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HomeMy WebLinkAbout04-0203MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC 1705 Viceroy Drive Dallas, TX 75235 Plaintiff Vs. Jeffrey T. Barry 631 Lowther Street Lemoyne, PA 17043 Michelle L. Hass a/k/a Michelle L. Barry 631 Louther Street Lemoyne, PA 17043 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: : : CIVIL ACTION : MORTGAGE 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 this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC 1705 Viceroy Drive Dallas, TX 75235 Plaintiff Vso Jeffrey T. Barry 631 Lowther Street Lemoyne, PA 17043 Micheile L. Hass a/k/a Michelle L. Barry 631 Louther Street Lemoyne, PA 17043 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : : No.: : : CIVIL ACTION : MORTGAGE FORECLOSURE : : COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Centex Home Equity Company, LLC, is a mortgage company, having an office and place of business at 1705 Viceroy Drive, Dallas, TX 75235. 2. Defendants, Jeffrey T. Barry and Michelle L. Hass a/k/a Michelle L. Barry, are the real owners of the premises hereinafter described. 3. Jeffrey T. Barry, Defendant, resides at 631 Lowther Street, Lemoyne, PA 17043 and Michelle L. Hass a/k/a Michelle L. Barry, Defendant, resides at 631 Louther Street, Lemoyne, PA 17043. 4. On March 26, 2003, Defendants, Jeffrey T. Barry and Michelle L. Hass a/k/a Michelle L. Barry, executed and delivered to Centex Home Equity Company, LLC a note (the "Note") and mortgage (the "Mortgage"). The Mortgage was recorded on March 28, 2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1802, Page 3883. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 5. The said Note and Mortgage were in the principal amount of $78,200.00, with interest thereon at 10.25% per annum, payable as to the principal and interest in equal monthly installments of $700.76 commencing May 1, 2003. 6. The Mortgage covers the following real estate (the "Mortgaged Premises"): 631 Louther Street, Lemoyne, PA 17043. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The mortgage is in default because payments of principal and interest due September 1, 2003, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $78,067.11 Accrued but Unpaid Interest from 8/1/03 through 1/12/04 ~ 10.25% per annum ($21.92 per diem) Acrrued Late Charges Title Search Fees $ 3,616.80 $ 210.24 $ 250.00 Reasonable Attorney's Fees $ 1250.00 TOTAL as of January 12, 2004 $ 83,394.15 Plus, the following amounts accrued after January 12, 2004: Interest at the Rate of 10.25% per annum ($21.92 per diem); Late Charges of $35.04 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.§1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 631 Lowther Street, Lemoyne, PA 17043 on November 14, 2003, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the mortgaged premises in the amount due as set forth in paragraph 8, namely, $83,394.15, plus the following amounts accruing after January 12, 2004, to the date of judgment: (a) interest of $21.92 per day; late charges of $35.04 per month; plus interest at the legal rate allowed on judgments after the date of judgment, additional attorney's fees (if any) hereafter incurred, and costs of suit. MILSTEAD & ASSOCIATES, LLC Attorney for Plaintiff v VERIFICATION I, Corina M. Caniz, hereby certify that I am an Attorney for Plaintiffand am authorized to make this verification on PlaintifFs behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are tree and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. N e: Corina~.Can~ Title: Attomey 631 LOUTHER STRB~T L~4~OYN~, PA 17043 C~ERLA~D County ALL THAT CE~?AIN lot or pieam of ground with the building~ and C~NTEX HOME EQUITY November 14, 2003 7104 5400 2100 0910 4196 *0002550947* Jeffrey T. Barry 631 Lowth~r S~'eet Lemoyne, PA 17043 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 &the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency 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, 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 agancv. The name, address, and rhone 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 Housina Finance A~encv toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal infomaation. 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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no compmnde el contanido de esta notificion obtenga una traduecion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes set elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del demcho a mdimir su hipoteca. HOMEOWNER'S PROPERTY LOAN ACCOUNT CURRENT Jeffrey T. Barry 631 Lowther Sheet Lemoyne, PA 17043 245105524 Centex Home Equity Company 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 provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by cixcumstances beyond your contxol, 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. Page two 245105524 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your moi'tgage 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 designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thiiw (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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the count,/in which your Crol>ertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this 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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed 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 Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional 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 Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TIlE 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 up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Lowther Street Lemoyne, PA 17043 IS SERIOUSLY IN DEFAULT because: 631 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 09/01/2003: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 11/14/2003: $2,102.28 $140.16 $.00 $.00 $2,242,44 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,242.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DLrRING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Centex Home Equity Company at 1750 VICEROY, DALLAS, TX 75235. Page tba'ee 245105524 1F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mort~,a~e debt. This means that the entire outstanding balance of this debt will be considered due i mediately, a nd you m ay 1 ose t he chance t o p ay t he mortgage i n montb, ly installments. I f full payment of the amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged ~Jro~erty. 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 they begin legal proceedings agau~st you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50,00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be reauired to mY attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for 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 and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees 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 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 had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) 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 f'md out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER Centex Home Equity Company 1750 Viceroy Dr., Dallas, TX 75235 1-888-850-9398 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownership of the mortgaged properly and your right to occupy it. If you continue to live in the property aRer the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' 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 borrower money from another lending institution to pay offthis 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. (However, you are not entitled to this right more than three times in a 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. Page four 245105524 Centex Home Equity Company is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to yon, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that THIRTY (30) day period, we will assume that it is valid. Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 1750 Viceroy Dr., Dallas, TX 75235 1-888-850-9398 CENTEX HOME EI~IUITY November 14, 2003 *0002550950* Michalle L. Barry 631 Lowth. er Street Lemoyne, PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is ia default, and the lender intends to foreclose. Specific information about the nature of the default is provided ia the at~ached pages. LMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency 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. 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 aeancv. The name, address, and nhone number of Consumer Credit Counselin~ Agencies servin~ Your county are listed at the end of this Notice. If you have any aunstions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 71%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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamunte llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes set elegible para un prestamo pot el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S PROPERTY LOAN ACCOUNT CURRENT Michelle L. Barry 631 Lowther Street Lemoyne, PA 17043 245105524 Centex Home Equity Company You may be eligible for financial assistance which can save your home fi.om foreclosure and hel~ you make future mortgage payments if you comply with the provision of the Homeowners' 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, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other eligibility reqfftrements established by the Pennsylvania Housing Finance Agency. Page two 245105524 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the 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 designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next th/rtv (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE LIP 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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this 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 f'mancial assistance fi.om the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed application to the Peunsylvania 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. 1F 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 you application. During that additional 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 Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION 1N 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 up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Lowther Street Lemoyne, PA 17043 IS SERIOUSLY IN DEFAULT because: 631 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 09/01/2003: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 11/14/2003: $2,102.28 $140.16 $.00 $.00 $2,242.44 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,242.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other 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 Centex Home Equity Company at 1750 VICEROY, DALLAS, TX 75235. Page three 245105524 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its rimht to accelerate the mortgage debt. Tins means that the entire outstanding balance of this debt will be considered due immediately, a nd you m ay 1 ose t he chance t o p ay t he mortgage in monthly installments. I f fiall payment of the amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00~ However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, winch may also include their reasonable costs, If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for 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 with/n 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 Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees 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 by performing any other requirements under the mortgage. Curing your default in the mamaer 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 sheriff's sale could be held is would be approximately five (5) 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 t/me exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER Centex Home Equity Company 1750 Viceroy Dr., Dallas, TX 75235 1-888-850-9398 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownersinp of the mortgaged property and your right to occupy it. If you continue to live in the property afier the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' 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 borrower money from another lending institution to pay off tins 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. (However, you are not entitled to this right more than three times in a 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. Page four 245105524 Centex Home Equity Company is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that THIRTY (30) day period, we will assume that it is valid. Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 1750 Viceroy Dr., Dallas, TX 75235 1-888-850-9398 .-~--~ SHERIFF'S RETURN CASE NO: 2004-00203 P COMMONWEALTH OP PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY VS BARRY JEFFREY T ET AL REGULAR RON KERR Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BARRY JEFFREY T DEFENDANT at 2035:00 HOURS, at 631 LOWTHER STREET LEMOYNE, PA 17043 JEFFREY BARRY 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 20th day of January , by handing to together with MORT FORE 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this 2~.~ day of ~honotary ~ ~u~ So Answers: R. Thomas ~line 01/21/2004 MILSTEAD & ASSOC By: ~' Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2004-00203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY VS BARRY JEFFREY T ET AL REGULAR RON KERR Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon HASS MICHELLE L AKA MICHELLE L BARRY the DEFENDANT at 2035:00 HOURS, on the 20th day of January a% 631 LOWTHER STREET LEMOYNE, PA 17043 by handing to JEFFREY BARRY, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, together with 2004 and at the came time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 AffidavitService .00' 00 Surcharge 10o00 R. Thomas Kline 16.00 01/21/2004 MILSTEAD & ASSOC me this 22,~ day of Deputy Sheriff ~¢ A.D. ~ Prothonotary -- MILSTEAD & ASSOCIATES, LLC By: Corina M. Cormors, Esquire Attorney ID# 83509 Woodland Fails Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC Plaintiff VS. Jeffrey T. Barry Michelle L. Hass a/k/a Michelle L. Barry Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY : No.: 04-203 CIVIL TERM : PRAECIPE TO DIMISS THE : MORTGAGE FORELCOSIJRE ACTION : WITHOUT PREJUDICE. TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. Conna M Connors, Esqm Attorney ID No. 83509