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Home My WebLink About04-1835 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 ATTORNEY FOR PLAINTIFF Citifinancial, Inc. 7467 New Ridge Rd., Suite 222 Hanover, MD 21076 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DIVISION . . Cumberland County v. Elfriede Music 1904 George Avenue Carlisle, PA 17013 Defendant(s) : NO. O'l -. IP.3.5 C.;ull ~~ 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 defene:es 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 },T 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 P'EE 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 lEecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 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 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMEltrrE, SI NO TIENE ABOGADO o SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 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 ofthis Notice and the attached document that the validity ofthe 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 statl~d 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 Notit:e 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. Isl Mark J. Udren, Esquire Woodcrest Corporate Clmter 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3ti20 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 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 Pla.intiff 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: 1904 George Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: North Middleton Township COUNTY: Cumberland DATE EXECUTED: 09/07/01 DATE RECORDED: 09/12/01 BOOK: 1733 PAGE:: 692 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. S. After demand, the 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 04/09/04: Principal of debt due Unpaid Interest at 10.0% from 10/12/03 to 04/09/04 (the per diem interest accruing on this debt is $10.76 and that sum should be added each day after 04/09/04) $39,263.S0 1,08S.90 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Late Charges (monthly late charge of $00.00 should be added in accordance with the terms of the note each month after 04/09/04) Title/Appraisal Attorneys Fees (anticipated and actual to S% of principal) TOTAL 2S0.00 280.00 00.00 22S.00 1. 963 .18 $43,067.S8 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 $43,067.S8 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. Udr n UDREN LAW OFF CES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL that certaintract ot land situate in North Midcneton Township, Cumberland Cowrty, pennsylvania bounded and described In accordance with Pl"" of Subdivision tor Edlu Corporation dated April 25, 1974 and recorded June 12, 1974 in the hereine.tter named Recorder's Ottice in Plan Book :ZS, Page 43, as follows: BEGINNING at an iron pin on the northern line of FU'ty (50l teet wj.d.. George Avenue at the dividing Une between land now or form.er1y of Marthe. N. Campbell and Lot No.1, whlch iron pin at the place of beginning Ie One Hundred Ileventy- five (175) feet North of the northern line or FU'ty (50) feet wide Airport Drive; thence !rom said iron pin e.t the Place of Beglnnilli along the 110rthern line of said'land now or formerly oE Martha N. Campbell. North 83 de,rees 15 minutes West.. distance of One Hundred Fifty-five (155) feet to an iron pin in line oflud. now or formerly ot Vinlll S. Bowers; thence along said line of land now I)r formerly ot Vinal S. Bowers, North 06 dei!'ees 45 minutes :east a distance of :eighty-live (85) teet to a point at the dividing line between Lots Nos. 1 and 2 U shown 01) said Subdivision Plan: thence Illong said dividing line between said Lots Nos. 1 aIld 2, South 83 delrees 15 minutes :east a distance at One Hundred Fifty-five (155) teet to a point on the western line of FIEty-(SO) feet wide George Avenue: thel3ce alan, said western Une at Fifty (50) teet wide George Avenue, South OS degreE~s 45 minutes West a distance of Eighty-five (85) feet to an iron pin at the Place at BEGiNNING. CONTAINING Thirteen Thousand One Hundred Seventy-five (13,17S) square feet and being all of Lot No. 1 as shown on said Subdiv15ion Plan or Edlu Co!'poratlon recorded in Plan Book 25. paae 43, on which there Is erected a one~l1:ory brick cnsad ranch type dwelling house With att..ched one-car ,rarage known as and numbered George Avenue. 20.0051-0214679 REPRESENTATION OF PRINTED DOCUMENT 7107 8381 6540 0500 9552 72648 000019 ELFRIEOE H MUSIC 1904 GEORGE AVE CARLISLE PA 17013 RE: CitiPinancial Loan#: Property Address: 20.()()51-O214679 1904 GEORGE AVE CARLISLE PA 17013 ACT 91 NOTICE DATE OF NOTICE: December 14,2003 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. SDecific information about the nature of the default is Drovided in the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helD to save your home. This Notice exolains how the ormrram works. To see if HEMAP can help, you must MEET WITH A CONSlTIMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when vou meet with the Counselimr A!!encv. The name. address and ohone number of Consumer Credit Counselim! Allencies servin!! your CounlY are listed at the end of this Notice. If YOU have any auestions, 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 any attorney in your area. Tbe 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 continuar viviendo en su casa. Si no comprende eI contenido de esta notification obtenga una traduccion immediatamente Hamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa Hamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: CITIFINANCIAL, INC. PO BOX 649 HANOVER MIl 21076 EXI-IIBITJr:.. INTERNET REPRINT ""00 20.0051-0214679 REPRESENTATION OF PRINTED DOCUMENT Date: December 14, 2003 Homeowners Name: ELFRIEDE H MUSIC Property Address: 1904 GEORGE AVE CARLISLE PA 17013 Loan Account No.: 20-0051-0214679 LenderlServicer: CITIFINANCIAL, INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WlDCH 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 MAYBE 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 STAYOFFORECLOSURE- 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 designated consumer credit counseling agencies listed at the end of this Notice. TIllS 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 TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCmS - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lend,,, may NOT take action against you for thirty (30) days after the date of this meeting. The