HomeMy WebLinkAbout99-07300r
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CHASE BANK OF TEXAS f/k/a : IN THE COURT OF COMMON PLEAS OF
TEXAS COMMERCE BANK, : CUMBERLAND COUNTY, PENNSYLVANIA
N.A., as custodian
V.
ESTHER K. BOONIE : NO. 99-7301 CIVIL TERM
AND NOW, this L day of FEBRUARY, 2000, a Rule is issued upon Cindy L.
Boonic, Administratrix of the Estate of Esther K. Boonie to Show Cause why plaintiff's
Motion for Leave to Amend a Complaint in Mortgage Foreclosure should not be granted.
Rule returnable twenty (20) days after service.
Mark J. Udren, Esquire
For the Plaintiff
Cindy Boonie
17 Birch Street
Mechanicsburg, Pa. 17055
:sld
By the
Edward E. Guido, J..
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MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04032
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Chase Bank of Texas f/k/a
Texas Commerce Bank, N.A., as
custodian
4708 Mercantile Dr. N.
Fort Worth, TX 6137-3605
Plaintiff
V.
Esther K. Boonie
17 Birch Street
Mechanicsburg, PA 17055
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 99-7301 civil
PRAECIPE_TO_MARK_SETTLED,_DISCONTINUED_.AND__ENDED
TO THE PROTHONOTARY:
Please mark the above captioned matter SETTLED, DISCONTINUED
and ENDED, upon payment of your costs only.
Mark J. Udren, Esquire
Mark J. Udren & Associates
Attorney for Plaintiff
Dated: Sep.tember.__19,._20.00
C: C f-
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WENDY BEECHER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. 99- /'7340 CIVIL TERM
TERRY BEECHER, JR.,
Defendant IN DIVORCE and CUSTODY
NOTICE TO DEFEND AND CLAIM RIGRTS
You have been sued in Court. If you wish to defend against the claims
set forth in the following pages, you must take prompt action. You are
warned that if you fail to do so, the case may proceed without you and a
decree of divorce or annulment may be entered against you by the Court. A
judgmenet may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property
or other rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the office of the Prothonotary at:
(IPIDERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE
RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
TOLL FREE: 1-800-990-9108
WENDY BEECHER,
Plaintiff
VS.
TERRY BEECHER, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
99- 7300 CIVIL TERM
IN DIVORCE and CUSTODY
CONPLAiNP IN DIVORCE AND CUSTODY
Plaintiff, Wendy Beecher, by her attorney, Dawn S. Sunday sets
forth the following:
1. Plaintiff is Wendy Beecher, who currently resides at RR2, Box
877, New Bloomfield, Perry County, Pennsylvania.
2. Defendant is Terry Beecher, Jr., who currently resides at
a temporary residence in Carlisle with a mailing address of RR2, Box 877,
New Bloomfield, Perry County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth for at least six months immediately preceding the filing of
this Complaint.
4. Plaintiff and Defendant were married on January 19, 1991 in
Carlisle, Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or for annulment
between the parties.
6. Neither party is a member of the Armed Forces.
7. Plaintiff avers as the ground upon which this action is
based, the marriage between the parties is irretrievably broken.
8. Plaintiff has been advised that counseling is available and
that Plaintiff may have the right to request that the court require the
parties to participate in counseling.
9. Plaintiff requests that the Court enter a Decree of Divorce.
Wherefore, Plaintiff requests that the Court enter an order dissolving the
marriage beween Plaintiff and Defendant.
COUNT II - CUSTODY
10. The allegations of paragraphs of 1 through 9 are incorporated
herein by reference and made a part hereof.
11. Plaintiff seeks custody of the following Child: Breanne Lynn
Beecher, born November 13, 1993.
The Child was not born out of wedlock.
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The child is presently in the custody of Wendy Beecher, who
resides at: RR2, Box 877, New Bloomfield, PA.
