY TO PAY OFFFF 7HE MORIGAICB DEBpT pR BORROW MONEY?FRpM ANOTHER T MGHI' TO SElI, THE pROPERTY TOOBTAM
(YOU MAY "AVE
THE RIGHT TO SELL OR TRANSFERTAE PROPERTY SUBIECTT07} E h{OATGAOE 70A BUYER OR07RANSFERFET
WHO WILL ASSUME 719E MORTW(iE DEBT. PROVH)FD THAT AId. THE OUSSTANDR7GPAYMENIS, C7W10E9 ANYA7TORNEYS FEES
You lu-?
AND COSTS ARE PAm PRIOR TO OAAT 7HE SALE, (AND TNATTIE 01HER REQUIREMENTS UNDER 7fTE MORTGAGE ARE SATISFIED).
CONTACT US TO DETERMINE UNDER WHATCDtCf1M57'ANCES THIS RIGH'T' M1Gfif EXIST. YOU HAVE THE RIOFRTO HAVE THIS
DEFAULT CARED 0Y ANY iFmtD PAR7Y AC[/NG ONYOl1R HEFfALF.
Ifyou roue the dQaeh, Ihemariagewill be meaed to theme patio as Tfno Alifthhad occurred Howam, you amnotantidedto this right 'Care
your dr/iutrame that thin Hmxa in my cJmda yea.
THANE YOU
CERTIFIED MAIL RETURN RECEIPT REQUESTED
THE MONEY STORE
NATIONAL MORTGAGE SERVICES
Naficami ltatg)agt Services It(l, Ibis Ih114118 -Sacrament, (:.dtlul n....);,S 16
THE /HONEY STORE.
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
DECEMBER 4, 1998
NBRC
The Commonwealth of Pennsylvania's Homeowners' Emergency Mortgage Assistance Program may be able
to help you. Read the following notice and find out how the program works.
If you need more information, call the Pennsylvania Housing Finance Agency at 1.800.342-2397.
La Notification en adjunto es de some importancia, Posts afecta so derecho o continuer viviendo en so case. Si
no comprende el contenido esta notification oblongs one traduccion immediatamente Ilamando csts agencia
(Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para
on pretamo per el program Ilamado "Homeowners Emergency Mortgage Assistance Program" al coal Poe
salver su case de la Perdido del derecho a redimir so hipoteca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
DECEMBER 4, 1998
RE: Account #0000059412:
Property Address: 1117 FLORIBUNDA LANE MECHANICSBURG PA 17055
CAROLYN QUIDORT
1117 FLORIBUNDA LANE
MECHANICSBURG PA 17055
FROM: THE MONEY STORE
DEAR CAROLYN QUIDORT,
Z a47 312 136
0000058412
CAROLYN 4?0 $
1117 FLORIBUNDA TLANE
MECHANICSBURG PA 17055
Receipt for
Certified Mail
vnr„r•+.,a Nolnaurance Coverage Provded
«u:ua+4ea Do not use for lnternatiawl Mail
e
SMa' Delivery Fee
elmr, Fee
iol Sh0•,1,; td vft,.
amn a'a Addrae
x
C7
Q age v'00
National Mortgage Services P.D lit IN 1611911. 9 a Saer.m%nto. Calonrnia 9iN l(
03/12/99 FRI 18:19 FAX 719 260 9096 THE MONEY STORE CO SPRG ®002
THE MONEY STORE NATIONAL MORTGAGE DIVISION
3464 EL CAMINO AVENUE, SACRAMENTO, CA 95821
TELEPHONE NUMBER: (800) 795.5125
The name(s) and address(es) of (a) designated consumer credit counseling agency(ies) is (are):
SEE INSERT "A" ATTACHED
It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your
intentions.
Your mortgage is in default because you have failed to pay promptly installments of principal and intemt, as
required. Your delinquency sum includes the following: payments due through the first of this month, late
charges, attorney fees and expenses of collection.
If you have tried and are usable to resolve this problem at or after your face-to-face meeting, you have the
right to apply for finaucial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order
to do this, you must fill out, sign and file a completed Homeowners Emergency Assistance Application with
one of the designated consumer credit counseling agencies that are listed above. An application for assistance
may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency
will ussist you in 511ing out your application and will submit your completed application to the Pennsylvania
Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-
to-face meeting.
