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HomeMy WebLinkAbout99-06191 +t { t z ? (Y y l I! ? bfs ? t¢" 5 x t? . ? < . i„. 'C1a t +. l( i A TT ? S{ SS+. R? 4 A rr 5 ?kr V Y -A? t? - IN A < t ? i A ? Fh a h 5? y 9 I F ? PV AS i ? t{ i- { ¢ ?F ? L tt?? 4 ? , tt f i t tj 4? p ? d' T I { > Y 5 ? '• 4 t i Ct b \ ?' tp ? ai . 1 f p { R ?.he. y S?A `' Q ? E 2tE, p r 3 4 ??Q s b`' . y y w P ' s r T ` e3wc 3 ? ?? y i J 4 x . 3 Y 7 Y 2•r C a s 4MI 7 { ( ?.,. y > f' F f rl z t- ; f r'?. . h } '. {{ a ' + J ( s f f? . E ' ,M y ''r f a. n 411 t Y a ? t - 1 ad{;?t Yet. r ? G ?t e f .1a X6.3 {. { x y l k Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD HORSHAM, PA 19044 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ARCEE CLEMENS, Executrix of the Estate of RUDOLPH S. CLEMENS, JR., Deceased 754 MEADOW DRIVE CAMP HILL, PA 17011 CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLELCT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249-3166 OR 800 990-9108 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD HORSHAM, PA 19044 V. ARCEE CLEMENS, Executrix of the Estate of RUDOLPH S. CLEMENS, JR., Deceased 754 MEADOW DRIVE CAMP HILL, PA 17011 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. CIVIL ACTION - MORTGAGE 1. Plaintiff is GMAC Mortgage Corporation, formerly known as GMAC Mortgage Corporation of PA., successor by merger with GMAC Mortgage Corporation of Iowa, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with corporate offices at 500 Enterprise Road, Horsham, PA 19044. 2. Defendant, Arcee Clemens, Executrix of the Estate of Rudolph S. Clemens, Jr, deceased, is the mortgagor and real owner of premises 754 Meadow Drive, Camp Hill, PA 17011, hereinafter described, whose last known address is the same as above. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by Rudolph S. Clemens, Jr. to GMAC Mortgage Corporation, on August 24, 1998 which mortgage is recorded in the office for the Recording of Deeds of Cumberland County in Mortgage Book 1478 page 976, secured on premises 754 Meadow Drive, Camp Hill, PA 17011, a true and correct description of which is attached hereto as Exhibit I. 4. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 5. On November 12, 1998 Rudolph S. Clemens, Jr. departed this life testate. The Will did appoint and nominate Arcee Clemens as Executrix of the Estate of Rudolph S. Clemens, Jr. 6. The aforesaid mortgage is in default in that the defendant, mortgagor and real owner has failed to make payment of the monthly installments of principal and interest in accordance with the terms of the mortgage, for the month of March, 1999 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Interest from 02/01/99 to 09/30/99 at $17.86 p/d Accrued late charges from 08/24/98 to 09/15/99 Escrow balance (taxes and insurance) from 03/01/99 to 09/01/99 Monthly Inspections from 03/01/99 to 09/01/99 at $15.00 per month Reasonable Attorney's fee Title information certificate Photostats and postage $ 93,120.08 $ 4,322.12 $ 238.49 $ (557.12) $ 120.00 $ 4,600.00 $ 325.00 $ 35.00 f G' G' Notarizations $ 10.00 Total $102,213.57 9. Plaintiff sent to defendant, mortgagor and real owner a Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising her of her rights under the statute (copies attached as Exhibit II). To date defendant has neither made payment nor indicated that she has taken any steps to avail himself of the financial assistance made available through this legislation within the time established by this statute. 10. Plaintiff releases Rudolph S. Clemens, Jr., deceased, his heirs representatives and devisees from personal liability for the debt secured by this mortgage. 11. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (1977), defendant may dispute the validity of the debt or any portion thereof. If defendant does so in writing within thirty (30) days of receipt of this pleading, counsel for Plaintiff will obtain and provide defendant with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, counsel for Plaintiff will send defendant the name and address of the original creditor if different from above. WHEREFORE, plaintiff demands judgment for $102,213.57, plus per diem interest at $17.86 from 09/30/99 to the date of judgment plus monthly late charges of $34.07 from 09/15/99 to the date of judgment plus monthly inspections of $15.00 from 09/01/99 to the date of judgment and escrow advances of $140.97 per month from 09/01/99 to the date of judgment, foreclosure and sale mortgaged premises plus costs thereo rtha E. Von Rosenstie ttorney for Plaintiff' the VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. o I understand that false statements herein are made au t penalties of IS Pa.C.S. Section 4904 relating to unsworn falsification to authorities. A Von Rosenst DATED: October 4, 1999 ALL THOSE TWO (2) CERTAIN parcels of land and premises, situate, lying and being in the Township of East Pennsboro in the County of CUMBERLAND and Commonwealth of Pennsylvania, more partially described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side of a township road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde 0. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west eighty (80) feet to an iron pin; thence along other land now or formerly of Clyde 0 Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hundred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 67 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. BEING improved with a one-story dwelling house with attached carport known and numbered as 754 Meadow Drive. PARCEL NO. 2: ALL that certain triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or formerly of Harris J. Baysore and Ruth M. Basore, his wife (Parcel No. 1 above); thence along the south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence along the line of other land now or formerly of Clyde 0. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. Tax Parcel d09-18-1304-082 tl? EXHIBIT _.