During the past 5 years, the Child has resided with the
following persons and at the following addresses:
NAMES
ADDRESS
DATES
Wendy Beecher and
Terry Beecher, Jr.
(and William McGowan,
Plaintiff's brother,
beginning in September
1999).
RR2, Box 877
New Bloomfield, PA
From Birth thru
October 1, 1999
Wendy Beecher and RR2, Box 877 From October 1,
William McGowan, New Bloomfield, PA 1999 thru present
Plaintiff's brother
The Mother of the Child is Wendy Beecher, currently residing
at RR2, Box 877, New Bloomfield, PA. She is married.
The Father of the Child is Terry Beecher, Jr., currently
residing at a temporary residence in Carlisle with a mailing address of
RR2, Box 877, New Bloomfield, PA. He is married.
12. The relationship of Plaintiff to the Child is that of
biological Mother. The Plaintiff currently resides with the following
persons: Breanne Lynn Beecher - daughter and William McGowan - brother.
13. The relationship of Defendant to the Child is that of
biological Father. The Defendant currently resides with the following
persons: Paul Holstein - friend.
14. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of the Child
in this or another Court.
15. Plaintiff has no information of a custody proceeding
concerning the Child pending in a Court of this Commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the Child or claims to have custody
or visitation rights with respect to the Child.
16. The best interest and permanent welfare of the Child will be
served by granting the relief requested because Plaintiff has been the
primary caretaker of the Child and the parties have agreed that the Child
would continue to reside with Plaintiff and Defendant would have liberal
periods of custody with the Child.
17. Each parent whose parental rights to the Child have not been
terminated and the person who has physical custody of the Child have been
named as parties to this action.
F.YS
J ..'
I O i Plaintiff requests that the Court issue an Order
granting the parties shared legal custody, granting plaintiff primary
Physical custody and granting Defendant partial physical custody of the
Respectfully Submitted,
Dawn S. Sunday, Esquire
Attorney for Plaintiff
ID 041954
39 West Main Street
Mechanicsburg, PA 17055-6230
(717) 766-9622
VFRIFICATIM
I verify that the statements made in the foregoing Complaint are
true and correct. I understand that false statements herein are subject to
the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to
authorities.
, fl A
Wendy echer, Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07301 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE BANK OF TEXAS ET AL
VS.
BOONIE ESTHER K
JODY SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon BOONIE ESTHER K the
defendant, at 9:30 HOURS, on the 17th day of December
1999 at CUMBERLAND CO. SHERIFFS DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 ,CUMBERLAND
County, Pennsylvania, by handing to CINDY BOONIE (ADMINISTRATOR
OF THE ESTATE)
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 6.20
Affidavit .00 sC
Surcharge 8.00 K. omas ine, eri
1ARK J.9UD9REN
by / lG C l/{lC?l h
u` y riff-
Sworn and subscribed to before me
this day of C
19 ZoVO A.D.
i 771" / ?YI?l?DO.? /?.PAA'
rounonocary
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas f/k/a
Texas Commerce Bank, N.A., as
custodian
4708 Mercantile Dr. N.
Fort Worth, TX 6137-3605
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
V.
Esther K. Boonie
17 Birch Street NO.
Mechanicsburg, PA 17055
Defendant(s)
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
-:?qG i c4
W.
AVISO `
corte. Si usted quiere defenderse
demandado i
Le han a usted en la
uestas en las paginas siguientes, usted tiene
de estas demandas e partir de la fecha de la demands y la
en
veinte (20) dias de plazo al a en rencia forma escrescritaers oona.
notificacion. Hace fialta y entregar ascentar a la una comp corte
persona o con un abo4ado
demandas en contra de su defensas o sus objeciones a las la corte t mara medidas y
e si usted no se dafiende, a sin previo avis0 0
Sea avisado qu en contra suy del
puede continuar la demandas torte puede decidir a favor r de
notificacion. Ademas,
dades u otros
demandante y requiere que usted cumpla con todas YosePrOv
esta dernanda• Usted puede perder dinero o sus p Pi
derechos importantes para usted.
