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Home My WebLink About03-6536GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 ~:UITE 5000 - MELLON INDEPENDENCE CENTER. 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK 601 Penn Street Reading, PA 19601 Plaintiff' VS. ELiSABETH E. GELBAUGH MITCHELL S. GELBAUGH Mortgagor{s} and Real Owner(s) 40 Sheraton Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. THIS FIRM 1S A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 afier the Complaint aid notice are served, by entering a written appearance pcrsmmlly or by attorney and filing in writing with the court your defenses or objections lo the claims set forth against you. You are warned Ihat if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without fl~rther notice for any money clatin in the Complaillt 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 IHIS PAPER TO YOUR LAWYER A1 ONCE, 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO 10 OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION AEOUT 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. LEGAL SERVICES INC 8 lrvine Row Carlisle. PA 17013 717-243-9400 CUMBERLAND COUNIY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA ]7013 AVI$O 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. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORIE EN FORMA ESCRITA. EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONIRA LAS QUEJAS 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 [~SIE PAPEL A SU ABOGADO ENSEGUIDA, SI USTED NO IIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABA JO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER[~ INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES [NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avelme Carlisle. PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis SOVEREIGN BANK, 601 Penn Street, Reading, PA 19601. 2. The name(s) and address(es) of the Defendant(s) is/are ELISABETH E. GELBAUGH, 40 Sheraton Drive, Carlisle, PA 17013 and MITCHELL S. GELBAUGH, 40 Sheraton Drive, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On November 02, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1738 Page 3220. The mortgage has not been assigned unless said assignment to the Plaintiffis hereafter mentioned. The aforementioned mortgage was assigned to: SOVEREIGN BANK by Assignment of Mortgage dated November 13, 2001 as Book 682 Page 1541; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due September 01, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 08/01/2003 through 12/20/2003 at 6.6250% Per Diem interest rate at $22.46 Attorney's Fee at 5.0% of Principal Balance Late Charges from 09/01/2003 to 12/20/2003 Monthly late charge amount at $60.77 Costs of suit and Title Search Escrow MI Premium Miscellaneous fee Satisfaction fee Monthly Escrow amount $232.89 $124,944.39 $3,176.27 $6,247.22 $196.52 $900.00 $135,464.40 +$439.01 +$71.78 +$9.25 +$27.00 $136,011.~4 7. The Attorney's Fees 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 based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) 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 "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the · Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $136,0 l 1.44, together with interest at the rate of $22.46, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. GOLDBE~YK M~EAFFERTY & McKEEVER BY: JOSE}/~f A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Alan Norris, 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 and 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 unsworn falsification to authorities. Date:December 11, 2003 Foreclosure Administrator #176530906 - ELISABETH E. GELBAUGH and MITCHELL S. GELBAUGH schedule C Land Description Number ,'ILL that cellain tract of hind situate in North Middlcton Township, Cnmbcrland Cotmly, Pennsylvania, bouudcd and described in nccordm~ce with Plan o£Lots known as Final Plan No. 3 oF Keudor Suumlit rccordcd in the hereinafter mentioned l~.ecordcr's Office in Plan Book 22, Page 146, as follows: BEGINNING at a poiut on the southern line of 50 feet wide Sheraton Drive at tile dividiug line between Lot Nos. 3 m~d 4 of Section "D"; thence along thc western linc ol'said Lot No. 4 of Section "D", South 05 degrees 37 minutes 10 seconds East, a distauce of 150 feet to a point on tile northern line of Lot No. 9 of Section "D"; thence along a portion of tile norlhern linc oF Lot No. 9 of Section "D" and a portion ol'the northern line of Lot No. 10 of Section "D", South 84 degrees 22 minutes 50 seconds West, a distance ct' 105 feet to a poiut at the southeasterr, corner ot' Lot No. 2 of Section "D"; thence along tile eastern line of said Lot No. 2 oFSectiou "D", Nodh 05 degrees 37 mimltes IO seconds West, a distance of 150 feet to a poir, I on Ihe southerr, linc oFSO I'cet 'Mdc Sheraton Drive; thence along tim soutlmrn linc o[said 50 I~el wide Sheraton Drive, Nm'th 84 degrees 22 miuutes 50 seconds East, a distance of 105 Iket to a poinl, thc Place oI'BEGINNING. CONT/IINING 105 l~ct in l'mnl ahmg Ihc southern liue oF 50 l~ct wide Sheraton Drive tlad cxtendiug southwardly thcrcl¥om at aa cvea width, a distance of ~50 feet and being ali of Lot No. 3 of' Section "D", as showa on said Final Plan No. 3 of Kendor Summit recorded as afiucsaJd. IL. II/lNG thereon crcctcd a d',vcllmg honse known as and munbered 40 Shel'aton D~ivc, Cmlislc, J~ennsylvanJa. .... s to be recorded .... , d t,ou Hy PA 353834 Bi( 1738P 3233 Recorder of Deeds ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: November 4, 2003 MITCHELL S GELBAUGH 40 SHERATON DR Loan # 0176530906 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 Imges. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP} may be able to heh~ to save your home. This Notice explains how the I~rogram works. To see if HEMAP can help, yon 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 Housin~ Finance Agencv toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, rel~resentatives at the Consumer Credit Counseling A~encv 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 AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MITCHELL S GELBAUGH ELISABETH E GALEBAUGH 40 SHERATON DR CARLISLE PA 17013 LOAN ACCT. NO.: 0176530906 CURRENT LENDER/SERVICER: Sovereign Bank ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: November 4, 2003 ELISABETH E GELBAUGH 40 SHERATON DR CARLISLE PA 17013 Loan # 0176530906 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 Counselino 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 can 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 AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIV1ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H1POTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MITCHELL S GELBAUGH ELISABETH E GALEBAUGH 40 SHERATON DR