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Home My WebLink About07-5776UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America :COURT OF COMMON PLEAS 475 Crosspoint Parkway :CIVIL DIVISION P.O. Box 9000 Getzville, NY 14068-9000 :Cumberland County Plaintiff V. Guy Gsell, III Michelle Gsell a/k/a Michelle € NO. ??? LCD Malloy 3671 Spring Road Carlisle, PA 17013 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR 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. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 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: Keystone Financial Mortgage Assignments of Record to: Nationsbanc Mortgage Corporation Recorded: 4/21/99 Book: 610 Page: 467 Assignor: Nationsbanc Mortgage Corporation Assignee: Bank of America Recorded: 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 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 3671 Spring Road MUNICIPALITY/TOWNSHIP/BOROUGH: Middlesex Township COUNTY: Cumberland DATE EXECUTED: 10/20/98 DATE RECORDED: 10/21/98 BOOK: 1490 PAGE: 945 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, 5. After demand. t-hP shall be immediately due. Defendant(s) continues to fail or 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; (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 9/28/07: Principal of debt due $80,799.20 Unpaid Interest at 6.870 from 2/1/07 to 9/28/07 (the per diem interest accruing on this debt is $15.22 and that sum should be added each day after 9/28/07) 3,651.28 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0 and that sum should be added on the first of each month after 9/28/07) 549.35 Late Charges (monthlyy late charge of $38.07 should be added in accordance with the terms of the note each month after 9/28/07) 59.46 Property Inspection 17.00 Attorneys Fees (anticipated and actual to 50 of principal) 4,039.96 TOTAL $89,721.25 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 $89,721.25 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN piece or parcel of land situate in Middlesex ?.• Township, Cumberland County, Pennsylvania, known and designated as Lot 15 on the Subdivision Plan for Samuel H. nervy and Alice C. Henry, as recorded in Cumberland County Plan Book 39, Page 129, in which it is more fully bounded and described as follows, to wit. BEGINNING at an iron pin in line of other lands of grantors herein being designated as Lot #1 on the Subdivision plan, which iron pin is also in the eastern line of a 50 foot private right-of-way lying to the west of Lot 15 being conveyed herein; thence north 79 degrees uu minutes east 215.00 feet along other lands of grantors herein to an iron pin; thence south 14 degrees 00 minutes east 215.00 foot along same to an iron pin; thence south 76 degrees 00 minutes west 215.00 feet along same to an iron pin in the western line of a 50 fuu4 private right-at-way; thence north 14 degrees 00 minutes west 215.00 feet along the western line of 50 foot private right-of-way to an iron pin, the place of BEGINNING. CONTAINING 1.06 acres. August 10, 2007 Guy Gsell III 3671 Spring Rd. Carlisle, PA 17013 Loan Number: 2002756746 Bank®#America. _Q? Bank of America 475 CrossPoint Parkway Po Box 9000 Geuville, NY 14068.9000 ACT 91 NOTICE TAIK,E. ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowner's Mortgage Assistance Program (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must meet with a consumer credit counseling agency within 30 days of the date of this notice. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you-lmave any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1.800.342.2397. (Persons with impaired hearing may call 717.780.1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIONENADJUNTOESDESUMAIMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDOEN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA LiVA TRADUCCION INVEDITAMENTE LL.4MANDO 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 CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBITA _wvx P1W Bank of America, Batik of America 475 CrOSSPOint Parkway Po Box 9ooo Getnille, NY 14068.9000 Homeowner's Name(s): Property Address: Loan No.: Original Lender: Current Lender/Servicer. Guy Gseil III Michelle Gsell 3671 Spring Rd Carlisle, PA 17013 2002756746 Keystone Financial Mortgage Bank of America HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You maybe. eligible for financial assistance that can save your home from foreclosure and help 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 also be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, Ifyou have a reasonable prospect of being able to pay your mortgage payments, and If you meet other eligibility requirements established by the Pennsylvania housing finance agency. Temporary Stay of Foreclosure Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to