HomeMy WebLinkAbout10-1605IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B., successor to
Waypoint Bank,
Plaintiff
Vs.
GEORGE A. MONTEMAYOR and ANN M.
MONTEMAYOR, Husband and Wife,
Defendants
NO. 10 - IWS Civi ( °rIM
MORTGAGE FORECLOSURE
NOTICE TO DEFEND
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 OFFERPEG4
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Q
CUMBERLAND COUNTY BAR ASSOCIATION -z7s r' a
32 S. BEDFORD STREET
CARLISLE, PA 17013 s! ° . wr
(800) 990-9108 (717) 249-3166 -t,
GROSS MCGINLEY LLP TM
rn
By:
Thomas A. Capehart, squire
Attorney for Plaintiff
r ?7 z_-rl
Attorney I. D. No. 57440 44a.00 PO
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kT#a3s(,05
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B., successor to
Waypoint Bank,
Plaintiff
VS.
GEORGE A. MONTEMAYOR and ANN M. )
MONTEMAYOR, Husband and Wife, )
Defendants )
COMPLAINT
MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff, Sovereign Bank, F.S.B., successor to Waypoint
Bank, by and through its attorneys, Gross McGinley LLP and Thomas A. Capehart,
Esquire, and avers a cause of action of which the following is a statement:
1. The Plaintiff, Sovereign Bank, successor to Waypoint Bank, Mortgagee,
is a Federal Savings Bank with its principal office located at 601 Penn Street,
Reading, Berks County, Pennsylvania 19601.
2. The Defendants, George A. Montemayor and Ann M. Montemayor are
adult individuals currently residing at 2880 Sunset Drive, Camp Hill, Cumberland
County, Pennsylvania 17011.
3. The Defendants are the owners of record of the premises known as 1008
Chippenham Road, Mechanicsburg, Hampden Township, Cumberland County,
Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and
incorporated herein (the "Premises").
4. On November 22, 2000, the Defendants executed and delivered a
Mortgage to Plaintiff upon the Premises, which Mortgage was recorded on November
28, 2000, in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania,
in Mortgage Book 1654, Page 590 et. seq. (the "Mortgage"). A true and correct copy
of the Mortgage is attached hereto, marked as Exhibit "B", and incorporated herein.
5. There have been no Assignments of the Mortgage by the Plaintiff
6. The Mortgage was given as collateral security for a loan to the
Defendants as evidenced by a Home Equity Line of Credit Agreement executed by
the Defendants on November 22, 2000, with a credit limit of Seventy-eight Thousand
Dollars ($78,000.00) (the "Note"). A true and correct copy of the Note is attached
hereto, marked as Exhibit "C", and incorporated herein.
7. The Mortgage is in default because the Defendants have failed to make
monthly payments of principal and interest due under the terms of the Note and the
Mortgage since February 7, 2009
8. Because of the aforesaid default, on or about June 11, 2009, an Act 91
Notice to take Action to Save your Home From Foreclosure was mailed to the
Defendants by certified mail, return receipt requested, wherein Plaintiff demanded
that the Defendants make a payment of $3,782.78 as required by the Mortgage in
order to cure the aforesaid default. A true and correct copy of the said Act 91 Notice
is attached hereto and marked as Exhibit "D", and incorporated herein.
9. A Notice of Availability of Home Ownership Counseling under the
Housing and Community Development Act of 1987 was mailed to the Defendants by
first class mail on June 11, 2009, pursuant to the Housing and Community
Development Act of 1987, 42 U.S.C.S. Section 5301 et seq. A true and correct copy of
the said Notice is attached hereto, marked as Exhibit "E" and incorporated herein.
10. The Defendants has failed to pay the amount demanded in the Act 91
Notice in order to cure the said default.
11. Pursuant to the Note, Plaintiff is permitted to recover reasonable
attorney's fees as part of this Mortgage Foreclosure Action. Plaintiff anticipates the
legal fees in this matter to be One Thousand Four Hundred Sixteen Dollars and Fifty
Cents ($1,416.50).