CARLISLE PA 17013 LOAN ACCT. NO.: 0176530906 CURRENT LENDER/SERVICER: Sovereign Bank ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: November 4, 2003 ELISABETH E GELBAUGH 327 W RIDGE ST CARLISLE PA 17013 Loan # 0176530906 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 (HEMAl') may be able to help to save your home. This Notice explains how the program works. To see if I-IEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY YVITHIN 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 vou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can 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 AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MITCHELL S GELBAUGH ELISABETH E GALEBAUGH 40 SHERATON DR CARLISLE PA 17013 LOAN ACCT. NO.: 0176530906 CURRENT LENDER/SERVICER: Sovereign Bank ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: November 4, 2003 MITCHELL S GELBAUGH 327 W RIDGE ST CARLISLE PA 17013 Loan # 0176530906 This is an official notice that the mortltage 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) mav be able to helo to save your home. This Notice exolains how the orogram 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 Counselin~ Agencies servine your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housin~ Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling A£encv 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 AD JUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MITCHELL S GELBAUGH ELISABETH E GALEBAUGH 40 SHERATON DR CARLISLE PA 17013 LOAN ACCT. NO.: 0176530906 CURRENT LENDER/SERVICER: Sovereign Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH 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 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. 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} DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR ~MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit coanseling 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 desianated consumer credit counselina agencies for the countv in which the property is Iocated are set for_th at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatel_Y 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 anable to resolve this problem with the lender, you have the right to apply for financial assistance fi'om 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 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. 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 Pelmsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of/ts 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 can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date). NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your property located at 40 SHERATON DR, CARLISLE PA 17013, IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE THE MONTHLY PAYMENTS of $1215.50 since 09/01/03 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $3744.76. The total amount includes late charges and any other charges that have accrued to this date. If you disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact: SOVEREIGN BANK MORTGAGE COLLECTIONS DEPARTMENT PO BOX 8627 READING PA 19603 1-800-753-7366 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 $3744.76, PLUS 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 to Sovereign Bank and sent to the above address. 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 mortl~a~,e 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 ul~on your mort~laged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay ail 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 delhult within the THIRTY (30) DAY period, you will not be required to oar attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally lbr the unpaid principal balance and all other sums due under the mortgage. 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 still have the right to cure the default anted revent the sale at any time up to one hoar before the Sheriff's Sale. You may do so bv pavin~ the total amount t~hen past due, plus any late or other chartres then due, reasonable attorney's tees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and 1/erformin~ 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 had never defaulted. 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 (6) 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: Address: Phone Number: Fax Number: Contact Person: SOVEREIGN BANK PO BOX 8627, READING PA 19603 1-800-753-7366 1-800-881-9334 Constance M. Cocroft, Vice President EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 have the right to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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 THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN TItREE 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 (SEE ENCLOSURE) You may contact our Mortgage Services Department via E-mail at: _MORTSERVCt)S OVEREIGNBANK.COM This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that purpose. GOLDBECK McCAFFERTY & McKEEVER ~ .Toseph A. Goldbeck, Jr. Attorney I.D. #16132 11! S. Independence Mall East Philadelphia, PA 19106 2!5-627-1322 Attorney for Plaintiff SOVERE[GN BANK 60! Penn Street Reading, PA 19601 VS. Plaintiff EL[SABETH E. GELBAUGH MITCHELL $. GELBAUGH (Hortgagor(s) and Record owner(s)) ~0 Sheraton Drive Carlisle, PA i[70!3 IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-6536 CIVIL TERN ~RAECZPE TO SETTLEr DISCONTINUE AND ~,, TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE SHERIFF'S RETURN - CASE NO: 2003-06536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS GELBAUGH ELIZABETH E ET AL REGULAR VALERIE WEARY , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT PORE GELBAUGH ELISABETH E DEFENDANT at 1109:00 HOURS, at 40 SHERATON DRIVE CARLISLE, PA 17013 KRISTIN BROUGH, DAUGHTER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 29th day of December by handing to together with - MORT FORE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /~ day of / /Prothonotary So Answers: R. Thomas Kline 01/12/200A GOLDBECK MCCAFFERT¥ ~CKEEVER By: ~'//D~'~ e /Jh-'~l~'~ut - SHERIFF'S CASE NO: 2003-06536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS GELBAUGH ELIZABETH E ET AL RETURN - REGULAR RONALD HOOVER Cumberland County, Pennsylvania, who being says, the within COMPLAINT - MORT FORE GELBAUGH MITCHELL S DEFENDANT , at 2126:00 HOURS, at 327 W RIDGE STREET CARLISLE, PA 17013 MITCHELL S GELBAUGH a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of duly sworn according to law, was served upon the on the 9th day of January 2004 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers Docketing 6 Service 3 Affidavit Surcharge 10 19 00 45 00 00 00 45 Sworn and Subscribed to before me this /~ ~ day of ~f~ ~ A.D. ot~onotary ' R. Thomas Kline 01/12/2004 GOLDBECK MCCAFFERTY MCKEEVER Deputy SHeriff