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HomeMy WebLinkAbout03-3970MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, CHERRY HILL, NJ 08034 856-%82-6900 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff SUITE 500 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 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 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCEITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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 (856) 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: Conseco Bank, Inc. Assignee: Conseco Finance Consumer Discount Company Recording Date: 09/08/00 Book:654 Page: 489 Assignor: Conseco Finance Consumer Discount Company Assignee: Mortgage Electronic Registration Systems, Inc. Recording Date: LODGED FOR RECORDING 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 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 13 Maple Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: Township of South Newton COUNTY: Cumberland DATE EXECUTED: 06/09/00 DATE RECORDED: 06/13/00 BOOK: 1618 PAGE: 281 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 refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of (b) 07/25/03: or Principal of debt due Unpaid Interest at 10.00% from 03/01/03 to 07/25/03 (the per diem interest accruing on this debt is $12.17 and that sum should be added each day after 07/25/03) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) $44,408.29 1,788.99 250.00 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $139.09 and that sum should be added on the first of each month after 07/25/03) (140.10) Corporate Advance Late Charges (monthly late charge of $22.77 should be added in accordance with the terms of the note each month after 07/25/03) 402.83 91.08 Attorneys Fees (anticipated and actual to 5% of principal) 2,220.41 TOTAL $49,301.50 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, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have 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 $49,301.50 plus interest,/ costs and attorneys fees as more fully set forth in the Complain/ and f°r f°recl°sure and sale °f the M°rtgaged/~mises' ~ / M3~RK J. UDREN & ASSOCIATES ~ Attorney for Plaintiff Attorney I.D. No. 04302 A~LL THAT CERTAIN T~ACT OH PARCEL OF LAND AND PREMISES, SIT~ATE, LYING AND BEING IN THE TOWNSHIP OF SOUTH NEWTON IN THE COUNTY OF CUMbErLAnD AND COMMONWEALTH OF pENNSYLVANIA, MORE PARTICULA~'-LY DESCKI]~ED AS FOLLOWS: BEGINNIN~ AT A POINT IN THE EASTEP~N LINE'OF A PUBLIC ROAD LEADIN~ FROM THE VILLAGE OF WALNUT BOTTOM TO STOUGHSTOWN AT A POINT FIFTY-EIgHT ($8) FEET NORTH OF A COMMON COP~NE~ BETWEEN A TWENTY {20) FOOT DHiVEWAY. AND LA~D INTENDED TO BE CONVEYED TO SAMUEL K. DEVOH~ THENCE ALON~ Tn~ EASTEP~N LINE OF SAID PUBLIC ROAD, NORTH THIRTY- SIX (36} DEGP~EES EAST, FIFTY-EIGHT (58) FEET TO A POINT AT LiNE OF LAND INTENDED TO BE CONVE~ED TO SAMI~EL F. SHIIMAN~ THENCE BY SHIL~AN TP~ACT, SOUTH FIFTY-FOU~ (54) DEGHEES EAST, ONE HUND~ED FIFTY (150) FEET TO A POINT AT OTHEH LANDS OF MA~K E. COCKLEY ET UX~ THENCE BY COCKLEY LA~D, SOUTH THIRTY-SIX (36) DEGREES WEST, FIFTY- EIGHT (58} FEET TO A POINT AT LINE OF LAND OF SAMUEL K. DEVOR~ T~NCE BY DEVOH TP, ACT, NORTH FIFTY-FOUI~ (54) DEGREES NEST, ONE HUNDP~ED FIFTY (150) FEET TO THE pLACE OF BEGINNINg. JUL-28-2003 16:38 OC£NLAR; LOAN ADN~N~I~AI~ON & ~ (800) 242-7178 July 01, 2003 Jeffrey P Kauffma~ 13 Maple Avenue Walnut Bottom PA 17266 Certified Mail NO. Accoua%~ No. 0010793867 Mortgaged Proper=y: 13 MaDle Avenue Walnut Bottom PA 17265 YO%IR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTM IN THIS NOTICE. yOIIR LENDER MAY FORBC~OSE ~ YOU ~%Y I~DSE YOUR HOME. IF YOU WANT TO SAV~ YOUR HOME FROM FORECLOSURE, YOU MUST T~(E ACTION NOW BY EITHER: 1. C~INO T~E DEFAULT - This no=ice explains the nature of the default and your r~ghts to protect your interest in your home (See Section 403 cf the Acu of January 30, 1974 (P.L.13, No. 6), 41 P.S. Section 403); OR 2. APPL¥INO TO THE ~OMEOWN~RS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR PINANCI/%L ASSISTANCE WHICH CAN SAV~ YOUR HOME FROM FORECLOSURE A~D HELP YOU MAKE pUTURE MOKTGAOE PAYMENTS - Read ~his no=ice =o find out how the pro,ram works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See AC= o~ December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need more information, call the Pennsylvania Housin~ Finance Agency at 1-800-342-2397. LA NOTIFICACION EN ADJUN~ ~S DE SUMA IMPORTANCIA, PUBS AFECTA SU DEREC~O A CONTIMUAR VIVIENDO ~/~ SU CASA. SI NO COMPRENDE EL CONTE/~IDO DE ESTA NOTIBICACION OB~OA UNA TR~UCCION INM~DITAM~TB LI~O ESTA A~ENCIA (~ENNSYLVANIA HOUSING ~INANC~ AGENCY) SLN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES S~R ELEGI~LE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "~O~OWNERS ~v~RGENCY MORTGAGE ASSISTANCE PROGRAM" BL CUAL PUED~ S~_LVAR SU CASA I2% P~RDIDA DEL DE~C~O A R~DIMIR SU HIPOTECA. E~RGENCY MORTGAGE ASSISTANCE PEOORAM YOU MAY BE ELIGIBLE FOR FIN;U~CIAL ASSIST~/~CE WHIC~ CAN SAVE YOUR HOME FROM FORECLOSD-RE AND EEL~ YOU MAK~ FUT~E MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("THE ACT"}, YOU MAy ~E ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES ~EYOND YOUR CONTROL, IF YOU HAVE A REASON~LE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU M~ET OTRqZR ELIGIBILITY REQUIP. EMENTS ESTABLISHED BY THE PENNSYLVANIA MOUSING FINANCE A~ENCY, PLEASE READ ALL OF TEIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XC177 004 CCM EXHIB~T~ 0010793867 TEMPORARY STAY OF FORECLOSURE - Under ~he"~ct, you are entitled to a =emporazy stay of foreclosure on your mortgage for thirty {30) days from the date of this Notice. DLu~ing that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to at=e~10t to work out a repayment plan or to otherwise se=:le your delinquency. THIS MEETING MUST OCCUR WITHIN THE N~XT (30) DAYS. MOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.O. BOX 77410 ~%~in~, NJ 08818 Telephome Number: 1-800-242-7178 Contac~ Person: MS. PULLI CONSUMER CREDIT COUNSELING AGENC~ - If you mee~ with your creditor or with a consumer credit counseling agency identified in this notice, creditor may NOT take action against you for thirty (30) days after the date of this meeting. TH~ NAMES AND ADDRESSES OF DESIGNATED CONSUMER CRRDIT COUNSELING AGENCIES FOR TME COUNTY IN WHICH THE PROPERTY IS LOCATED ARE S~OWN ON THE ATTACMED SHEET. It is only necessary to schedule one face- :o-face meeting. A~vise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable ~o resolve this problem with the creditor, you have the r/gh= to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed on the attachment. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete applicacion to ~he Pennsylvania Mousing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION ~ROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TME OTHER TIME PERIODS SET FORT~ IN THIS LETTER, FORECLOSLTR~ MAY PKOCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR /%P~LICATION FOR MORTGAGE ASSISTA};CE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by the A~ency under the slt~ibillty criteria established by cbs ACt. It is ~x=remely i~ortant that your XC178 008 CCM JLL-28-~00~ lb:~ Page 3 Loan No. 0010793867 application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receivms 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. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE EOX 8029, HARRISBURG, pENNSYLVANIA 17105. TELEPHOI~E NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER}. PERSONS WIT~ IMPAIRED HEARING CAN CALL (717) 780-1869. "" HOW YOUR MORTGAGE %S iN DEFAULT NATUP. E OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 13 Maple Avenue , Walnut Bottom PA 17266 IS SERIOUSLY IN DEFAULT because: A. YOU HAV~ NOT MADE THE MONT~LLY MORTGAGE PAYMENTS for the following months, and the followin~ amounts are now past due: 4/1 THROUGH 6/1 PAYMENT (3) @ $605.05~$1,815.15 Monthly Payments Plus Late Cha~ges Accrued: $ 1,883.46 NSF: $ 40.47 Inspections: $ Other: $ 36.50 (Suspense): $ TOTAL AMOUNT TO CURE DEFAULT: $ 1,960.43 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: REINSTATE THE LOD. N HOW TO CURE THE DEFAULT- You may cure the default within TNIRTY (30) DAYS of the date of this notice ~¥ PAYING THE TOTAL AMOUNT PAST DUE to the creditor plus any additional monthly payments a.nd late charges which may fall due after the date of this notice and the date you make your ~ayment. Payments must be made either by ca~h, cashier's check, certified check or money order made payable and aent to: Central Loan Administration 425 ;hillips Blvd. Ewing, NJ 08628 Attn: Cash Management Departmen~ You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of chis letter. XC179 015 CCM ~UL-28-2803 16:39 Loan NO. 0010793867 IF YOU DO NOT CURE T~E D~FAULT - If you do not cure the default within T~IRTY (30) DAYS of the date of this Notice, THE CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELERATE TME MORTGAGE DEBT. This means that the entire outstanding balance of ~his debt will be considered due immediately and you may lose =he chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY DAYS, the creditor also iAtends to instruct its at:orneys to start a lawsuit to foreclosure upon your mortgaged proDerty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay Off the mortgage debu. If the creai=or refers yOur case to its attorneys, but you cure the delinquency before the creditor 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 creditor even if they exceed $50.00. Any attorney's fees will be added to che amount you owe the creditor, which may also include other reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTOP. NEY'S FEES. OT~R CREDITOR REMEDIES - The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personal!y if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGMT TO CURE THE DEFAULT P~IOR TO SHERIFF'S SALE - If you have not cured the default within :he THIRTY (30) DAY period and foreclosure proceedings have begun, YOU STILL HAVE THE RIGHT TO CURE T~Z DEFAULT AND PREVENT THE SALE AT Ab-y TIME UP TO ONE HOUR BEFOR~ THE SHERIFF'S Sl~LE, YOU MAy DO SO BY ~AYIN~ TH~ TOTAL AMOUNT PLUS A/PY COSTS CONNECTED WITH TH~ FORECLOSURE SALE ~ AN~ OTHER COSTS CONNECTED WITH TME SHERIFFS SALE AND BY PERFORMING ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. EARLIEST POSSIELE SHERIFF'S DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) mon=h~ from the date of this Notice. A notice of =he actual da~e of the Sheriffs sale will be sent to you before =he sale. Of course, the amount needed ~o cure the default will increase ~he longer you wai=. You may find out at any time exactly what the required pa~me~lt or action will be by contacting the creditor. If money is due, such payment mus~ be in cash, cashier's check, certified check or money order made payable to the creditor a= the 'addrees set forth above. XC180 010 CCM ZUL-28-2~03 16:~o Pa~e 5 Loan NO. 0010793867 EFFECT OF S~ERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end your ownership of thc mortgaged proper=y and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by nhe creditor at any time. OT~ER RIGHTS THAT YOU FAV~ - You have additional rights to help protect your interest in the property. ~SUMPTION OF' MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assmum¢ thc mortgage debt, provided chat all the outs=andin~ payments, charge and attorney's fees and cost are paid prior to or at the sale and the= ~he o~her retirements of the mortgage are satisfied. YOU ALSO HAVE TH~ RIGHT * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TEE MORT(}AGE DEBTOR. * TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE TRIM DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ' T6 NAV~ T~E MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFUALT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOb'R DEFAULT MOR~ THAN T~REE TIMES IN ~ CALENDAR YEAR.) * TO ASSERT T~E NONEXISTANCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ~ OTHER LAWSUIT INSTITUTED UNDER TEE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY ~AVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER TNB FEDERAL BANKRUPTCY LAW. A LIST OF CONSUMER COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACRED. Sincerely, Angela M. Pulli Second Vice President XC181 01~ CCM TNIS IS AN ATTBMPT TO COLLECT A DEBT ~ ~ INFORMATION OBTAINED IN P~ESPONSE TO T~IS WILL BE USED TO FURTHER T~AT OCENLAR? LOAN ADM~IBll~TION (800) 242-7178 July 01, 2003 Jeffrey P Kauffman Fo Box 206 Walnut Bo=tom Mot=gaged Proper=y: , PA, 17266 13 Maple Avenue Walnut Bottom PA 17266 Certified Mail No. ACco~n~ NO. 0010793867 YOUR MORT~AGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WA~T TO SAVE YOUR HOME FROM FORBCLOSURE, YOU MUST TAF~ ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice ~xplains the nature of the defaul= and your rights to protect your interest in your home (See Section 403 of the Ac= of January 30, 1974 (P.L.13, No. 6), 41 P.S. Section 403)i OR 2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGB ASSISTANCE PROGRAM FOR FINJLNC!J%L ASSIST~CE WNIC~ CAN SAVE YOUR HOM~ FROM FORECLOSUP~ AND HELP YOU F~hYd~ FUTE~RE MORTGAGE PAYMENTS - Read this no~tce to find ou= how the pro,ram wor~s. YOU 9KJST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. Sec Ac= of Dace~%ber 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1880.409c. If