12. As a result of the default which occurred on February 7, 2009, and since
the mailing of the Notice, the following amounts are now due pursuant to the terms
of the Mortgage:
(a) Principal $54,879.21
(b) Unapplied balance (3,500.00)
(c) Interest to 03/01/10 3,621.88
(d) Late Charges 1,509.76
(e) Taxes Advanced 12,565.09
(f) Attorney's Fees 1,416.50
(g) Satisfaction Fees 50.50
(h) Misc. Fees 356.30
TOTAL $70,.899.24
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in its
favor and against the Defendants in the amount of $70,899.24, plus interest of
$10.52 per day from March 1, 2010, late fees, escrow advances, costs of foreclosure
and sale of the mortgaged property and costs of this proceeding and reasonable
attorney's fees as provided in the Mortgage.
GROSS MCGINLEY LLP
By.
- X-L /,, oc'.
Thomas A. Capehart, Esquire
Attorney for Plaintiff
I. D. No. 57440
VERIFICATION
I, CONSTANCE M. COCROFT, state that I am a Vice President of Sovereign
Bank, Plaintiff in the within action, and as such, I am authorized to make this
Verification on behalf of the said Sovereign Bank, and verify that the statements made
in the foregoing document are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Constance M. Cocroft
Dated: GE! - a 4 x 10
ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County,
Pennsylvania, being Lot #217, Kingswood, Phase II, as recorded in Cumberland County
Plan Book 55, Page 93, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the East side of Chippenham Road, said point also being a
distance of Four Hundred Ten feet North (410.00') of the intersection of the North side of
Golfview Road and the East side of Chippenham Road; thence by the East side of
Chippenham Road North Three degrees Twenty-Eight minutes Forty-one seconds East (N
03° 28'41" E) a distance of One Hundred feet (ioo.oo') to a point at line of Lot No. 218;
thence by same South Eighty-six degrees Thirty-one minutes Nineteen Seconds East (S 86°
31' 19" E) a distance of One Hundred Twenty-five feet (125.00') to a point at land now or
formerly of C.E. Slack; thence by same South Three degrees Twenty-eight minutes Forty-
one seconds West (S 03° 28'41" W) a distance of One Hundred feet (100.00') to a point at
line of Lot No. 216; thence by same North Eighty-six degrees Thirty-one minutes Nineteen
seconds West (N 860 31' 19" W) a distance of One Hundred Twenty-five feet (125.00') to
the place of BEGINNING.
CONTAINING 12,500.00 square feet, known and numbered as 1008 Chippenham Road,
Mechanicsburg, PA.
UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements,
Restrictions and Equitable servitudes, charges and liens dated November 9, 1988 and
recorded November lo, 1988 in Cumberland County Miscellaneous Book 356, Page 1095•
ALSO UNDER AND SUBJECT, NEVERTHELESS to a thirty-three foot (33.00') wide right-
of-way to AT &T Company running across the southwest corner of said Lot No. 217, as
shown on the aforesaid plan recorded in Plan Book 55, Page 93•
ALSO UNDER AND SUBJECT, NEVERTHELESS to a twenty foot (20') drainage easement
running along the easternmost lot line of said Lot No. 217 as shown on the aforesaid plan
recorded at Plan Book 55, Page 93•
The recreation area shown on the Final Plan of Kingswood, Phase II, as recorded in
Cumberland County Plan Book 55, Page 93, will be eliminated and developed as building
lots.
The access easement for the Homeowners Association between Lot No. 22o and Lot No.
221 as shown on said plan has been eliminated in favor of a io foot (10') bike path
easement to Hampden Township centered on the lot line between Lot No. 22o and Lot No.
221.
EXHIBIT W
Parcel No. lo-16-1056-177
BEING THE SAME PREMISES WHICH Pamay Development Co., Inc., a Pennsylvania
Corporation, by Deed dated May 16, 1991 and recorded on June 4, 1991 in the Office for the
Recording of Deeds in and for the County of Cumberland at Deed Book Volume D35, page
582, granted and conveyed unto George A. Montemayor and Ann M. Montemayor,
husband and wife, the within Mortgagors, their heirs and assigns.
OPEN-END MORTGAGE 01 U
(This Mortgage Secures Obligatory F~e Advances) 1211,
THIS MORTGAGE, dated SIMEfter 22. 2000 is between you, S A M39
AM M resk*V at 1008 0013911111111111011 ED
01110130M, PA 17055 the person or persons signkfg as 'Mortgagor' below, and
us, Waypoint Bank, 235 North Second Street, Harrisburg, PennsylvanIs 17101, 'the mortgagee
MORTGAGED PREMISES: You mortgaged to us the premises located at _iGpe in
1 , BA, 17055 the -Pro *n-). A legal description of the Premises
Is oomaI -irk On 00 dsbd 11W 16, 1991 . W u1Mak T" SOWAWer Pteaaaoe. V#AO b mwdadw the Cmaay
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Poaemmm of on Pranaaea. You orbs welp to w WW m11b of Nr pawm.