B SI NO TIENE ABOGADO
YA S
LLEVE SSTA DENANDA A UN ABOGADO IlRSEDIATAMENT ,
O SI NO TIENB EL DPOR.R TELEFONO NAE LA OFICINA PAOAR TAL CIIYA SERVICIO, VA DIRECCION SE
PERSONA O LLLR TA ABAJO PARA F+VERIGIIAR DONDE SS PIISDS CONSSGIIIR
gNCIISNTRA
ASISTSNCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us
in writing of a dispute within the 30 day period, we will obtain verification of the debt or a
copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an
admission of liability on your part. Also, upon your written request within the 30 day period,
we will provide you with the name and address of the original creditor if different from the
current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
LAW OFFICES OF MARK J. UDREN
/s/ Mark J. Udren, Esquire
1040 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
(609) 482-6900
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments:
Assignor: America Is Moneyline, Inc.
Assignments of Record to: Chase Bank of Texas f/k/a Texas Commerce
Bank, N.A., as custodian
Recording Date: 115198 Book: 565 Page: 800
2. Defendant (s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant(s),
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with Pa.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 17 Birch Street
MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Silver Spring
COUNTY: Cumberland
DATE EXECUTED: 12/23/97
DATE RECORDED: 1/2/98 BOOK: 1424 PAGE: 1050
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said Mortgage itemized below, shall be immediately due.
5. After demand, the Defendant(s) continues to fail or
refuses to comply with the terms of the Note as follows:
(a) by failing or refusing to pay the installments of
principal and interest when due in the amounts indicated
below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
6. The following amounts are due on the said Mortgage as of
11/18/99:
Principal of debt due and unpaid $9,634.92
Interest at 11.375%
from 5/1/99
to 11/18/99
(the per diem interest accruing on
this debt is $3.00 and that sum
should be added each day after 606.00
11/18/99)
Title Report 250.00
Court Costs (anticipated, excluding 280.00
Sheriff's Sale costs)
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $-0- and that sum should
be added on the first of each -0-
month after 11/18/99)
Late Charges
(monthly late charge of $5.80
should be added on the fifteenth of 73.00
each month after 11/18/99)
Other Fees 366.56
Attorneys Fees (anticipated and actual 481..25
to 5% of principal)
TOTAL $11,692.23
7. The attorney's fee set forth above are in conformity
with the mortgage documents and Pennsylvania law, and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the sale, reasonable
attorney's fees will be charged in accordance with the reduction
provisions of Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, accordance
with the requirements of those acts, and the date appearing on the
copy attached hereto as exhibit A, and made part hereof, and
defendants have failed to proceed within the time limits, or has
been determined ineligible, or Plaintiff has not been notified in
a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $11,629.23, plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortg Ie?dd premises.
4?V v
Mark Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
EXHIBIT A
ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE
SPRING,. CUMBERLAND COUNTY, PENNSYLVANIA. SOUNDED
WITH A SURVEY AND PLAN THEREOF ASS FOLLOW REST J.
ENGINEER, DATED JUNE 23•
IN THE TOWNSHIP OF SILVER
AND DESCRIBED IN ACCORDANCE
WALKER, PROFESSIONAL
OOT
BEGINNING AT THE NORTHEAST CORNER OF BIRCH STREET, 33 FEET WIDE AND 50 F G THE
IDE OF 3IDEGRIGHTISFMINUTESHFAST 53.91DFEETATONA CORNER OFSLOT NO.B 13CONSTHEET NORTH 86
THENCE ALEONGS
HEREINAFTER MENTIONED
O ANOIRONTPIN TATNAECOALONG RNER OFI LOT O NO. SOUTH
FEET TPLAN
balTUTES EAST 125 SAID LOT SOUTH 3 DEGREES 15 MINUTES WEST 53.91 FEET TO A POINT ON THE
NORTHERN LIN-M OF THE SAM NORTH 86 DEGREES 45 MINUTES O WEST T 125D FE T RIGHT-OF-WAY; THEPOINTHAIM PLACEGOFHE
BEGINNING.