-i NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE DATE: May 24, 1999 CERTIFIED MAIL NO. Z 472887252 TO: RUDOLPH S CLEMENS J 754 MEADOW DRIVE CAMP HILL PA 17011 RE: MORTGAGE LOAN NUMBER: 497415802 MORTGAGED PREMISES: 754 MEADOW DRIVE CAMP HILL, PA 17011 This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above promises, or is the mortgage service agent for such holder. (Hereinafter referred to as we, us or ours). As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because you have not made the March 1, 1999 and subsequent monthly payments as listed, and/or for other reasons as indicated below:* 3 payments @ $992.91 $2,978.73 Accrued late charges ..............................$102.24 NSF Check Foos...... .. ........................$0.00 All other fees accrued to date ......................$0.00 * Less available suspense credits ....................$0.00 The total amount now required to cure this default, or in other words, got caught up in your payments as of the date of this letter is ....................................$3,080.97 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount, plus any additional monthly payments and late charges 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, or sent to: 3451 Hammond Avenue, P.O. Box 780, Waterloo, IA 50704-0780. 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 owing 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 EX N I r IT 2'. DMS5-BRCHPAC (Page 1 of 2) May 24, 1999 Page 2 497415802 off the debt. If we refer your case 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 pay the reasonable attorney s attorney's fees will be added include our reasonable costs. day period, you will not be r are started against you, you will have to fees even if they are over $50.00. Any to whatever you owe us, which may also If you cure the default within the thirty equired to pay attorney's fees. Remember you are also responsible for keeping all real estate taxes current. We may also sue you personally for the unpaid balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 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's sale could be held would be approximately one-hundred and fifty (150) days from the date of this letter. A notice of the 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 will be by calling us at the following number: 1-800-850-4622. The payment must be in cash, cashier's check, certified check or money order and made payable to us at the address previously stated. You should realize that a Sheriff's 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. NOTICE - This is an attempt to collect a debt and any information obtained will be used for that purpose. 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 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 THE RIGHT MAY 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. DMSS-BRCHPAC (Page 2 of 2) F= C 1?U _{ lV T Vl (J rc) `2v?^nJ V SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06191 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS. CLEMENS ARCEE ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: CLEMENS ACREE EXECUTRIX OF THE ESTATE OF RUDOLPH CLEMES but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant CLEMENS ACREE EXECUTRIX OF THE ESTATE OF RUDOLPH CLEMES DEFT. MOVED AND LEFT NO FORWARDING ADDRESS. HOUSE IS VACANT. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30 Not found return 5.00 .?" Surcharge 8.00 R A K. Piama'H'Kl'ine, b $?U 1A THA E. VON ROSENSTIEL Sworn and subscribed to before /meff/ this j,,t day of 19? A.D. - CL, Martha E. Von Rosenstiel, P.C Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD HORSHAM, PA 19044 V. ARCEE CLEMENS, Executrix of the Estate of RUDOLPH S. CLEMENS, JR., Deceased 754 MEADOW DRIVE CAMP HILL, PA 17011 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. W`? I & ;LL CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLELCT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249-3166 OR 800 990-9108 TRUE DOPY FROM RECORD In Testtnrigwtwg0l, I Ime onto sA"MW -Ind t 01 d at "dish, Pe. I ? 9 C'? Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD HORSHAM, PA 19044 V. ARCEE CLEMENS, Executrix of the Estate of RUDOLPH S. CLEMENS, JR., Deceased 754 MEADOW DRIVE CAMP HILL, PA 17011 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is GMAC Mortgage Corporation, formerly known as GMAC Mortgage Corporation of PA., successor by merger with GMAC Mortgage Corporation of Iowa, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with corporate offices at 500 Enterprise Road, Horsham, PA 19044. 3. Defendant, Arcee Clemens, Executrix of the Estate of Rudolph S. Clemens, Jr, deceased, is the mortgagor and real owner of premises 754 Meadow Drive, Camp Hill, PA 17011, hereinafter described, whose last known address is the same as above. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by Rudolph S. Clemens, Jr. to GMAC Mortgage Corporation, on August 24, 1998 which mortgage is recorded in the Office for the Recording of Deeds of Cumberland County in Mortgage Book 1478 page 976, secured on premises 754 Meadow Drive, Camp Hill, PA 17011, a true and correct description of which is attached hereto as Exhibit I. 4. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 5. on November 12, 1998 Rudolph S. Clemens, Jr. departed this life testate. The will did appoint and nominate Arcee Clemens as Executrix of the Estate of Rudolph S. Clemens, Jr. 6. The aforesaid mortgage is in default in that the defendant, mortgagor and real owner has failed to make payment of the monthly installments of principal and interest in accordance with the terms of the mortgage, for the month of March, 1999 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Interest from 02/01/99 to 09/30/99 at $17.86 p/d Accrued late charges from 08/24/98 to 09/15/99 Escrow balance (taxes and insurance) from 03/01/99 to 09/01/99 Monthly Inspections from 03/01/99 to 09/01/99 at $15.00 per month Reasonable Attorney's fee Title information certificate Photostats and postage $ 93,120.08 $ 4,322.12 $ 238.49 $ (557.12) z-s $ 120.00 $ 4,600.00 $ 325.00 $ 35.00 Notarizations Total $ 10.00 $102,213.57 9. Plaintiff sent to defendant, mortgagor and real owner a Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising her of her rights under the statute (copies attached as Exhibit II). To date defendant has neither made payment nor indicated that she has taken any steps to avail himself of the financial assistance made available through this legislation within the time established by this statute. 