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COMMONWEALTH OF PENNSYLVNIA
COUNTY OF 11, wfb aye
RISIDENN ADDRESS OF
PENNSYLVANIA 17101.
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Slat?of Pennsylvania ll ;. .. : , ,
County of CumbarWWJ °:. ?.:..., .
c+cnr d ' the office for the recording of Do8d8 .
rTc" nd bxriand Count "qk*
MR io my hg ^; a.{ 1?tir O( j • . , R 4:
Car i e PIA dens, or ,r, 7
BANK flbNt71T.lelle7a • ?K e
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WAYPOINT BANK
PO Box 1711
FWiFIRIN PALP@OWWNWAA17106
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as T1n MY6 dwwtd Mae Fkb w Y pMIMd it TIr VM Nrw
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The YNINIYM ANNUAL
UmdCn 066
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NOW VOW LOAM On or bows aaoA dws you
EXHIBIT ,; ,gyp,'"'' of y to ,ate n ft Mg&V 0
L4
l
01-00101 LAW M =12"'m ON a w Mans to you hwa wllb w awy dw soma
• A lets dpgs Maay bw?wat ar pal.pd atids apps h.a l6 dMa a1w M
Y=10 to 10% of tM umold aarsunL w 00.00. widdawr is
OOVttIMIOI.?s Ttwasdpdpd w apptkslb.
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M di.s ba?O Ibat w h Yas MYO?NO O or
LIKE M MY tt a1 nth t iwot IN
above. This corresponding ANNUAL Wi RiCENTAGE RATE will never
exceed 180k, and will never exceed the highest allowable rate for this type of
t agreement as determined by applicable state or federal law.
MINIMUM ANNUAL PERCENTAGE RATE: The MINIMUM ANNUAL
PERCENTAGE RATE on your Home Equity Line of Credit is 7%.
PAYMENTS: During the Draw Period and the Repayment Period, the Borrower
promises to pay a Minimum Monthly Payment which wig equal the of
$100.00 or .4296 of the outeterhdirg balance as of the oat d to
billing cycle as shown on the ==t4terternt plus the accrued
Charges, voluntary Group L fe Insurance, if elected, be greater than the
entire balance on the Account.
HOW YOU REPAY YOUR. LOANS: On or before each paywant date you agree
to make a minimum payment to reduce your debt. The . *do=
amount is .42% of your loan account balance on the lust day of thug
cycle, or $100.00, whidtever is greater.
PRINCIPAL REDUCTION: During the draw period and the?the
minimum payment may not fully repay the principal b
your line.
CREDIT INSURANCE: Credit We insurance is rat required to obtain credit. We
will provide no coverage unless you sign and agr:=4 e addklo"
cost. The rates listed below are applied to your balance to
determine the premium you owe for
TYPE RATE
You ? do 0 do riot want single credit We
You ? do ? do not want joint credit We
3L -; X
CHANGING THE TERMS OF THIS AGREEMENT. Generally, we may not
change the term of this agreement. However, we may charge go tens In
the folowing circumstance:
• If this is a varlable rate plan, we may change the khduc and margin t the
original krdsx described above becomes unavaWhM. Any row index will
have a historical movement similar margin, will produce a similar krtere? with a new rate.
Documentation Fees$
Mortgage Recording Fee , 25.50
GOVERNING LAtflf: Terms clocked are applicable.
IN dPEit* 1?6 SMortgaged
YL A M>on is aglocated within the raenwrq shall be pcvams l by the laws o
the Camrnomvea?th of Penrayhnrria, aha:apt to tfis extent that each lawn
have been preempted or superseded by Federal Law.
? S the Mortgaged Property is located will * the STATE OF MARYLAND,
then this agreement shag be governed by the laws of the State of
MoryINK by to IM extent Corned laws haw been room led or I 'M VW* at (Federal - Vierid, them LereNela b lame tl?e' No Agreement
laws Of
Coda of MwAaita?, 12 ubWls 9, Comnorciall Creft OparoEnda 00 Aihnolalted
Plroviblons.
