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HomeMy WebLinkAbout07-7442GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff' VS. STEPHEN L. MARKS ALFIA R. MARKS Mortgagors and Real Owners 519 South Pitt Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendants Term o7' T44 A Civi 1 CIVIL ACTOO °MORTGAGE 0 FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARKA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINAPUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Doss of Their Homes. 4). Call the Plaintiff (your lender) at 866-296-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account currents or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-806-413-2311 or via email at homeretentionna,2oldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429.: The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is !David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 59020FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WASHINGTON MUTUAL BANK, 7255 Baymeadows Way, Jacksonville, FL 32256. 2. The names and addresses of the Defendants are STEPHEN L. MARKS, 14 Hosfeld Road, Carlisle, PA 17015 and ALFIA R. MARKS, 14 Hosfeld Road, Carlisle, PA 17015, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On May 26, 2004 mortgagors made, executed and delivered a mortgage upon t?e Property hereinafter described to WASHINGTON MUTUAL BANK, FA, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1867, Page 2427. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$72,021.78 Interest from 07/01/2007 through 12/31/2007 at 6.6250% .......................$2,404.88 Per Diem interest rate at $13.07 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,601.09 Late Charges from 08/01/2007 to 12/31/2007 .............................................$119.60 Monthly late charge amount at $23.92 Costs of suit and Title Search ......................................................................$900.00 Suspense ....................................................................................................... -$58.64 Fees ................................................................................................................$65.90 Monthly Escrow amount $186.64 $79,054.61 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set fo above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to col ect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in nersonam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the 'Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being re 'uested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the um of $79,054.61, together with interest at the rate of $13.07, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff Sale of the Property. By: GO Ok cCWTTYY & LMMcc EVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, auva 4 1+ , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true land correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: I Z 61 Washington Mutual Bank r cat- C IT(J 0661214627 STEPHEN L. MARKS and ALFIA R. MARKS EythibitA 0 ? ?/ FIRST AMERICAN TITLE INSURANCE CO. Commitment Number. MAR132-04 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THOSE TWO CERTAIN lots of ground situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as`follows, to wit: TRACT NO. 1: BEGINNING at a point'on the easterk line of sixty (60) feet wide So th Pitt Street at the southwestern corner of premises known as 517 South Pitt Street now or formerly of Cec I J. Zeigler and wife, which point at the place of beginning is 5d.8 feet south of the corner of lot now or former) of Harold W. Weigle and wife, and which point at the place of beginning is 148.2 feet south of the southern ine of Willow Street; thence from said tack at the place of beginning South 83 degrees 47 minutes East, a distance ? of 110.00 feet through the center of the partition wall separating the houses known as Nos. 517 and 51 South Pitt Street to the western line of a Ten (10) feet wide public alley; thence along the western line of 'd ten (10) feet wide public alley South 6 degrees 13. minutes West, a distance of 16.00 feet to the Northea em corner of lot on which is erected a house known as No. 521 South Pitt Street; thence along the Northern ne ofl said lot known as 521 South Pitt Street North 83 degrees 47 minutes West, a distance of 110.00 feet th gh the center of a partition wall separating the two houses known as Nos. 519 and 521 South Pitt Street to t said Eastern line of sixty (60) feet wide South Pitt Street; thence along the eastern line of said (60) feet wide S th Plitt Street North 6 degrees 13 minutes East, a distance of 16.00 feet to a tack at the place of BEGINNING. CONTAINING 16.00 feet in front along the eastern line of sixty (60) feet wide South Pitt treet land extending eastwardly therefrom at an even width a distance of 110.00 feet to the westem line of ten 10) fed wide public alley and having thereon erected a three-story attached frame dwelling house known as 519 th Pitt Street. TRACT NO.2: BEGINNING at an iron pin on the Eastern side of a Ten (10) feet wide public alley iwhich extends southwardly from Willow Street, at the southwestern comer of lot now or formerly of Ceci J. Zeigler and wife, which iron pin at the place of beginning is 45.00 feet South of an iron pin on the same side o said alley located a distance of 113.83 feet south of the southern line of Willow Street, and which iron pin at the ce f beginning is 158.83 feet south of the southem line of Willow Street. said point of ( beginning being also 120. feet