It is extremely important that you file your application promptly. If you do not do so, or if you do not follow
the other time periods set forth in this letter, foreclosure may proceed against your home immediately.
Available fords for emergency mortgage assistance are very limited. They will be disbursed by the Agency
under the eligibility criteria established by the Act.
It is extremely important that your application is accurate and complete in every respect The Pennsylvania
Housing Agency has sixty (60) days to make a decision after it receives your application. During that
additional time, no foreclosure proceedings will be pursued against you if you have met the times
requirements set forth above. You will be notified directly by that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street. Post Office Box 8029,
Harrisburg, Pennsylvania, 17105. Telephone No. (717) 780-3800 or (800) 342-2397 (toll free number).
In addition, you will receive another notice from this leader under Act 6 of 1974. That notice is called a
"Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now
have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we
cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania
Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance.
Respectthlly,
THE MONEY STORE
NATIONAL MORTGAGE SERVICES
We are attempting to collect a debt and any information that we receive may be used for that purpose.
THE MONEY STORE'
DECEMBER 4,1998
CAROLYN QUIBORT NBRC
1117 FLORIBUNDA LANE
MECMANIfSBURGPA 17075 RE 0000058112
FROM: MORTGAGE HOLDER. THE MONEY STORE, INC.
3464 El Camino Avenue, Suite 110
Sacramento, CA 95821
MORTGAGE DATE: 10/37/97
The Mmtgagahddby The Money Slane, Ina Ulerdneller we,amern)you pavpertyfootedn 1117 FLORIBUNDA LANE ISIN
SERIOUSDEFAULTbeaua you have not made themmthly PaymenW32.76 noted below under (A). The Coal mount now required to Core this default
n of the date dthin boo, n nded below under (E).
(A) Monthly Payments Ram SEPTEMBER- DECEMBER 1998 ® 332.76
(B) We Chula and eapmses ofcolkamer: 151.89
(C) NSF Check Chula 20.00
(D) Less: Any cndt balance 0.00
(E) TOW ammmtrequired a of this Cato 1502.89
You may sure this alitm9within THIRTY (30) DAYS of the data of this Jew, by paying to us the aura su Ibtd in (E) above pits Cry addibowdmonthlY
paymeaa ad tats Chula which may fall due dying this period. Such Paymatmun be made dlher by cab, caMeJacheck COtiRd check m money
order,admade m The Monty Slone Nedonal Morgapt Division, 3464 Fl Canim Ave., Suite 110, Sa emn, CA95821.
Hy" do pd ova the M/enhwithin THB1TY(30) DAYS, we immd to aamise our right to scaleraa the mortgage pymemr. Thismcam Out
who" is owing an Jim original m mi borrowed will be considered due immediately and you may lox the chance to pay off the original mortgage in
monthly inaWMmts. If full payment of the amount ofdr/sadis not made within THIRTY (30) DAYS, we also inkad to instruct our astomeys to sort a
limit to bmdme yourmortgaged property. If the mmtPege Is foreclosed your moapgd properly will be sold by the Sheniff In pry of Jim martgaga de&.
If wa rdttyeu cox toauaMmeys, but you cure the defah before they been legalproceedings against yon,you will still haw topay the aasmaae
attorneys feat, actually aoormd, up to 55040. However, iflegal
Pmmedinga enatakd slalmt you. You will hawmpey the reatonaNa ¦tarneys(m
evm if thty w avtt 550.00. Any anomey's fees will beaddd to whoa vo you owe us, which may also Include ourremonable man. If you cum Ibe default
within the thirty day period. you will not be acquired tlpay smmWs fees.
Wemaydwmeympetamdlyfartheunpaidprinclpd baler adallothmnmsduemduthemotigage.
I(Ym haw not cured thadISAW r within the &* day Period ad foaelnsum pmoeed'mga hew belm, )m will still have 01e right b can the
c dhdt nd pttvml the site at my Omer up b Doe bo rbeforo0m ShaifTs foeebmn Wa. Ym may do so by paying the toW s neat Ofthe unpaid monthly
MyYmbb regPiusanytaet orol6er P). It t dm atbdun,wead thwellat the eIleaacaoneu doe due daice such a Sheriffs de and a an bmecmd be beM uwithspproexaimaeelody THREE MONTHS
thFROM TEEDATE
mDATEstaunda CederIMITER. Aceofthe at(3) OF t the e bastar you wait. . Ycro may Oad de unt 0 ay e y date readywM the required payment will be by ailing
yen Deform the ale. coin,d us six a a the fmmntdbowdedwinliabnumMr
(800)7995-SLI55125. cun
the der/ l incase dlaynym b,c c check and This payment mat he in gash, eWltfs check, eertiRed cheeck or money order and mulepaYeNe an a at the address aWd above.