names. address,es and teleohone numbers of designated consumer credit counselinl! al!encies for the county in which the DTooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-te-face meeting. Advise your lender immediatelv 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 Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assisilance 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 INTERNET REPRINT ""01 20.0051-0214679 REPRESENTATION OF PRINTED DOCUMENT complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMITLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACfION - 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 re:ceives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, TIlE FOLLOWING PART OF TIllS NOTICE IS FOR JINFORMATlON PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATIEMPT TO COLLECT TIlE 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 Ilender on your property located at: 1904 GEORGE AVE, CARLISLE P A 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (8) Monthly payments (including late charges) from 10/12/03 through present. (b) Other charges; Escrow, Inspections, NSF Check (c) TOTAL AMOUNT OF (a) and (b) REQillRED AS OF TIllS DATE $1760.15 HOW TO CURE THE DEFAULT - You may cure the default withinTIDRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $1760.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TlflRTY (30) DAY PERIOD. Payments must be made either bv cash. c.:Lshier's check. certified check or money order made payable and send to CITIF1NANCIAL, INC.,PO BOX 649,HANOVER MD 21076 IF YOU DO NOT CURE THE DEFAULT - If you do "ot cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the mortga!Z: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 uoon VOllr mortl!al!ed orODertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged prop"rty 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 brings 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 INTERNET REPRiNT A18702 20.0051-0214679 REPRESENTATION OF PRINTED DOCUMENT 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 vou cure the default within the TIDRTY (30) DAY period. vou will not be reQuired to pav attornev'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. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the TIllRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ri~ht to cure the default and Drevent the sale at anv time uo to one hour before the Sheriff's Sale. You may do so bv Davin!! the total amount then oast due. Dlus any late or other chanzes then due. reasonable attorney's fees and costs connected with the foreclosure sale and any o1her costs connected with the Sheriff s Sale as soecified in writin~ bv the lender and bv oerformin~ anv other requirements under the mort~a~e. Curing your default in the manner set forth in this noti<ce will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSmLE 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 four (4) to six (6) months from the date of this Notice. A notice of the actual date of tlle 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 by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL, INC. Address: PO BOX 649 HANOVER MD 21076 Phone Number: 800-800.3399 Contact Person: BRANCH MANAGER 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 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 attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. INTERNET REPRINT "''''' 20.0051.0214679 REPRESENTATION OF PRINTED DOClMENT 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 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 THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSillT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTIffiR DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. If you are represented by an Attorney, please refE~r this letter to such Attorney and provide us with such Attorney's name, address and telephone number. To the extent your obligations have been discharg:ed, or are subject to an automatic stay of bankruptcy order under Title 11 of the United States Code, this notice is for compliance and informational purposes only and does not constitute a demand for payment or any attempt to collect any such obligation. INTERNET REPRINT ^",,'" 20.0051.0214679 REPRESENTATION OF PRINTED DOCUMENT PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAJ( (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAJ( 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro. PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle. PA 17013 (717) 243.3818 FAJ( (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 F AJ( (717) 334-8326 INTERNET REPRINT "m" 20.0051-0214679 REPRESENTATION OF PRINTED DOCUlMENT 7107 8381 6540 0500 9569 72848 000020 ELFRIEDE H MUSIC 1904 GEORGE AVE CARLISLE PA 17013 RE: CitiFinancial Loan#: Property Address: 20-0051-0214679 1904 GEORGE AVE CARLISLE PA 17013 ACT 91 NOTICE DATE OF NOTICE: December 14,2003 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice thaI the mortgage on vour home is in default. and the lender inIends to foreclose. Specific information about the nature of the default is orovided in the attached oages_ The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save vour home. This Notice exolains how the orOlrram works. To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agencv. The name. address and Dhone number of Consumer Credit Counselinl! Agencies serving vour County are listed at the end of this Notice. If vou have anv ouestions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with imoaired hearing can call (717) 780-1869.) This Notice contains important legal infonnation. 