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HomeMy WebLinkAbout09-1561MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 #24211-DD CFC Attorney for Plaintiff PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY ASSET TRUST 2006-7 HOME EQUITY PASS THROUGH CERTIFICATES, SERIES 2006-7 3815 South West Temple Salt Lake City, Utah 84165 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Case No: Oq - ?5(0? CiVi? Term Plaintiff VS. SHANNON E. WEAVER AND BARBARA E. WEAVER 612 Southview Drive Mechanicsburg, PA 17055 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NnTIrT ADVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION -SOBRE AGENCIES QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. CUMBERLAND COUN"I'Y BAK A5NUC1A 11UN 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -- 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANYT PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REUQEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECFEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCYAND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, : COURT OF COMMON PLEAS AS TRUSTEE, ON BEHALF OF THE : CUMBERLAND COUNTY HOLDERS OF THE HOME EQUITY ASSET TRUST 2006-7 HOME EQUITY PASS THROUGH CERTIFICATES, n SERIES 2006-7 Case No: 09- ISL I C?Gtj 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff VS. SHANNON E. WEAVER AND BARBARA E. WEAVER 612 Southview Drive Mechanicsburg, PA 17055 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2006-7 Home Equity Pass Through Certificates, Series 2006-7, a bank organized and existing under state law, with offices for the conduct of business at 3815 South West Temple, Salt Lake City, Utah 84165. 2. Defendants, Shannon E. Weaver and Barbara E. Weaver are the mortgagors and real owners of premises 612 Southview Drive, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. ' 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Mortgage Electronic Registration Systems, Inc. as Nominee for Encore Credit Corporation on June 9, 2006, which mortgage was recorded on June 28, 2006 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1956, Page 2969 secured on premises 612 Southview Drive, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff, U.S. Bank National Association, as Trustee, on Behalf of the Holders of the Home Equity Asset Trust 2006-7 Home Equity Pass Through Certificates, Series 2006-7 by written assignment dated February 26, 2009; a true and correct description of which is attached hereto as Exhibit II. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from October, 2008 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $98,114.09 Interest from 9/1/2008 to 3/9/2009 At $23.18 per diem $ 4,404.20 Accrued late charges $ 148.84 Corporate Advances $ 70.50 Attorney's fee $ 4,905.70 Title Information Certificate $ 515.00 Suspense $ (281.08) TOTAL $107,877.25 9. 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 Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit III). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $107,877.25, plus per diem interest at $23.18 from March 10, 2009 to the date of judgment plus costs thereon. / Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024( c ) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, known as Lot No. IA of a Plan of South View dated August 30, 1978, and revised October 24, 1978, by Gerald W. Evans, P.E., which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 34, Page 40, and which tract is bounded and described as follows: BEGINNING at a point located 470.30 feet at a bearing of South 13° 36' 00" West from the intersection of the center line of Fisher Road with the Northwestern corner of land now or formerly of Donald E. Harbold and Patricia A. Harbold; thence South 13° 36' 00" West 125.42 feet to an iron pin; thence along lands known as Lot No. 10 of the aforesaid Plan South 59° 30' 00" East 181.57 feet to a point; thence along the Western right-of-way of South View Drive North 30° 30' 00" East 10 feet to a point; thence along the same on a curve to the right having a radius of 50 feet and an arc of 78.54 fete to a point; thence along the same and on a curve to the left having a radius of 11 feet and an arc of 17.28 feet to a point; thence along the same North 30° 30' 00" East 49.00 feet to a point at the division line between Lot No. 1 and Lot No. IA; thence along the said Lot No. 1 North 59° 30' 00" West 279.03 feet to a point, the place of beginning. TAX PARCEL NUMBER: 42-28-2417-001B Prepared By: RICHMOND MONROE GROUP Jenny Johnson, 15511 HIGHWAY 13 BRANSON WEST, MO 65737 417-739-9412 When Recorded Return To: BILL KOCH SELECT PORTFOLIO SERVICING, INC 3815 SW TEMPLE SALT LAKE CITY, UT 84115 Assessor's/Tax ID No. 42-28-2417-0013 1521111100111 CORPORATE ASSIGNMENT OF MORTGAGE _ Cumberland, Pennsylvania SELLER'S SERVICING M 0009884552 "WEAVER" INVESTOR #: MERS M 100180100003482609 Date of Assignment: February 26th, 2009 Assignor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ENCORE CREDIT CORP., A CALIFORNIA CORPORATION at 3815 SW TEMPLE, SALT LAKE CITY, UT 84115 Assignee: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HOME EQUITY ASSET TRUST 2006-7 HOME EQUITY PASS THROUGH CERTIFICATES, SERIES 2006-7 at 3815 SW TEMPLE, SALT LAKE CITY, UT 84115 Executed By: SHANNON E. WEAVER AND BARBARA E. WEAVER, HUSBAND AND WIFE To: MERS AS NOMINEE FOR ENCORE CREDIT CORP. A CALIFORNIA