Van shpald realise that a ShetiB's sale will ed yo r ownership of IMmmtgagd property ad yourright to made in it. Ifyoueondme to liw
in the property Ner the Sheriffs ode, a lawsuit could be elnd to evict you.
You hew additiaul rights to help protect year Internet in that property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN
MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
(YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE
WHO WILL ASSUME 710 MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES ANY ATTORNEYS FEES
AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUI MMITS UNDER THE MORTGAGE ARE SATISFIED),
CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
Ifym man, the dr/aaD, the mMlagewill be remand to the wen position a ifnodt/mghd atenrned. Howeva.ym vat not rntitiedrothil right to wrc
yaw Atmhr a Chan thrm does in my calendw yam.
THANK YOU
CERMFED MAIL RETURN RECEIPT REQUESTED THE MONEY STORE
NATIONAL MORTGAGE SERVICES
National Mortgage Simian, I(U. U, I6U901r 4 5;iciamcn ro. Ertl, fntllia 9iS 16
ABRAMS & MAZER
EXHIBIT A ATTORNEYS AT LAW
Alston Mall - Suite 207
2526 Monroeville Boulevard
Monroeville, Pennsylvania 15146-2340
(412) 829.7733 a Fax (412) 829-0689
DsvN Alnee
In L Meter
February 18, 1999
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
DEBTORS:
William
William T. Quidort
Carolyn E. Quidort
ADDRESS:
1117 Floribunda Lane
Mechanicsburg, PA 17055
ACCOUNT NUMBER:
00058412
CREDITOR:
The Bank of New York, as Trustee
ADDRESS:
c/o TMS Mortgage, Inc.
d/b/a The Money Store
4111 South Darlington,
P.O. Box 471900
Tulsa, OK 74147
DATE OF LOAN:
September 3, 1992
Dear Mr. and Mrs. Quidort:
TELEPHONE:
(1-888) 791-2070
DATE OF NOTICE:
February 18, 1999
The MORTGAGE held by The Bank of New York, as Trustee under the
Pooling and Servicing Agreement dated as of November 30, 1997, Series
1997-D (hereinafter we, us or ours) on your property located at 1117
Floribunda Lane, Mechanicsburg, Pennsylvania 17055 IS IN SERIOUS DEFAULT
because you have not made the monthly payments of $332.76 for the months
of September 1998 thru February 1999. Late charges and other charges
have also accrued to this date in the amount of $171.89. The total
amount now required to cure this default, or in otherwise, get caught up
in your payments, as of the date of this letter is $2,168.45.
You may cure this default within THIRTY (30) DAYS of the date of
this letter, by paying to us the above amount of $2,168.45, plus any
additional monthly payments and late charge which may fall due during
this period. such payment must be made either by cash, cashier's check,
certified check or money order, and made at TMS Mortgage, Inc., d/b/a The
Money Store, 4111 South Darlington, P.O. Box 471900, Tulsa, OK 74147.
If you do not cure the default within THIRTY (30) DAYS, we intend
to exercise our right to accelerate the mortgage payments. This means
that whatever is owning on the original amount borrowed will be
considered due immediately, and you may lose the chance to pay off the
original mortgage in monthly installments. If full payment of the amount
of default is not made within THIRTY (30) DAYS, we also intend to
instruct our attorneys to start a lawsuit to foreclose your mortgaged
property. If the mortgage is foreclosed your mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If we refer your case
Mr. and Mrs. Quidort
February 18, 1999
Page Two of Three
to our attorneys, but you cure the default before they begin legal
proceedings against you, you will still have to pay the reasonable
attorney's fees, actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay the reasonable
attorney's fees even if they are over $50.00. Any attorney's fees will
be added to whatever you owe us, which may also include your reasonable
costs. If you cure the default within the thirty (30) day period, you
will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and
all other sums due under the mortgage.