you need more information, call ~he Pennsylvania Housin~ Finance Agency at 1-800-342-2397. LA NOTIFICACION EN ADJIJNTO ES DE SUMA IMPORTARCIA, PUES ;~FECTA SU DKRECEO A CONTINUA~t VIVIENDO ~N SU CASA. SI NO COMPRENDE EL CONT~NID0 DE ESTA NOTIFICACION O~TENGA UNA TRADUCCION IN~fSDITJ~E LI~O ESTA AG~/qCIA (PERNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS ~L NLrMER0 MENCIONADO ~UEDES SER ELEGIBLE ~J~A UN ~I~ESTAMO FOR RL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGP. AM" EL CUAL ~UEDE SALVAR SU CASA LA PERDIDA DEL DEREC~O A REDIMIR SU HIPOTECA. EMERGENCY MORTGAGE ASSISTJ%NCg PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND H~LP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("THE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU }{AVE A REASONABLE FROSPECT OF R~SUMIN~ YOUR MORTGAGE PAYMENTS ~ IF YOU MEET OTHER ELIGIBILII"~ REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLFJ%SE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XC183 003 CCH 3UL-28-2003 1G:~o Page 2 Loan No. 0010793867 TEMPOR/t~Y STAY OF FORECLOSURE - Under the"kct, you are anti:led to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that t/me you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out · repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.o. Box 77410 Ewing, NJ 08618 Telephone Number: 1-800-242-7178 Contac= Person: MS. PULLI CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. THE NAMES A~qD ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AG~CIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SMOWN ON T~E ATTACHED SHEET. It is only necessary TO schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this No=ice. If you have tried and are unable to resolve this problem with the creditor, you have ~he right to apply for financial assistance from the ~omeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, ai~n and file a ¢o.~letsd Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counselin~ agencies listed on the attachment. Only consumer credit counseling agencies have appllca=ions for :he program and they will assist you in submitting a cow~lete application to the Pennsylvania Mousin~ Finance A~ency. Your application MUST be filed or postmark=d within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO $O OR IF YOU DO NOT FOLLOW T~E OTHER TIME PERIODS SET FORTM IN T~IS LETTER, FORECLOSUR~ MAY PROCEED AGAINST YOUR ~OM~ I~EDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL RE 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. It is e~tremely important that your XC178 008 CCM JUL-28-2003 16:41 Page 3 Loan NO. 0010793867 application is accurate and complete in every respect. The Pennsylvania Houein~ Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedinsa 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 decisio~ On your application. T~E PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCA'~'~ AT 2101 NORTM F~ONT STREET, POST OFFICE BOX 8029, HARRISBURG, pENNSYLVANiA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL ~ZE .N~ER). PERSONS WIT~ IMPAIRED }~ARING ~ CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 13 Maple Avenue Walnut Bottom PA 17266 IS SEKIOUSLY IN DEPAULT because: A. YOU HAV~ NOT MAD~ THE MONTHLY MORTGAGE PAYMENTS for =he following mo~ths, and the following amounts are now pas= due: 4/1 THROUGH 6/1 PAYMENT (3) ~ $605.05=$1,615.1~ Monthly Payments Plus Late Charges Accrued: $ 1,883.46 NSF: $ 40.47 Inspections: $ Other: $ 36.50 (Suspense): $ TOTAL AMOUNT TO CUR~ DEFAULT: $ 1,960.43 YOU ~L~ FAILED TO TAKE TME FOLLOWING ACTION: R~INSTAT~ TRE LO;tN HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY ~AYING THE TOTAL AMOUNT ~AST DUE to the creditor plus any additional monthly payments and la~e charges which may fall due after the date of this notice and the dace you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sen= to: Central Loan Administration ~25 Phillips ~lvd. ~win~, NJ 08628 Attn: Cash Management Department You can cure any o~her default by taking the following action within TMIRTY (30) DAYS of ~he date of ~his let=er. XC179 01~ CCM ~UL-28-21;~3 16:41 Page 4 Loan No. 001079386? IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within TMIRTY (30) DAY~ of the date of this Notice, THE CRF2DITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELEKATE THE MORTGAGE DEBT. This means that the entire outsK~ding balance of =his dsbt will be considered due ir~mediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the =oral amount past due is not made within T~IR~"f (30) DAYS, the creditor also intends to instruct i~ attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORT~AG~ IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to ~ay off :he mcr=gage debt. If the creditor refers your case to its attorneys, but you cure =he delinquency before =he creditor 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. Nowever if legal proceedings are started agains= you, you will have to pay all reasonable attorney's fees actually incurred by ~he creditor eve~ if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, which may also include other reasonable costs. IF YOU CUR~ THE DEPAULT WITHIN THE THIRTY (30) DAY PERZOD, YOU WILL NOT BE REOUIKED TO PAY ATTOR/gEy'S FEES. OTHRR CREDITOR REMEDIES - The creditor may also sue you personally for ~he unpaid principal balance and other sums due under ~he mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance sult will be for property only. RI~MT TO CURE THE DEFAULT PRIOR TO SRERIFF'S S;%LE - If you have not cured ~he default within ~he THIRTY (30) DAY period and foreclosure ~roceedi~gs have begun, YOU STILL ~AVE T~E RIGHT TO CURE TRE DEFAULT A/TD PREVENT THE SALZ AT ANY TIME UP TO ONE HOU~ B~FOR~ THE SHEK!FF'S SAL~, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS ANY COSTS CO~CTED WITR THE FORECLOSUP, E SALE AND ANY OT~ER COSTS CONNEC~I'~D WITH THE SHERIFFS SALE AND BY ~ERFORMING AIPY OTHER REQUIKEM~NTS UNDER THE MORTGAGE. EARLIEST POSSIBLE S~ERIFF'S DATE - It is estimated chat the earliest date that such a Sheriff's Sale of =he mortgaged proper~y could be held would be approximately NINE (9) months from the date Of this Notice. A no:ice of the ac=ual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amoun~ needed ~o cure tbs default will increase the longer you wait. You may find out at any time exactly what thc required paym~t or action will be by contacting the creditor, If money is due, such payment mus~ be in cash, cashier's check, certified check or money order made payable to the creditor at the address se= ~orth above. XC180 010 CCM JUL-28-2¢03 16:41 PaBe $ Loan No. 0010793867 EFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and yOur right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any tine. OTHER RIGHTS THAT YOU HAVE - You have additio~,~l rights to help protect your interest in the property. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or :ransferee who will asssume the mor~gaqe debt, provided tha= all the outstanding payments, charge and attorney's fees and ~os= are paid prior =o or at the sale and tha= the other requiremen~ of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT * TO SELL TM~ PROPERTY TO OETAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR. ' TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * T~ RAV~ THIS DEFAULT CURED BY ANY THIRD ~ARTY ACTING ON YOUR SEHALF. * T6 HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT ~ OCCU~ED, IF YOU CURE THE DEFUALT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIME~ IN ANY CALEb'DAR YEAR.) * TO ASSERT THE NOArEXISTANCE O~ A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OT~ER LAWSUIT INSTITUTKD UI~DER THE MORTGAGE DOCUMENTS. ' TO ASSERT ANY OT~ER DEFENS~ YOU B~LIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER TM~ FEDERAL BAN~fRUPTCY LAW. A LIST OF CONSUMER COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Sincerely, Anpela M. Pulli Second Vice President XC181 019 CCM THIS IS A~ ATTEMPT TO COLLECT A DEBT AND ANY INFOP, MATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. JUL-28-2~03 16:~1 Po~tage ;;3- ~' Return Receipt Fee ~ Fee PS Form 3~00, Februe~ 2002 US Pos~l Se~ico C~J~ Mall R~eipt Peerage $ Ce~lie~ Fee Return Receipt Fee TOtal Pod&ge & Fee~ Certified Mail Receipt '" TOTAL P. 12 VERIFICATION 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, belief and the source of his reports of Plaintiff's agents. this statement herein Pa.C.S. Section 4904 authorities. information and information is public records and The undersigned understands that is made subject to the penalties of 18 relating to unsworn falsification~t~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems, Inc. Plaintiff Jeffrey P. Vo Kauffman Defendant 500 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County iNO.03-3970 P~AKC/~E_TO DISCONTJ_NU~WITHQ33T~J_DIAI~C~E TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES Attorney for Plaintiff DATED:A~/gL~St 2~ 2003