East of South Pitt Street), thence from said iron pin at the place of beginning, along the southern line of said land now or formerly of Cecil J. Zeigler and wife, South 83 degrees 47 minutes East, a distance of 70.00 feet to an iron pin in line of land formerly of Berman R. Meals, now or formerly of Robert L. Myers; thence along . Iii of land now or formerly of Robert L Myers, South 6 degrees 13 minutes West, a distance of 15.00 f t to a stake at the northeastern comer of lot now or formerly of Paul C. Mellen; thence along the norihem lin of said lot now or formerly of Paul C. Mellen; North 83 degrees 47 minutes West, a distance of 70 feet to an ' pin 0 the eastern tine of a Ten (10) feet wide public alley; thence along the eastern line of said Ten (10) fe t wide pubic alley; North 6 degrees 13 minutes East, a distance of 15.00 feet to an iron pin at the place of BEGI NING. CONTAINING 15.00 feet in front a" the Eastern line of a Ten (10) feet wide public alley and extending eastwardly therefrom at an even width a distance of 70.00 feet to land now or formerly of Robery L. Myers, said lot of ground lying East of the lot of ground described as Tract No. 1 above. J Certify this to be recorded In Cumberland County PA ALTA Commitment Schedule C UK 16 6 7 PG 2 4 4 6 Recorder of Deeds (1JlAR13?-04.PFDNAR1324W5) Exhibit B Washington Mutual 0661214627 Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 October 16, 2007 #BWNCLNN# #0906619214962799# ALFIA R MARKS 14 HOSFELD RD CARLISLE PA 17015 000358 /PC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0661214627 ACT 91 NOTICE TAKE ACTION TO SAVE YOl HOME FROM FORECLOSUP 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, PUSS AFECTA SU DERECHO A CONTI UAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION EDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMER MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EM GENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED R SU HIPOTECA. PA ACT 91 Washington Mutual Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 October 16, 2007 #BWNCLNN# #0906619214962799# ALFIA R MARKS 519 S PITT ST CARLISLE PA 17013 000360 /PC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLET ANY INFORMATION OBTAINED WILL BE USED FOR THAT NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0661214627 ACT 91 NOTICE TAKE ACTION TO SAVE YOl HOME FROM FORECLOSUIR nature of the default is provided in h attached pagm- 0661214627 A DEBT, AND 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, PUES AFECTA SU DERECHO A CONTI UAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION EDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMER MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EME . GENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED IR SU HIPOTECA. PA ACT 91 Washington Mutual Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 October 16, 2007 #BWNCLNN# #0906619214962799# STEPHEN L MARKS 519 S PITT ST CARLISLE PA 17013 000359 /PC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO ANY INFORMATION OBTAINED WILL BE USED FOR THAT NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0661214627 ACT 91 NOTICE TAKE ACTION TO SAVE YO HOME FROM FORECLOSU1 0661214627 A DEBT, AND JRPOSE. 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 associat on may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTI UAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENHIO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI I N I EDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMER MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EME GENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED R SU HIPOTECA. PA ACT 91 Washington Mutual Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 October 16, 2007 #BWNCLNN# #0906619214962799# STEPHEN L MARKS 14 HOSFELD RD CARLISLE PA 17015 000357 /PC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLET ANY INFORMATION OBTAINED WILL BE USED FOR THAT NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0661214627 ACT 91 NOTICE TAKE ACTION TO SAVE YOl HOME FROM FORECLOS" 0661214627 A DEBT, AND This Notice contains important legal information. If you have any questions, representatives at the Consumer redit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar associat n may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONT AR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMER DITAMENTE MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EM . GENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED 19 SU HIPOTECA. PA ACT 91 HOMEOWNER'S NAME(S): Stephen L. Marks PROPERTY ADDRESS: 519 S. Pitt St. Carlisle PA 17013 LOAN ACCT. NUMBER: 0661214627 ORIGINAL LENDER: Sto CURRENT LENDER/SERVICER: Washington Mutual Bank IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORT( 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ASSISTANCE ACT OF 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. 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 NF' (30) DAYS. IF YOU DO CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling a1gmcies 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 Ames, addresses. and end of this Notice_ It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE 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 Mortgage Assistance Pr am. 