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 (1) hour before
the Sheriff's foreclosure sale. You may do so by paying the total amount
of the unpaid monthly payments plus any late or other charges then due,
as well as the reasonable attorney's fees and costs connected with the
foreclosure sale [and perform any other requirements under the mortgage].
It is estimated that the earliest date that such a Sheriff sale could be
held would be approximately June 1999. A notice of the date of the
Sheriff 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 will be by calling
us at the following number: I-888-791-2070. This payment must be in
cash, cashier's check, certified check or money order and made payable
to us at the address stated above.
You should realize that a Sheriff sale will end your ownership of
the mortgaged property and your right to remain in it. If you continue
to live in the property after the Sheriff's Sale, a lawsuit could be
started to evict you.
You have additional rights to help protect your interest in the
property. YOU 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. [YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE
SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT
MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD
PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same
position as if no default had occurred. However, you are not entitled
to this right to cure your default more than three times in any calendar
year.
Unless you notify us within 30 days after receipt of this letter
that the validity of this debt, or any portion of it, is disputed, we
will assume that the debt is valid. If you do notify us of a dispute,
we will obtain verification of the debt and mail it to you. Also, upon
your written request within 30 days, we will provide you with the name
Mr. and Mrs. Quidort
February 1s, 1999
Page Three of Three
and address of the original creditor if different from the current
creditor. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT, AND ANy
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DA/dl
very truly yours,
RAMS & ZER
id ams, squire
CC: TMS Mortgage, Inc. d/b/a The Money Store
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ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
EXHIBIT B
THE COMMONWEALTH OF PENNSYLVANIA'S
HOME OWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
MAY BE ABLE TO HELP YOU.
READ THE FOLLOWING NOTICE TO FIND OUT
HOW THE PROGRAM WORKS.
If you need more information, call the Pennsylvania
Housing Finance Agency at 1($00) 342-2397
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 INMEDITAMENTE
LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR
SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
ABRAMS & MAZER
ATTORNEYS AT LAW
Alstan Mall - Suite 207
2526 Monroeville Boulevard
Monroeville, Pennsylvania 15146.2340
(412) 829.7733 • Fax (412) 829.0689
David Abrams
In R Maier
February 18, 1999
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH
CAN SAVE YOUR HOME FROM FORECLOSURE
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
February 18, 1999 RE: Account No.: 00058412
TO: William T. Quidort and Carolyn E. Quidort
1117 Floribunda Lane, Mechanicsburg, PA 17055
FROM: The Bank of New York, as Trustee
c/o TMS Mortgage, Inc., d/b/a The Money Store
4111 South Darlington, P.O. Box 471900
Tulsa, OK 74147
Dear Mr. and Mrs. Quidort:
You may be eligible for financial assistance that will prevent
foreclosure on your mortgage if you comply with the provisions of
the Homeowners' Emergency Mortgage Assistance Act of 1983 (the
"Act"). You may be eligible for emergency temporary assistance if
your default has been caused by circumstances beyond your control,
you have a reasonable prospect of resuming your mortgage payments,
and if you meet the eligibility requirements established by the
Pennsylvania Housing Finance Agency. Please read all of this
Notice. It contains an explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice.
During that time you have the right to arrange a "face-to-face"
meeting with a representative of this lender, or with a designated
consumer credit counseling agency. The purpose of that meeting is
to attempt to work out a repayment plan, or to otherwise settle
your delinquency. This meeting must occur in the next thirty (30)
days.
Mr. and Mrs. Quidort
February 18, 1999
Page Two of Three
If you attend a face-to-face meeting with this lender, or with a
consumer credit counseling agency identified in this notice, no
further proceeding in mortgage foreclosure may take place for
thirty (30) days after the date of this meeting. The name,
address, and telephone number of our representative is:
Lori Sloan
TMS Mortgage, Inc., d/b/a The Money Store
4111 South Darlington, P.O. Box 471900
Tulsa, OR 74147
(1-888) 791-2070
The names and addresses of designated consumer credit counseling
agencies are shown on the attached sheet. It is only necessary to
schedule one face-to-face meeting. You should advise this lender
immediately of your intentions.
Your mortgage is in default because you have failed to pay promptly
installments of principal and interest, as required, for a period
of at least sixty (60) days. The total amount of the delinquency
is $2,168.45. That sum includes the following: delinquent
principal and interest in an amount of $1,996.56 plus late charges
and other charges in an amount of $171.89 for a total amount due of
$2,168.45.