Received Time Hov.29. 8:19AM
Date: August 9, 1999
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This_is_a nst fficia lnoti ce_tlia ttlrelnortgage-onyo nrhom eis_i nd efault,.and
the_lender_intends_to_foreclose._Specific-infor..mation_abont_the-tatitre_oLthe
defaaltis_p rosidedinthe_a tta ched_p ages.
T}re HOMGQWIYER'S MORZGAGE_ASSISTANCt PROGRAM
(HEMAE)-rray_be.abl cAoh elp-t"aYS.-Pstrhomc,MisN4tic"xplainshnsvthe
programuvorks.
To see_iLHEMAP .canJrelp,_yon-nusLMETT-AV1T1i A-CONSUMER
CREDIT CO iNS LINGLAGENCY WITHIN 30 DAYS OF TI-IF. DATE OF
THI5IYOTLCE.Sake_this-Notic.ith-yQtuvherry4tuneet-w.ithAheS,Qtmselin g
Agency.
The_name,address_and_phone-numb-er-oLConsumer-CreditS,Qtmseling
Agencies.sersing-yotrr_Cotmty_ar_eiistedatthe_end QLthis-Notice._Ity_ou_haye
any_gnestions,yolunay-callAhelennsylYaniahlonsingJ inance Agency-tolLfree
at1=800-3A2--2391.(Persons-witltim pa i red-rea ringsansa IL(71Z)1$4-$61.
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 yoti rind 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
Page I of 6 EXHIBIT A
TRADUCCION IMMEDITAMENTE LLANIANDO 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 DG LA PERDIDA DEL DERECI-10 A REDIMIR SU
IIIPOTECA.
HOMEOWNER'S NAME(S):-Esther-KJ3nnnie
PROPERTY ADDRESS: 17 Birch Street
Mecltanicsbtirg, PA 17055-2708
LOAN ACCT. NO.: 034800323
ORIGINAL LENDER: Meritech Mortgage Services, Inc.
CURRENT LENDER/SERVICER: Meritech Mortgage Services, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOjJMAY BE ELIGIBI JE F R FINANCIAL. ASSISTA- Nf'F
WHICH CA_N_SAVF Y I iiQME- ROM.EORECL,QSIIR ANDL
HELP Y ILMAKF JU iR MOIL GA-GF. PAYMENYS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (TI IE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT IIAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU IIAVE 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
the end of this Notice. TIIISMEETINGMUST-OC.CUR.3YITlHN TIE NEXT-(30).DAYS-IEYQU
DO NOT APPLY FOR PMEBGENCYLIORIGAGE-ASSISTDNCE.IIIU-MUST-BRING-YOUIR
MD=-GAGE-LM TO DATE--THE PART O THIS-NDMCE_CALL " OW TO C fR YOIM
MORTGAGEQEFAULT"EXFLAINSJIQ W-TO-BRING-YQUR-IvIORTGAGE_UP_TO-DATE.
CONSUIWER-CREDIT.COUPISELING-AGENCIES- -- If you meet with one of the consumer credit
counseling agencies listed it the end of this Notice, the lender may NOT take nction against you for thirty
Page 2 of 6
(30) days a(ler the date of this meeting. The.rtantes-addresses,_and_telephonc_numbers_of-desigrtaled
consunteceredit counseling agencies for-the.county_in %vhich.the. propertyis.located.ar"ct.forth.aLlttc.end
of.thisNotice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately
of your intentions.