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 applicatio s 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 "ATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbur 4 by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days tom 0 a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met t el time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on you application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BAN> RVPTCY, 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 can still apply for Emergency Mortgage Assistanucej HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 000357100626 HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it un to date). NATURE. OF THE. DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 519 S. Pitt St. Carlisle PA 17013 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 08/0 1/2007 $665.08 09/01/2007 $665.08 10/01/2007 $665.08 Other charges (explain/itemize): Uncollected Late Charges $0.00 Uncollected Fees: $0.00 Less Credits $82.56 TOTAL AMOUNT PAST DUE: $1912.68; B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this n ti BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1912.68;, PLUS ANY MORTGAGE PAYM TS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash ' check- or money order made payable and sent to: Washington Mutual Bank Cash Processing P.O. Box 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date i of this Notice, the lender intends to exercise ite righ a t ace 1 rat h mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the 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 acti n Ito foreclose upon your mortgaged property, sIF THE MORTGAGE S FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off te mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceeding; 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 attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fives will be added to the amount you owe the lender, which may also include other reasonable costs. If X= cure the defa LU within the THIRTY (301 DAY riod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIEC - The lender may also sue you personally for the upaid principal balance and 01 other sums due under the mortgage. PA ACT 91 RIGHT 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 m y still have the right to cure the default and prevent the sale sit jny time up to one hour the lender and by performing any other mquirements under the mortga¢g. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EAR .i - T POSSIBLE SHFRIFF'4 eAL.E DATE - It is estimated that the earliest date that such a Sheriffs Sal Of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date f 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 wa1 . You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFF'S SALE: - 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 Sheriff's Sale, a lawsuit to remove you and?your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or t axysferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prio? to or at the sale, and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD O CURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT M RE THAN 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. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 013 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07442 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MARKS STEPHEN L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARKS STEPHEN L but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT 519 SOUTH PITT STREET , MARKS STEPHEN L CARLISLE, PA 17013 TENANT LIVES AT GIVEN ADDRESS. Sworn and Subscribed to before me this day of Sheriff's Costs: So answers: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 n .00 R. Thoma Kl 3 7 . 8 0 A. D. ine Sheriff of Cumberland County TY MCKEEVER GOLDBECK MCCAFFER 12j14/2007 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07442 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MARKS STEPHEN L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARKS ALFIA R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 519 SOUTH PITT STREET CARLISLE, PA 17013 TENANT LIVES AT GIVEN ADDRESS. , MARKS ALFIA R NOT FOUND , as to A. D. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 7 ?]?? ? 00 i/' 21.00 Sworn and Subscribed to before me this day of So answers R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 12/14/2007 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MARKS STEPHEN L 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 was served upon MARKS STEPHEN L the DEFENDANT at 1425:00 HOURS, on the 13th day of December , 2007 at 14 HOSFELD ROAD CARLISLE, PA 17015 ALFIA MARKS, 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 6.00 Service 9.20 Affidavit .00 Surcharge 10.00 .00 /,2fa.©/67 4- 25.20 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/14/2007 GOLDBECK MCCAFFERTY MCKEEVER By: Dep ty Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MARKS STEPHEN L 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 was served upon MARKS ALFIA R the DEFENDANT at 1425:00 HOURS, on the 13th day of December , 2007 at 14 HOSFELD ROAD CARLISLE, PA 17015 by handing to ALFIA MARKS 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: So Answers: Docketing 6.00 r? y yr rr; Service .00 ? ~ Affidavit 00 Surcharge 10.00 R. Thomas Kline /af?Jo? .00 16.00 12/14/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to By: before me this day Dep y Sheriff of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff WASHINGTON MUTUAL BANK 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. STEPHEN L. MARKS ALFIA R. MARKS 519 South Pitt Street Carlisle, PA 17013 No. 07-7442 Defendants PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. MICHAEL T. MCKEEVER, ESQUIRE C'7 C?`t