face meeting with one of the 'consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next 30 dayx If you do not apply for emergency mortgage assistance, you must bring your mortgage up to date. The part of this notice named Flow to Cure your Mortgage Default explains how to bring your mortgage up to date. Consumer Credit Counselin A encies if you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. Application for Mortgage Assistance Your mortgage is rn default for the reasons set forth later in this Notice (see foIlowin information about the nature of your default). If you have tried and are unable to resolve his problemhwith the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance AtN1tl V Bank of America, *i. Hank Of America 475 CrdssPoint Parkway PO Sox 9000 Geuville, NY 14068.9000 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 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 other time periods set forth in this letter, foreclosure may proceed against your home immediately and your application for mortgage assistance will be denied. A.2encv 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 this time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the -Pennsylvania Housing Finance Agency of its decision on your application. Note: If you are currently protected by the filing of a petition in Bankruptcy, the following part of this notice is for information purposes only and should not be considered as an attempt to collect the debt. If you have filed bankruptcy, you may still apply for Emergency Mortgage Assistance. How to Cure Your Mortgage Default (Bnng it up to date) Nature of the Default The mortgage. debt held by the above lender on your property located at 3671 Spring Rd., Carlisle, PA, 17013 is seriously in default because you have not made monthly mortgage payments for the following months and the following amounts are now past due: Monthly Payments:. March 1, 2007 $758.61 April 1, 2007 $758.61 May 1, 2007 $758.61 June 1, 2007 $758.61 July 1, 2007 $758.6.1 August 1, 2007 $758.61 NSF: $00,00 Inspections: PROPERTY INSPECTION $00.00 Late Charges: $00.00 Other Charges: $00.00 Total Amount Past Due: $4,551.66 18anko#America. Bank oFAmerica 475 CrvssPoint Parkway PO Box 9000 GetzvAle, NY 14M-gooo How to cure the Default You may cure the default within thirty (30) days of the date of this notice by paying the total amount past due to the lender, which is $4,551.66plus any mortgage payments and late charges which become due during the thirty (30) day period Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Bank of America Mortgage 475- CrossPoint Parkway PO Box 9000 Getzville, N.Y. 14068-9000 If You do not cure the default If you do not cure the default within thirty (30) days of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within thirty (30) days, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. If Mortgaze is Foreclosed Upon The mortgage 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. If you cure the default within tl:e thirty (30) day period, you will not be required to pay attorney's fees. Other Lender Remedies The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. - RiAt to Cure the Default Prior to Sheriff's Sale If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs sale. You may do so by paying the total amount then past due, please any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure. sale and any other costs connected with the Shers sale as specified in writing by the lender and by performing.any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you liad never defaulted. %_ ft- Bank ofAmedcaVQ-- Bank of America 475 WssPoint Parkway Po Box 9000 Getzville, NY 14068-9000 Earliest Possible Sheriffs sale date It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this notice. A notice of the actual date of the Sheriff's Sale will-be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. How to Contact the Lender Name of Lender: Bank of America Mortgage Address: 475 Crosspoint Parkway PO Box 9000 . Getzville NY 14068-9000 Telephone Number: 1.800.846.2222 Fax Number: 1.716.635.7263 Contact Person: Karen Michelson Effect of Sheriffs Sale You should realize that a Sheriff's Sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a.lawsuit to remove you and your furnishings and other belongings could be stated by the-lender at any time. Assumption of Mortgage If you have any questions concerning assumption of your loan, please call 1.800.285.6000. You may also have the right to.. Sell the property to obtain money to payoff the mortgage debt or to borrow money from another lending institution to payoff this debt. Have this default cured byahy third party acting on your behalf. Have the mortgage restored to the same position as if no default had occurred, if