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 any attorney in your area. The local bar association may be able to help you fmd a lawyer. La notificacion en adjunto es de suma importancia, pues llfecta su derecho II continuar viviendo en su casa. Si no comprende el contenido de ,~sta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos aI numero mencionada arriba. Puedes ser elegilble 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. Prepared by: CITIFINANCIAL, INC. PO BOX 649 HANOVER MD 21076 INTERNET REPRINT ""00 20.0051.0214679 REPRESENTATION OF PRINTED DOCUMENT Date: December 14, 2003 Homeowners Name: Property Address: ELFRIEDE H MUSIC 1904 GEORGE AVE CARLISLE PA 17013 20-00SI.0214679 CITIF1NANCIAL, INC. Loan Account No.: LenderlServicer: HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MARE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE 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 REQUIRE,MENTS 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-ta-face" meeting with one of the designated 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 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 teleohone numbers of designated consumer credit counselin1! al!encies for the county in which the DTooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-tn-face meeting. Advise your lender immediatelv 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 Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assisumce 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 INTERNET REPRINT ,."", 20-0051.0214679 REPRESENTATION OF PRINTED DOCUMENT complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-le-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 LETI'ER. 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 rel~eives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 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 (lIrin. it up to date). NATURE OF THE DEFAULT - The Mortgage debt held by the above lender on your property located at: 1904 GEORGE AVE, CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (8) Monthly payments (including late charges) from 10/12/03 through present. (b) Other charges; Escrow, Inspections, NSF Check (c) TOTAL AMOUNT OF (aj and (bj REQUIRED AS OF THIS DATE $1760.15 HOW TO CURE THE DEFAULT - You may cure the default withinTIDRTY (30) DAYS of the dale of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $1760.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made Davable and send to CITIFINANCIAL, INC.'po BOX 649,HANOVER MD 21076 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 riehts to acceleralte the morte:ae: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 auorneys to start legal action to foreclose UDOn vour moru!a2:ed DTooertv. IF THE MORTGAGE IS FORECLOSED UPON. The mortgaged 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 brings 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 INTERNET REPRINT A18702 20.0051.0214679 REPRESENTATION OF PRINTED DOCUMENT 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 vou cure the default within the TffiRTY (30) DAY Deriod. vou will not be reQuired to DaV attornev'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. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the TIllRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and orevent the sale at anv time UD to one hour before the Sheriff's Sale. You may do so bv Davin!! the total amount then Dast due. Dlus any late or olther chare-es then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as soecified in writing bv the lender and bv Derforming anv other reouirements under the mortgage. Curing your default in the manner set forth in this notilce 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 four (4) to 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 by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL, INC. Address: PO BOX 649 HANOVER MIl 21076 Phone Number: 800-800.3399 Contact Person: BRANCH MANAGER EFFECT 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 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 attorney's fees aod costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. INTERNET REPRINT ,",,'00 20-0051-0214679 REPRESENTATION OF PRINTED DOCUMENT YOU MAY ALSO HAVE THE RIGHT: · TO SELL TIffi PROPERTY TO OBTAIN MONEY TO PAY OFF TIffi MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIffiR LENDING INSTITUTION TO PAY OFF TIllS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY TIllRD PARTY ACTING ON YOUR BEHALF. . TO HAVE TIffi MORTGAGE RESTORED TO TIlE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIffi DEFAULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN TIlREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT TIffi NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTIffiR LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTIffiR DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIffi LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. If you are represented by an Attorney, please refer this letter to such Attorney and provide us with such Attorney's name, address and telephone number. To the extent your obligations have been discharged, or are subject to an automatic stay of bankruptcy order under Title 11 of the United States Code, this notice is for compliance and informational purposes only and does not constitute a demand for payment or any attempt to collect any such obligation. INTERNET REPRINT ^""" 20.0051.0214679 REPRESENTATION OF PRINTED DOCUMENT PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 15]4 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234.2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle. PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg. P A 17325 (717) 334-1518 FAX (717) 334-8326 INTERNET REPRINT Am" V E R I F I CAT ION 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 unS~70rn falsification to authorities. Mark J. Udr SUIRE UDREN LP~ OFFICES, P.C. p ^i~ 010. ~ '" ...... ...() D ~ ~ D ~ _I ~~~ ~ ~ ~ G (") <::> "..J \.=; J:" --t <.. :J>o :r: :n ..,., i'::J -u n1 r- c':": :::0 :omS !'~ ~ i3g. ~::'" . ,. r.:, J ;po " ("5 :'~2 c>~ ~ :?: rn ',' '-', - 0 ~~,.-(< C) ~ >~ ~ ~ -<, 0 SHERIFF'S RETURN - REGULAR CASE NO: 2004-0183S P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL INC VS MUSIC ELFRIEDE RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE MUSIC ELFRIEDE the DEFENDANT , at 1412:00 HOURS, on the 29th day of April , 2004 at 1904 GEORGE AVENUE CARLISLE, PA 17013 ELFRIEDE MUSIC 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 3.4S .00 10.00 .00 31.4S Sworn and Subscribed to before me this I:! d.. day of ~ ,.z<-oj/ A.D. fJ ~. ~:A. -w1_.J... ,.",.... ~ p;'-o~notar:t --r r So Answers: :r'~~ R. Thomas Kline 04/30/2004 UDREN LAW OFFICES By: /:7./_~ L~?-- 4{./ Deputy Sheriff UDREN LAW OFFICES, P.C. 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 ATTORNEY FOR PLAINTIFF Citifinancial, Inc. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION . Cumberland County v. Elfriede Music Defendant : NO. 04-183S Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. L/1jV/,,- Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED:April S, 200S o ~~;~ ,..> '"'" ~ a' po -0 ;;0 I CO ~ q, ..... ::t:-rJ n"'f:' -tJn-~ -:_t:l~( "-~~.?\C? C::'::c\. ~:;(") ,::\rn -:;.::\ -,..". .-r;') ',=< r:-? - ~. ~, ~