ATT'ORNff Y'S FEES: You apse to all our costs, kx*WkV reasonable Incur
ihotrd ySorr a te> In kpreoaedrgs to ooNsex or eMomre this defouit.
NOTICE: see ft reverse aids for addMi m* terra and for Information about
your rVft in the event of a b&V error:
NOTICE TO BORROWER: This document contains
provisions for a variable Interest rats.
sIGNAT1111Ei: odor siptting bebhv. you agree to the W= on both sides of We
agreement and you promise to pay arty amnounte you owe under this
apreeroom YOU state that you recWved a cornpisted copy of the
apnertrent on dose.
Signature
_ (SEAL)
deco CuAA a Clw4 MM
r
GEORGE A MONTEMAYOR
1006 CHIPPENHAM ROAD
MECHANICSBURG PA 17050
Dab of Notice: June 11, 2009
Lose # 6819027583
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM MMdAPI may he aMe to bd to
aye your home. M Notice embdu hew the wam workL
you mat wftb the C0vmdhw Aum ,
LA NOTMICACION EN AWUNTO ES DE SUMA IIMWORTANCIA, PUSS AFECTA SU
DERECHO A CONTINUAR VMBNDO EN SU CASA. SI NO COMPRSNDE EL CONTENIDO
DE ESTA NOTMCACION OBTENGA UNA TRADUCCION INIM TAN02M LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGZTCY) SIN CARGOS AL
NUMERO MENCIONADO ARREM PUEDES SER ELBGMU S PARA UN PRBSTAMO POR
EL PROGRAMA T LAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDEWM SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
GEORGE A MONTEMAYOR
ANN MONTEMAYOR
1006 CH1pPENHAM ROAD
MECHANICSBURG PA 17050
6819027583
CURRENT LENDEMERVICER: Sovereign Bank
EXHIBIT
The total amount currently due in order to con the default is as follows:
Total Monthly Payment(s) Due.
1 payment @ $564.58 $ 564.58
1 payment @ $562.96 $ 562.96
1 payment @ $528.49 $ 528.49
1 payment @ $558.12 $ 558.12
1 payment @ $546.23 $ 546.23
Late Charges: $1,022.40
Available Mnapplied Funds: $ 0.00
Other pexmisssble charges: $ 0.00
**TOTAL DUE AS OF JUNE 129 2009 ** $3,782.78
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ZLIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BRING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGHNLIIY RBQUIRSMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
T PORARY STAY OF FORZCLQWU - Under the Act, you are ,added to a temporary may of fcuedkmw
on your m, tss9 for thuty4hrm (33) days firm the date of this Ncodoe. During that time you mast mrsage and
attend a "5ce-to-fsoe" meeting with one of the cousumor credd counsebag gpac as listed at the gad of this Notice.
for the county in which the MMVM is located are set h ft at the pad of this Notice. It is only necessery to
one 8ce-to-face meeting. Advise your lender mgM2dVWLofyour intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage a in defteth for the reasons set forth later
in this Notice (sue following pages fix specific inknus ion about the snare of your de6wlt.) If you have tried and
are unable to resolve this problem with the leader, you have the tight to apply for fimmcial assistance fi+mn the
Homoowanaes Emergency Mortgage Assistance Program. To do so, you now 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 aunt you in submitting a complete application to the Pmtrylvens Hoasmg Finance Agency.
Your application MUST be filed or postmadoed within ddrty4uee (33) days of your hce-to-faoa mee ft
YOU AT FILE YOUR APPIJCA77ON PROMPTLY. IF YOU FAIL TO DO 30 OR 9 YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LET!'gR, FO MAY
MM IM CREDIT COUNSELING AGENCIES - If you most with one of the comumer credit eounseliug
agencies listed at the and of this notice, the l ader may NOT tdoa action apinst you &r thirty (30) days after the
daft of this meeting. The names. addoeases sod feleohcm numbers of desiaoaled ccoomner credit aamuetiaa
PROCEED AGAINST YOUR HOME IIWWMIATSLY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available fim is for eme:pncy mortgage as a are very limned. They will be disbursed
by the Agency under the eligibility criteria eatablit wd by the Act. The PwM vaaia Housing Fmmm ASaocy has
sixty (60) days to make a decision aiier it receives your apps a. Dnriog that time, so hreclosure proceedings
will be pursued against you if you have met the time requirmum s ad ftA above. You will be notified dhvctly by
the Pennsylvania Housing Finance Agency of its decision on your appiioation.