you cure the default. (However, you do not have the right to cure your default more than three times in any calendar year.) Assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. Assert any other defense you believe you may have to such action by the lender. Seek protection under the Federal Bankruptcy Law Consumer Credit Counseling Agencies Serving Your County. See attached list Nq,0W ft- Homeowners' Emergency Assistance Prograin Counseling Agency List Cumberland Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 717.234.5925 PHFA 2101 North Front Street Harrisburg, PA 17110- 800-342.2397 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717-232-,2207 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 Page 36 of 103 Bank of America, s August 10, 2007 Bank of America 475 CrossPoint Parkway PO Box 9000 Gemilie. NY 14068.9000 Michelle Gsell 3671 Spring Rd. Carlisle, PA 17013 Loan Number: 2002756746 ACT 91 NOTICE - TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowner's Mortgage Assistance Program (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must meet with a consumer credit counseling agency within 30 days of the. date of this notice. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1.800.342.2397. (Persons with impaired hearing may call 717.780.1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SUDERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST, NOTIFICACIONOBTENGA UNA TRADUCCION INMEDITA,ir1ENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCEAGENCY) SIN CARGOS AL NUMERO MENCIOMDO ARRIBA. PU£DES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI_tiflR SU HIPOTECA. PNOO Dd Pam Bank of America, . -%. Homeowner's Name(s) Property Address:. Loan No.: Original Lender: Current LenderlServieer: Guy Gsell III Michelle Gsell 3671 Spring Rd Carlisle, PA 17013 2002756746 Keystone Financial Mortgage Bank of America Bank of America 47S CrossPoint Parkway PO Box 9000 GeUville, NY 14068.9ooo 1 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance that can save your home from foreclosure and help 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 also be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, If you have a reasonable prospect of being able to pay your mortgage payments, and If you meet other eligibility requirements established by the Pennsylvania housing finance agency. Temporarv 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. This meeting must occur within the next 30 days. If you do not apply for emergency mortgage assistance, you.must bring your mortgage up to date. The part of this notice named How to Cure your Mortgage Default explains how to bring your mortgage up to date. Consumer Credit Counselinn Agencies If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is necessary to schedule one face-ta face meeting. Advise your lender immediately of your intentions. Application for Mort 8a2e Assistance Your mortgage is in default for the reasons set forth later in this Notice-(see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Bank of Amelrica, Bank.of America 475 Cross Point Parkway Po Box 9000 Getzville, NY 14068.90oo Program. To do so you must fill out, sign and file a c6mpleted Homeowner's Emergency Assistance Pro 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 submit ting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of yourface-to-face meeting. You nsustfle your application promptly. If you fail to do so or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and your application for mortgage assistance will be denied. Agency Action Available funds for emergency mortgage assistance are•very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During this time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. Note: If you are currently protected by the filing of a petition in Bankruptcy, the following part of this notice is for information purposes only and-should not be considered as an attempt to collect the debt. If you have filed bankruptcy, you may still apply for Emergency Mortgage Assistance. How to Cure Your Mortgage Default (Bring it up to (late) Nature of the Default The mortgage debt held by the above lender on your property located at 3671 Spring Rd., Carlisle, PA, 17013 is seriously in default because you have not made monthly mortgage payments for the following months and the following amounts are now past due: A'Ionthly Payments: March 1, 2007 $758.61 April 1, 2007 $758.61 May 1, 2007 $758.61 June 1, 2007 $758.61 July 1, 2007 $758.61 August 1, 2007 $758.61 NSF: $00.00 Inspections: PROPERTY INSPECTION $00.00 Late Charges: $00.00 Other Charges: $00.00 Total Amount Past Due: $4,551.66 BankofAmerica. . -- Bank of America 475 CrossPoint Parkway PO Box 9000 GeUville, NY 14068.9000 How to cure the Default You may cure the default within thirty (30) days of the date of this notice b the lender, which is $4,551.66plus any mortgage payments and late charges wpaying the total amount past due hich become due during the. to thirty (30) da t3' ( ? yperiod. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Bank of America Mortgage 475 CrossPoint Parkway PO Box 9000 Getzville, N:y. 14068-9000 If you do not cure the default If you do not cure the default within thirty (30) days of the date of this Notice,. the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments- If full payment of the total amount past due is not made within thirty (30) days, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. If Montage is Foreclosed Upon The mortgage property will be sold by the Sheriff to payoff 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. If you cure the default within the thirty (30) day period, you will not be required to pay attorney's fees: Other Lender Remedies The lender may also sue you personally for the unpaid principal balance and all other sums.due under the mortgage. - Ri ht to Cure the Default Prior to Sheriffs Sale If you have not cured the default within the thirty (30) day period and foreclosure proceedings have be still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffgs sale you You may do so by paying the total amount then past due, please any late or other charges then due, reasonable attorney's fees and costs connected with *the foreclosure sale and any other costs connected with the Sheriffs sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to t/:e same position as if you_had never defaulted. BankofAmerica. Bank of America 475 CrossPoini Parkway Po Box 9000 Ge[zville. NY 14068.9000 Earliest Possible Sheriff's sale date It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. How to Contact the Lender Name of Lender; Bank of America Mortgage Address: 475 Crosspoint Parkway PO Box 9000 Getzville NY 14068-9000 Telephone Number: 1.800.846.2222 Fax Number: 1.716635.7263 - Contact Person: Karen Michelson Effect of Sheriff's Sale You should realize that a Sheriff's Sale would 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 stated by the lender at any time. Assumption of Mortgage If you have any questions concerning assumption of your loan, please call 1.800.285.6000. You may also have the right to: Sell the property to obtain money to payoff the mortgage debt or to borrow money from another lending institution to payoff this debt. Have this default cured by any third party acting on your behalf. Have the mortgage restored to the same position as if no default had occurred, if you cure the default. (However, you do not have the right to cure your default more than three times in any calendar year.) Assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. Assert any other defense you believe you may have to such action by the fender.. Seek protection under the Federal Bankruptcy Law. Consumer Credit Counseling Agencies Serving Your County: See attached list --'tl P n Homeowners' meta,,,, ency Assistance Program Counseling Agency List Cumberland Urban League of Metropolitan Hbg 2107 N. 61h Street Harrisburg, PA 17101 717.234.5925 PHFA 2101 North Front Street Harrisburg, PA 17110 800.342.2397 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 1 I? 1 Pao -e 36 of J 03 V E R I F I C A T I O 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. Mark J. Udren, ZES-Q-U-IRE--- UDREN LAW OFFICES, P.C. Z V t4 CAS NO: 2007-05776 P 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA VS GSELL GUY III ET AL MARK CONKLIN SHERIFF'S RETURN - REGULAR Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GSELL GUY III the DEFENDANT at 1515:00 HOURS, on the 8th day of October , 2007 at 3671 SPRING ROAD CARLISLE, PA 17013 MICHELLE GSELL, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.72 .00 10.00 V -3 It . IG Sworn and Subscibed to before me this of day , Sheriff or Deputy Sheriff of So Answers: R. Thomas Kline 10/09/2007 UDREN LAW OFFICES By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE 6: 2007-05776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA VS GSELL GUY III ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GSELL MICHELLE DEFENDANT A MICHELLE MALLOY the at 1515:00 HOURS, on the 8th day of October , 2007 at 3671 SPRING ROAD CARLISLE, PA 17013 MICHELLE GSELL was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?,, t if o? f 6'J V- 16.00- Sworn and Subscibed to before me this day So Answers: O R. Thomas Kline 10/09/2007 UDREN LAW OFFICE By: Deputy Sheriff of A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. Guy Gsell, III :NO. 07-5776-Civil Michelle Gsell a/k/a Michelle Malloy Defendant PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED:February 19, 2008 UDREN LAW OFFICES, P.C. BY.. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE rn ?" ? i