APPLCAT10LYl9R&IOItTGAGEASSIS'PANCR - Your mortgage is in default for the reasons set
forth later in this Notice (see following pages forspecific infomrationabout tu hn nature
of your r'yht tofault.)fIf
you have tried and are unable to resolve this problem with the lender, y g
financial assistance from the Ilomeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed I tomcowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
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 OTIIIER TIME MAY PROCEED AGAINST YOUR HOME PERIODS IMMEDIATELY AND YOUR APPLICATION OR
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 TIIE FILING OF A
PETITION IN BANKRUPTCY, TILE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED
AS AN ATTEMPT TO COLLECT TILE DEBT.
(Tryon have filed bankruptcy yen can still apply for Emergency Mortgage Assistance.)
IS SERIOUSLY IN DEFAULT because:
NAT: 17 B?14 Sttrreet, Mechanl csburg, PA MORTGAGE debt held by
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
$348.09
3 payments @ $116.03
(6199 - 8199)
$49.80
Late Charges/Accrued bate Charges Due
$0.00
Other Charges
TOTAL AMOUNT PAST DUE: $3.27M
Page 3 of 6
B. YOU I LAVE FAILED TO TAKE TI IE FOLLOWING ACTION (Do not use if not applicable):
N/A
IIOSV-TQ CURE-THE-DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING TIIE TOTAL AMOUNT' PAST DUETO TILE LENDER, WHICH IS $397.39,
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments.mast.be.made.either_by_caslh,.cashier's citcck,certi6ed_dteck
or money-order made-payable-ind-sent-to:
Louis P. Vitti, Esquire
LOUIS P. VITTI & ASSOCIATES, P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
You can cure any other default by taking the following action within Tl1IRTY (30) DAYS of the date of this
letter: N/A (DO NOT USE IF NOT APPLICABLE)
IE-YOUl Q_NOT.CURE:fIIE.DELAULT- If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, tho lender_intends_to.exerciseits rights_taaccelerate_tlremortgageAcht. 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 tponynarmortgaged.property.
iR TIIT BYGA,GE.ISSORECI OSERUL N - The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $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. Ifwttettre.the_dcfatrlbvithin.thpTI1 T]L(30)DAYperiod,yotuvill.not:.herequired
to.payattorney's.fecs.
OTHER T,ENDERItENIEDIES -The lender may also sue you personally for the unpaid principal balance
and other sums due under the mortgage.
RIGUTTO CUREMIEIIECAUI.TXRIORTO-SIIERIrLSSALI; - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, You-still have the righLto
cure_theAefaultand-prevent.the.salentany_fimeup_taoneltourbeforctheSheriffs-iale Yau_rn"osohy
paying-thcAotalamount.then.past.due.plusanydammrothetchargeslltendue reasonableattomeys-&cs-and
=LSsomected-viththabreclosuresaleand any-otheccastssonnscted-with-theSheriffs Saleasspecified
invidting.bylhelenderand.bKperfam-dngany-othet guiremenis_underthemortgage. Caring your default
in the manner set forth in this Notice will restore your mortgage to the same position as if you had
never defaulted.
FART IESTSOSSIBLE_SHERIELS_SALE-DATE -- It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could he held would be approximately 4-5 months from the date
of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
Page 4 of 6
IIONVTO CONTACT-THE LENDER:
Meritech Mortgage Services, Inc.
One Ridgmar Centre
6500 West Freeway, Suite 400
Fort Worth, TX 76116
Attention: Foreclosure Dept.
800-874-9516
EELECZOL' SIIERIFE'S.SALE - You should realize that a Sheriffs Sale would end your ownership of
the mortgaged property and your right to occupy it. I f you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMP11ON OF MORTCACE - You may or may not be able to 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. (Please contact the lender to find out if this option is available to you under your mortgage and
note.)
YQU MAY ALS0IIAVF TIIF. U-GM:
• 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.
e 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. (I4OWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE TITAN THREE TIMES IN ANY CALENDAR
YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
e TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER TI III FEDERAL BANKRUPTCY LAW.