10. Plaintiff releases Rudolph S. Clemens, Jr., deceased, his heirs representatives and devisees from personal liability for the debt secured by this mortgage. 11. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (1977), defendant may dispute the validity of the debt or any portion thereof. If defendant does so in writing within thirty (30) days of receipt of this pleading, counsel for Plaintiff will obtain and provide defendant with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, counsel for Plaintiff will send defendant the name and address of the original creditor if different from above. WHEREFORE, plaintiff demands judgment for $102,213.57, plus per diem interest at $17.86 from 09/30/99 to the date of judgment plus monthly late charges of $34.07 from 09/15/99 to the date of judgment plus monthly inspections of $15.00 from 09/01/99 to the date of judgment and escrow advances of $140.97 per month from 09/01/99 to the date of judgment, foreclosure and sale o the mortgaged premises plus costs there VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made su ject to penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Martha . Von Rosenstie , Esquire DATED: October 4, 1999 t DESCRIPTION ALL THOSE TWO (2) CERTAIN parcels of land and premises, situate, lying and being in the Township of East Pennsboro in the County of CUMBERLAND and Commonwealth of Pennsylvania, more partially described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side of a township road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde 0. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west eighty (80) feet to an iron pin; thence along other land now or formerly of Clyde 0 Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hundred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 67 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. BEING improved with a one-story dwelling house with attached carport known and numbered as 754 Meadow Drive. PARCEL NO. 2: ALL that certain triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or formerly of Harris J. Baysore and Ruth M. Basore, his wife (Parcel No. 1 above); thence along the south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence along the line of other land now or formerly of Clyde 0. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. Tax Parcel #09.18-1304-082 EXHIBIT NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE DATE: May 24, 1999 CERTIFIED MAIL NO. Z 472887252 TO: RUDOLPH S CLEMENS J 754 MEADOW DRIVE CAMP HILL PA 17011 RE: MORTGAGE LOAN NUMBER: 497415802 MORTGAGED PREMISES: 754 MEADOW DRIVE CAMP HILL, PA 17011 This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above promises, or is the mortgage service agent for such holder. (Hereinafter referred to as we, us or ours). As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because you have not made the March 1, 1999 and subsequent monthly payments as listed, and/or for other reasons as indicated below:* 3 payments @ $992.91 $2,978.73 Accrued late charges ..............................$102.24 NSF Check Fees ......................................$0.00 All other fees accrued to date ......................$0.00 * Less available suspense credits ....................$0.00 The total amount now required to cure this default, or in other words, get caught up in your payments as of the date of this letter is ....................................$3,080.97 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount, plus any additional monthly payments and late charges 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, or sent to: 3451 Hammond Avenue, P.O. Box 780, Waterloo, IA 50704-0780. 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 owing 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 EXHi"1T 1'V DMSS-BRCHPAC (Page 1 of 2) May 24, 1999 Page 2 497415802 off the debt. If we refer your case to our default before they begin legal proceedings have to pay the reasonable attorney's fees, $50.00. However, if legal proceedings pay the reasonable attorney s attorney's fees will be added include our reasonable costs. day period, you will not be r attorneys, but you cure the against you, you will still actually incurred, up to are started against you, you will have to fees even if they are over $50.00. Any to whatever you owe us, which may also If you cure the default within the thirty squired to pay attorney's fees. Remember you are also responsible for keeping all real estate taxes current. We may also sue you personally for the unpaid balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure tha default and prevent the sale at any time up to one 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's sale could be held would be approximately one-hundred and fifty (150) days from the date of this letter. A notice of the 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 will be by calling us at the following number: 1-800-850-4622. The payment must be in cash, cashier's check, certified check or money order and made payable to us at the address previously stated. You should realize that a Sheriff's 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. NOTICE - This is an attempt to collect a debt and any information obtained will be used for that purpose. 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 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 THE RIGHT MAY 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. DMS5-BRCHPAC (Page 2 of 2) ,?