NOTE: IF YOU ARE CORRZNTLY PROTECTZD BY THZ FIL1140 OF A PZTiTION IN BAPl MUPTCY, THE
FOLLOWING PART OF THIS NOTICE N FOR INFORMATION MlPOM ONLY AND SHOULD NOT BZ
CONSWI M AS AN ATiTICK" TO COLLECT THZ DIMT.
(If you Gave MW hudwaptey ym can 90 apply for Zn pmy Mortgage Ambumm)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT The MORTGAGE hold by Soveraign Bank Owainaftr wee, us, or cuss) on your
property located at 1006 WHAM ROAD, MECHAMCSBURG PA 17M, IS SERIOUSLY IN
DEFAULT because you have not maple the regular mooddy payment(s) dace FEHRUARY 7, 2009 to the present.
The total amount now required to cure this defmit, or in ocher worms, Set caulk up in your payments, as of the date
of this leaer, is R3,7V.78. The total amount includes lift eboW and any other elsrSet that have accrued to this
data If you dirap+ee with the assertion that a del mk has occurred or the conectaea of the calculated amount
required to rerun the ddw^ contact:
SOVEREIGN BANK
CREDIT COUNSELING DEPARTMENT
PO BOX 12646
READING, PA 1%12-9849
1-800-929-0234
HOW TO CURE THE DEFAULT -You may cure the de5ult w idun T1IIR1Y-THREE (33) DAYS of the dab of
this notice BY PAYING 7= TOTAL AMOUNT PAST DUE TO THY LIIgDZR, WJWZ IS A=78, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGW VIM= BBOOKS DUE DURING THE THIRTY
1HREE (33) DAY PERIOD. ftMaft must be made aithar by caais_ ashises shmk ratted check or aRM o?
made Dn" to knc inn Bank and no to dw don add H,
IF YOU DO NOT CURE TBB D If you do not care the a1dmk wilds TEMW-THREE (33) DAYS of
the date of this Notice, This meaev that
the entire arlbmdis g balance of thb debt wM be eosnsidered tiers and you may bee the chance to pay
the mortgarSe in monddy installments. If &11 payment of the total smonmt past due is not made within THIRTY-
THREE (33) DAYS, the lender also intends to inww its attorneys to start legal action to fondles anon your,
mortaaaad orooartr.
IF THE MORTGAGE is FOR) Q&= UPON - The morWapd property w l be sold by the Shariffto pay off
the mortgage debt. If the kmdor refire your case to is attorneys, but you cure do delinquency before the lender
begins legal proceedings against you, you will still be required to pay due reaaooable at muWs Sees that were
actually incurred, up to $30.00. However, C legal proceedings we ataeted spiost you, you will have to pay all
reasonable attorney's Sees actually incurred by the fonder even if they exceed 530.00. Any attorney's fees will be
added to the amount you owe the lender, which may dao include other reasonable costs. N rag cure the ddfaalt
wdthin the THIRTY-THREE (331 DAY nedod_ you wW no be .,.. And a a w .ter. MWj *...
OTHER LENDER REMEDIES - The lender may also erne you pesooally for the unpaid principal balance and all
other sums due under the mortgage.
mm3wu any other resawrements under she meet W Curing yew ddault In the
notice will restore your mortgage to the same pedden as U you had never defaulted.
ZARLIEST POSSEUX SHERIFF'S SALE DATE - It is estimated the the earliest dab that such a Shwdh Sale
of the mortgaged property could be hold would be apprexhmatsly six (6) :oaths [tom the date of this Notice. A
:notice of the acetyl date of the ShwiB's Sale will be sent to you bet3cr a the sale. Of course, the amount needed to
cure the defaaslt will increase the longer you wait. You may find out at any time exaeely what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
SOVEREIGN BANK
Address: PO BOX 12646, READING, PA 19612-"49
Phase Nembor: 1400-929.5234
Fu Nnmber: 610-988-0917
Contact Person: Jouph B. Hlgkam II, Asslstast Vie Pnddeat
EFFECT OF SHERIFF'S SALE - You should teaiae that a Sherifs Sale will amd your ownomddp of the
mor4ppd property and your right to occupy it. If you commas b live in the property after the Shari@'a Sale, a
lawsuit to remove you and your farniddop and other beionginp could be started by the leader at any time.