CQNSUMERLCREDIT-MUNSELINOAGENCl R ERYING YO RiMUNT1
IIEIVIAP Counseling Agencies in
Cumberland County
CCCS of Western Pennsylvania,
Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of
Franklin
31 West 3rd Street
Woyncsboro, PA 17263
(717) 762-3285
Page 5 of 6
Urban I.eague of metropolitan
Iarrisburg
2107 N. 6th Street
Harrisburg, PA 17110
(717) 234-5925
FAX (717) 234-9459
Community Action Cnnmtission of the
Capital Region
1514 Derry Street
Harrisburg PA 17104
(717) 232-9757
FAX (717) 234-2227
YN1'CA or Carlisle
3010 Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams Cnunty Ilousing Authority
139-143 Carlisle Street
octtysburg, PA 17325
(717) 334-1518
FAX (717) 334-8320
Page 6 or 6
DECEASED BORRONVER
TELEPHONE UESTIONNAIR . 'C
00?
A. Loan Number: -
B. Date of conversation: 13f,)
C. Name of person to whom you spoke: oA 1F "
D. Telephone # of contact: 7 0 - ?Z 6 ?7 33
E. Questions to ask: t5?,, l?eD
1. Is there a will
Yes No
5-11e
Do Not Know
2. Is there a non-testamentary transfer of the subject real estate?
Yes No
i
3. Has administration been opened?
Yes No.
Do Not Know
Do Not Know
4. Have they mailed the death certificate to Meritech Mortgage?
Yes No Do Not Know.
5. If administration has not been opened, names, addresses, and
telephone numbers of Decedent's surviving spouse, children,
parents, brothers, sisters, and other heirs, friends, or other family.
w
Return to Lonna
07/30/1999 DLMCHI COLLECTION HISTORY INQUIRY
11:01:23 PAGE
REQ:C ***MORE
LOAN #: 034800323 Cl C2: ESTHER K. BOONIE
DUE DATE ACT DATE REMARKS
06/01/99 07/30/99 JOANNE NEW HOPE MIN TO,(DEATH),All8SMD,@07/30-13.:01
JOANNE W/NEW HOPE MINISTRIES WANTED AMT DUE TO HELP MRS
PAY BILLS DUE...TLD WE NEED AUTH FRM Cl TO RELEASE ANY
PAYMENT INFORMATION... SHE SD Cl PASSED AWAY IN JANUARY
AND THIS IS HER DAUGHTER THAT NDS FINC'L HELP.. ....140
RECORD OF DEATH CERTIFICATE, EXECUTRIX POA OR ANYTHING
ELSE IS RECORDED ON THIS ACCT. -DAUGHTER HAS BN ACTING
AS Cl AND ANSWERING ALL QUESTIONS LIKE SHE IS C3.
******************************************************
DO NOT RELEASE INFO *O*DAUII*H*ER*OR*ANYONE*E*SE*WITHOUT
PROPER AUTHORIZATION
07/29/99 TRESINA,A118SCW,@07/29-11:38
07/29/99 <TBS>,TRES,@07/29-09:11
NO ANSWER
07/28/99 <TBS>,TRES,@07/28-08:11
NO ANSWER
04750 MORE THAN 6 PAGES OF HISTORY 04755 PF08 - TO PRINT ALL HISTORY
V_E.R_I_E.I_C A_T_I..0 N
Mark J. Udren, Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he has
personal knowledge of some of the facts averred in the foregoing
pleading; and that the statements made in the foregoing pleading
are true and correct to the best of his knowledge, information and
belief and the source of his information is public records and
reports of Plaintiff's agents. The undersigned understands that
this statement herein is made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
"
Mar J. Udren, ESQUIRE
MAR J. UDREN & ASSOCIATES
i
W
4 O?? :?e