CORPORATION Date of Mortgage: 06/09/2006 Recorded: 06/2812006 in Book/Reel/Liber: 1956 Page/Folio: 2969 In Cumberland, Pennsylvania I do certify that the precise address of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ENCORE CREDIT CORP., A CALIFORNIA CORPORATION is 3815 SW TEMPLE, SALT LAKE CITY, UT 84115 Attested By: Assessor's/Tax ID No. 42-28-2417-0013 Property Address: 612 SOUTHVIEW DRIVE, MECHANICSBURG, PA 17055 in the Township of UPPER ALLEN KNOW ALL MEN BY THESE PRESENTS that in consideration of the sum of TEN and NO/100ths DOLLARS and other good and valuable consideration, paid to the above named Assignor, the receipt and sufficiency of which is hereby acknowledged, said Assignor hereby assigns unto the above-named Assignee, the said Mortgage together with the Note or Notes or other evidence of indebtedness (the "Note"), said note having an original principal sum of $100,000.00 with interest, secured thereby, together with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants and conveys unto the said assignee, the assignor's beneficial interest under the Security Instrument. 'JJJ'JJJAMRC'02l2612009 03:26A6 PM" AMRMAMRC000000000000OW3458W PACUMBE' 0009884552 PASTATE-MORT ASSIGN_ASSN'JJJ'JJJAMRC' ?aa,?i hr f.? CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 TO HAVE AND TO HOLD the said Security Instrument and Note, and also the said property unto the said assignee forever, subject to the terms contained in said Security Instrument and Note. Furthermore, I do certify that the precise address of the within named Assignee is 3815 SW TEMPLE, SALT LAKE CITY, UT 84115. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ENCORE CREDIT CORP., A CALIFORNIA CORPORATION On r?nn ?g1 FIAfi/ "'mss a ; OQ G??' Bill Koch, Assistant Secretary ct -0 lo- V C, STATE OF Utah ?'^^•'••.?- ••' COUNTY OF Salt Lake 1801001 _.?'. before me, SHIRLEY TUITUPOU, a Notary'- Public in and for Salt Lake in the State of Utah, person I 8?peared Bill Koch, Assistant Secretary of Mortgage Electronic Registration Systems, Inc., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, SHIRLEY TUITUPOU ? Nafory Public Mal* of U1oh VISR?LEY TUITUPOU ,• MY Commission Expires on: Nota Ex ires: 11/1212012 #576792 s November 12, 2012 rY p ?• ? COMM. Number: 576742 Jhis area for notarial seal) JJJ'JJJAMRC'02l202009 03:26:17 PM- AMRCMAMRC PACUMBE• 0009804552 PASTATE_MORT_ASSIGN_ASSN'JJJ'JJJAMRC' SHANNON E WEAVER 612 SVIEW DR MECHANICSBURG, PA 17055 ACT 97 NOTICE 12/30/2008 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. To see N 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 Counselina Agency. The name, address and phone number of Consumer Credit Counselina Agencies seryina your County are listed at the end of this Notice. N you have any questions. you may call the Pennsylvania Housina Finance Aaency toll-free at (800).342.2397. Persons with impaired hearina can call (7171780-1869. 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 ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE 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 PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA Homeowners Name: Property Address: Loan Acct. No.: Original Lender: Current Lender / Servicer: LR064 SHANNON E WEAVER, 612 SVIEW DR MECHANICSBURG, PA 17055 0009884552 Select Portfolio Servicing, Inc. 2214149931 Page 1 of 6 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" meetina with one of the consumer credit counseling agencies listed at the end of this Notice. THIS schedule one face-to-face meeting. Advise your lender immediately of your 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 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 Pennsylvania 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 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) LRO64 2214149931 Page 2 of 6 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 telephone numbers of designated consumer credit counseling nnencies for the county in which the DroDertv is located are set forth at the end of this Notice. It is only necessary to HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date) NATURE OF THE DEFAULT: The mortgage debt held by the above lender on your property located at: 612 SVIEW DR MECHANICSBURG, PA 17055 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: Payment of $793.34 per month due from 10/01/2008 through 12/01/2008 payment (a total of 3 months): (Mortgage payment includes Escrow Payment of $0.00 per month): $2,380.02 Accrued Late Charges: $148.84 Non-SufficientFunds (NSF) / Return Check Fees $0.00 Escrow Advances for Hazard Insurance, Real Estate Taxes and/or Municipal Liens: $0.00 Other Advances (Property Preservation) $0.00 Funds On Account: $281.08 Total Amount Due: $2,247.78 Funds on Account typically represent a partial payment of principal and interest received that cannot be applied to the loan. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 $2,247.78, 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 and sent to: Select Portfolio Servicing, Inc. PO BOX 65450 Salt Lake City, UT 84165.0450 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF 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 all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. I'M LRO64 2214149931 Page 3 of 6 OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. gIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have,the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forth in this notice will restore your mortgage to 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 Sheriffs 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 Sheriffs 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: Select Portfolio Servicing, Inc. P.O. Box 65250 Salt Lake City, UT 84165-0250 (800) 635-9698 (801) 293-2600 Desiree Phillip 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - Under the terms of your mortgage and note, it may be possible 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 find out at any time if your loan is assumable by contacting your lender as provided herein. 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. • HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. LRO64 2214149931 Page 4 of 6 If you wish to dispute your delinquency, you may do so by providing a written dispute to SPS at the following address: Select Portfolio Servicing, Inc. Attention: Consumer Advocacy Department P.O. Box 551170 Jacksonville, FL. 32255 You also have the right to bring a court action if you claim that the loan is not in default or if you believe that you have any other defense to the acceleration and sale, including the failure to send proper notices of the acceleration and foreclosure sale. We are also required by law to inform you that if you notify us that you do not wish us to contact you by telephone at your place of employment, then no such contact by telephone will be made. If you are represented by an attorney, SPS will work with your attorney. We will also work with housing counselors, consumer debt counselors and other representatives with your written authorization. If you are represented by an attorney, this letter is being mailed to you to forward to your attorney. We will release information to your attorney without further authorization. If you wish to have information regarding you account provided to individuals or groups other than your attorney, your signed written authorization (including your social security number) is required. If foreclosure is initiated, additional amounts for attorney fees and costs may be incurred. These sums can be significant and will be added to amounts due. This may reduce your equity, if any, in the property. SPS provides consumer assistance programs designed to help resolve delinquencies and avoid foreclosures. These services are provided without cost to our customers. You may also be eligible for a loan workout plan or other similar solution. If you would like to learn more about these programs, you may contact a SPS representative at (888) 818-6032 during the following hours: Monday through Thursday, 9 a.m. to 10 p.m. Friday, 9 a.m. to 7 p.m. Saturday, 9 a.m. to 1 p.m. Eastern Time Sincerely, Select Portfolio Servicing, Inc. This is an attempt to collect a debt. Any information obtained will be used for that purpose. ,W-1I LR064 2214149931 Page 5 of 6 APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg , PA 17325 717.334.1518 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 LR064 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 2214149931 Page 6 of 6 ...., ?.k .?? 12/30/2008 BARBARA WEAVER 612 SVIEW DR MECHANICSBURG, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortuage 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 panes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the prouram 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 most with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Auencv toll free at (8001342-2397. Persons with impaired hearing can call (7171780.1869. 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 ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE 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 PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA Homeowners Name: Property Address: Loan Acct. No.: Original Lender: Current Lender / Servicer: LR084 BARBARA WEAVER, 612 SVIEW DR MECHANICSBURG, PA 17055 0009884552 Select Portfolio Servicing, Inc. 2214149887 Page 1 of 6 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 counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance 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 Pennsylvania 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 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) LRO64 2214149887 Page 2 of 6 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: 612 SVIEW DR MECHANICSBURG, PA 17055 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: Payment of $793.34 per month due from 10/01 /2008 through 12/01/2008 payment (a total of 3 months): (Mortgage payment includes Escrow Payment of $0.00 per month): $2,380.02 Accrued Late Charges: $148.84 Non-SufficientFunds (NSF) / Return Check Fees $0.00 Escrow Advances for Hazard Insurance, Real Estate Taxes and/or Municipal Liens: $0.00 Other Advances (Property Preservation) $0.00 Funds On Account: ** 281.08 Total Amount Due: $2,247.78 ** Funds on Account typically represent a partial payment of principal and interest received that cannot be applied to the loan. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 $2,247.78, 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 and sent to: Select Portfolio Servicing, Inc. PO BOX 65450 Salt Lake City, UT 84165.0450 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF 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 all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. ?a " LRQ64 2214149887 Page 3 of 6 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 or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to 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 Sheriffs 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 Sheriffs 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: Select Portfolio Servicing, Inc. P.O. Box 65250 Salt Lake City, UT 84165-0250 (800) 635-9698 (801) 293-2600 Desiree Phillip 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - Under the terms of your mortgage and note, it may be possible 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 find out at any time if your loan is assumable by contacting your lender as provided herein. 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. • HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ¦ ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. LR064 2214149887 Page 4 of 6 If you wish to dispute your delinquency, you may do so by providing a written dispute to SPS at the following address: Select Portfolio Servicing, Inc. Attention: Consumer Advocacy Department P.O. Box 551170 Jacksonville, FL. 32255 You also have the right to bring a court action if you claim that the loan is not in default or if you believe that you have any other defense to the acceleration and sale, including the failure to send proper notices of the acceleration and foreclosure sale. We are also required by law to inform you that if you notify us that you do not wish us to contact you by telephone at your place of employment, then no such contact by telephone will be made. If you are represented by an attorney, SPS will work with your attorney. We will also work with housing counselors, consumer debt counselors and other representatives with your written authorization. If you are represented by an attorney, this letter is being mailed to you to forward to your attorney. We will release information to your attorney without further authorization. If you wish to have information regarding you account provided to individuals or groups other than your attorney, your signed written authorization (including your social security number) is required. If foreclosure is initiated, additional amounts for attorney fees and costs may be incurred. These sums can be significant and will be added to amounts due. This may reduce your equity, if any, in the property. SPS provides consumer assistance programs designed to help resolve delinquencies and avoid foreclosures. These services are provided without cost to our customers. You may also be eligible for a loan workout plan or other similar solution. If you would like to learn more about these programs, you may contact a SPS representative at (888) 818-6032 during the following hours: Monday through Thursday, 9 a.m. to 10 p.m. Friday, 9 a.m. to 7 p.m. Saturday, 9 a.m. to 1 p.m. Eastern Time Sincerely, Select Portfolio Servicing, Inc. This is an attempt to collect a debt. Any information obtained will be used for that purpose. LR064 2214149887 Page 5 of 6 APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg , PA 17325 717.334.1518 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 LR064 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 2214149887 Page 6 of 6 -?2 CXl ? Sheriffs Office of Cumberland County R Thomas Kline y$%V of cumber fid Edward L Schorpp Sheriff (A A 1 Solicitor Ronny R Anderson -' - tk-4? Jody S Smith Chief Deputy OFf= OF r"E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 08:25 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0825 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard Kanneg, by making known unto himself, defendant at 203 North Baltimore Avenue Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/14/2009 08:25 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0825 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Betty Kanneg, by making known unto Richard Kanneg, adult in charge, defendant at 20; North Baltimore Avenue Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $65.82 (PAID) March 16, 2009 2009-1561 U.S. Bank National Association VS Shannon E. & Barbara E. Weaver SO ANSWERS, R THOMAS KLINE, SHERIFF B Deputy Sheriff C'3 C ^? Cl rn mX t i ' 0 Sheriffs Office of Cumberland County R Thomas Kline a%,IV """"'art " Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF?C ? ,"E S-MFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 08:25 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0825 hours, he served a true copy of the within Complaint in Mortgatge Foreclosure, upon the within named defendant, to wit: Shannon E. Weaver, by making known unto Barbara Weaver, adult in charge at 612 Southview Drive Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her the said true and correct copy of the same. 03/14/2009 08:25 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0825 hours, he served a true copy of the within Complaint in Mortgatge Foreclosure, upon the within named defendant, to wit: Barbara E. Weaver, by making known unto her personally, 612 Southview Drive Mechanicsburg, Cumberland County, Pennsylvania its contents and at the sarhe time handing to hei personally the said true and correct copy of the same. SHERIFF COST: $53.90 SO ANSWERS, March 16, 2009 R THOMAS KLINE, SHERIFF Apputyy 'r i f f Docket No. 2009-1561 U.S. Bank Nation Assoc. v Shannon Weaver & Barbara Weaver C) na C- . C.?) i..`3