ASSUMPTION OF MORTGAGE - You may have the right to sal or traasfer yaw home to a buyer or traneferae
who will assume the mortgage debt, previded that all the oubtawling psymeata, chwSes and attorneys few and
costs are paid prior to or at the a& and that the other requirements of the mortgage are aads6ed.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTM ED 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.
This bank is a debt collector auempdug to collect a debt and any information obtained from you will be used
for that purpose.
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date of Notift: Jane 11, 2009
ANN MONTEMAYOR
1006 CHIPPENHAM ROAD
MECE ANICSBURG PA 17050
Loan # 6819027M
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU
DERECHO A CONTINUAR VIVW41DO EN SU CASA. SI NO COMPRIMR, BL CONTENIDO
DE ESTA NOTIFICACION OBTBNGA UNA TRADUCCION IINBMITAMBNTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FR IANCB AGBNCY) SIN CARGOS AL
NUMERO MENCIONADO ARRWA. PUEDES SBR BLEGIBLB PARR UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMBOV4MIS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDB SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDEMR SU RMOTECA.
HOMEOWNER'S NAME(S): GEORGE A MONTEMAYOR
ANN MONTEMAYOR
PROPERTY ADDRESS: 1006 CHIPPENHAM ROAD
MECHANICSBURG PA 17050
LOAN ACCT. NO.: 6819027583
CURRENT LENDER/SERVICER: Sovereign Bank
The total among currently due is order to cure the default is as follows:
Total Monthly Payment(s) Due:
1 payment @ $564.58 $ 564.58
1 payment @ $562.96 $ 562.96
1 payment @ $528.49 $ 528.49
1 payment Q $558.12 $ 558.12
1 Payment @ $546.23 $ 546.23
Late Charges: $1,022.40
Available/Umpplied Funds: $ 0.00
Other permissible charges: $ 0.00
**TOTAL DUE AS OF JUNE 12, 2009 ** $3,782.78
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
Mil"T, '5 415F 17, '11)
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMMOWNER+S EMERGENCY MORTGAGE
ASSISTANCE ACT OF IM (THE "ACTS, 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 ELIGIBLLI TY REQU>REMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TFIVII?OBARY STAY OF FOREQ.O = - Under tits Act, you are added. to a tempormy may of foreclosure
an your mortgage for thirty-three (33) days from the date of this Nodoe. During do time you matt arrange and
attend a %a*-to-face" meeting with one of the canwAmer credit cetmsohng ages hood at the and of stir Notice.
CONSUMER CREDIT COUNSELING AGENCIES - If you moot with one of the consumer credit counseling
agencies Bated at the and of this notion, the leader may NOT taioe action against you far thirty (30) days after the
date of this meeting. members, of * -
sAgencies for the cottmts? im which the M=M is logged are at fw& at the and of this Nom. It is only necessary to
schedule we fax-to-face meeting. Advise your lender ,of your mandoza
APPLICATION FOR, ASSWANCE - Your mortgage is is defimh for the nwx ms set iiordt how
in this Notice (see folbwiag pages for specific ia?oa about do mum of your def A) If you have tried and
are unable to resolve this problem wifA the loader, you have the right to apply for uncial assistance from the
Homeownar's F. rgeacy Mortgage Assistance Program. To do so, you moat fill out, up and gale 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 agaacies bave applications for the
program and they will assist you in submating a complete application to the Poweylvama Housing Finance Agency.
Your application MUST be 51ed or postmerimd widdo d9 ty-threo (33) days of your Jwo,.to-faee meeting.
YOU j ? FME YOUR APPLICATION PROMPTLY, V YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTS jW TIM
LE?TFR, FORECLwn MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENTED.
2G1 Xff ACTION - Available finds for asasrgency mortgage assistance we very limited. They will be disbursed
by the Agency under the eligibility ormaria astablisbed by the Att. Ths Pamohmila Housing Finance Agency has
sixty (60) days to make a decision aft it moaivas your applicadon. During that time, no foreclosure p mesediogs
will be pursued against you if you have met the time requieamsnis set forth above. You will be notified directly by
the Penmylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTZD BY TRZ FILING OF A PETITION I BANKRUPTCY, TOE
FOLLOWING PART OF THIS NOTICZ B FOR INFORMATION PURPOM ONLY AND SHOULD NOT BE
CONSMZRZD AS AN ATTEMPT TO COLLACT THE DEBT.