Your mortgage is also in default for the following reasons: Not
applicable.
If you have tried and are unable to resolve this problem at or
after your face-to-face meeting, you have the right to apply for
financial assistance from the Homeowners' Emergency Mortgage
Assistance Fund. In order to do this, you must fill out, sign and
file a competed Homeowners' Emergency Assistance Application with
one of the designated consumer credit counseling agencies listed on
the attachment. An application of assistance may only be obtained
from a consumer credit counseling agency. The consumer credit
counseling agency will assist you in filling out your application
and will submit your completed application to the Pennsylvania
Housing Finance Agency. Your application must be filed or
postmarked within thirty (30) days of your face-to-face meeting.
Zt is extremely important that you file your application promptly.
If you do not do so, or if you do not follow the other time periods
set forth in this letter, foreclosure may proceed against your home
immediately.
Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria
established by the Act.
It is extremely important that your application is accurate and
complete in every respect. The Pennsylvania Housing Finance Agency
has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be
Mr. and Mrs. Quidort
February 18, 1999
Page Three of Three
pursued against you if you hav
have
above. You will be notified
decision on your application.
met the requirements set forth
directly by that Agency of its
The Pennsylvania Housing Finance Agency is located at: 2101 North
Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone No.
(717) 780-3800 or (1-800) 342-2397 (toll free number). Persons
with impaired hearing can call (717) 780-1869.
in addition you.will receive another notice from this lender under
Act 6 of 1974. That notice is called a "Notice of Intention to
Foreclose". You must read both notices, since they both explain
rights that you now have under Pennsylvania Law. However, if you
choose to exercise your right described in this notice, you cannot
be foreclosed upon while you are receiving that assistance.
Unless you notify us within 30 days after receipt of this letter
that the validity of this debt, or any portion of it, is disputed,
we will assume that the debt is valid. If you do notify us of a
dispute, we will obtain verification of the debt and mail it to
you. Also, upon your written request within 30 days, we will
provide you with the name and address of the original creditor if
different from the current creditor. THIS LETTER IS AN ATTEMPT TO
COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
truly yours,
& MAZER
DA/dl
, Esquire
CC: TMS Mortgage, Inc., d/b/a The Money Store
EXHIBIT "A°
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Community Action Commission of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax: (717) 234-2227
Financial Services Unlimited
117 West 3rd street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax: (717) 731-9589
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax: (717) 731-9589
.S. P STA ERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC ANO INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
RacN.r°tl Front:
ABRAT & MAZER
-W&W-Al STAN C?
ajjOft Pbe° of mdlnary mall stldr°na-fo: rp '
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LA rhada I-7 ot??
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USE- FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
RecoNed From: ABRAMS i&-MAZER
AHORNEYC A Q"
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MONR I 'm
s
One Place of ordlnar, mail addressed to:
lA)I 1 l'I?::gl I l? La i ? rnr?-
(I 11 F I esr I Ir nrln 4, i?
PS Form 3817, Mar. 1989
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.0, SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05920 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE ETC
VS.
QUIDORT CAROLYN E ET AL
SHAWN HARRISON Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon QUIDORT CAROLYN E the
defendant, at 9:09 HOURS, on the 4th day of October
1999 at 1117 FLORIBUNDA LANE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to WILLIAM QUIDORT
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 7.44 ?
Affidavit .00
i:L
Surcharge 8.00 I omas?line, eri
1O DB6 CK 4CCA FERTY, MCKEEVER
0D 19 9 by
pu eri
Sworn and subscribed to before me
this a At day ofZ_QL,-.
19? A.D. J4,1 A."
rut'li6
no ar
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05920 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE ETC
VS.
QUIDORT CAROLYN E ET AL
SHAWN HARRISON , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon QUIDORT WILLIAM T the
defendant, at 9:09 HOURS, on the 4th day of October
1999 at 1117 FLORIBUNDA LANE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to WILLIAM QUIDORT
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
6.00 2
.00
8.00 1Z?' masine, S
$I4.00 - GOLDS$Cl CCAFTY, MCKrER
10/06/199
by
Sworn and subscribed to before me
this d e ,( day of ®6T/
1991 A. D.
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