(If you have MW bamknq q you em still apply for Eauwgswy Mortgage Asshhaee.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uD to date),
NATURZ OF TM DZFAULT The MORTGAGE beta by Sovasipt Bade (heseinaf w we, us, or ours) on your
property located at 1006 CHip %NHAM ROAD, MZCHANICSBURG PA 17050, IS SERIOUSLY IN
DEFAULT because you have not made the r rAw mooty psyrmmigs) some FZBRUARY 7, 2089 to the peesemt.
The total amount now requited to curs this ddsult, or in other wads, get caugbit up in your payments, as of the date
of this letter, is 53,782.73. The total amount includes late charges and =W odor charges that have accrued to this
date. If you disagree with the amertion that a ddwh has occurred or the correctness of the calculated amount
required to cure the default, contact;
SOVEREIGN BANK
CREDIT COUNSELING DEPARTMBNT
PO BOX 12646
READING, PA 19612-9849
1-800-929-0234
HOW TO CURE THZ R&E& II_T -You way cure the defiwk wig THWTY T HRM (33) DAYS of the date of
this naboe BY PAYING THZ TOTAL AMOUNT PAST DUZ TO TM LZNDZR, WHICH IS 53,732.73, PLUS
ANY MORTGAGE PAYmEm AND LA'Z'E CHARGES WHICH BBCO1E DUE DURING THE THIRTY
THREE (33) DAY PERIOD.
made gg]Mbk to Soveroisn Bade and out to o above addmm
IF YOU DO NOT CURE THHI DYFAULT,--If you do not cues the de lmit widda TiDRTY-THREE (33) DAYS of
the date of this Notice, the holler klends to pwdss i1a df b am11" -- - debt, Ibis means that
the entire outstaadiug balance of this debt w2l be cooddewd dse immedkody and you may lose the chance to pay
the mortgage in monthly instalimesttt. If Mil psymsnt of the total amount past due is not made widdn THIRTY-
THREE (33) DAYS, the leader also intends to iostitwt its attomeys to stet legal action to faraeioae moos Your
wort and nrooerty.
QZ 1 -ZS - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the gage.
- If you have not cured too default within
o bepm, you atilt have the Ask to an the
to the same psdd= as if yes had s~ defaulted.
- It is estimated that the earliest date that such a Sheriff's Sale
of the mortgaged property c4uld be held would be appredsnatdy dz (6) a wths tram the date of this Netlce. A
notice of too actual data of ShwM Sale will be soot to you I ife a the sale. Of oownM the amount needed to
cure the definlt will ' the longer you wait. You may find out at any time exactly what the required paymew
or action will be by the lender.
HOW TO CONTACT THE LENDER:
Name of Lender SOVEREIGN BANK
Addrow, PO BOX 12646, READING, PA 196129849
Phone Number: 14800-9294234
Fax Number 6104"17
Contact Person: Joseph IL Hiram 14 Assistant Vke President
EFFEC'T' OF SHERIFF'S SALE - You should realise that a Sheath's Sale will end your ownership of the
mortgaged property ad your ri& to occupy it. If you course to live is the property after the Sheriff's Sale, a
lawsuit to remove you and your furnishings and odw belong could be started by the leader at any time.
A&SUMPTION OF MORTGAGE - You may have the right to sell or tssasfar your home to a buyer or traasfe ree
who will assume the mortgage debt, provided that alt the o paymeots, 1h on' sad attcxaWs feet and
costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTPT[TI•ED 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.
This bank is a debt collector attempting to collect a debt and any information obtained from you will be used
for that pupae.
t. ,
IMPORTANT NOTICE OF THE HOUSING AND QTY DEVELOPMENT ACT OF 1967
PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU.
DATE: June 11, 2009
TO: GEORGE A MONTEMAYOR
RE: Account No. 6819027583
FROM: Sovereign Bank
The Housing and Car MN*Y Developnwnt Act of 1987, requim that Sovereign Bank, F.S.B., wally elide homeowrw v with
delimpent home bars of the avdoblty of twnm%"m rship Oorrwellrp. Becaua your honor ban is DELINQUENT, you maybe
eligible for lameowrwrahip pour 9*V Provided by certain ran- "organizatlww. The following orgarrizal m -e one eucperimmW in
the p VASion of honwownerahip corrseling and taus bean approved by #* Secnary of Housing end Urban Devebprrwnt ('HUD').
PLEASE CONTACT THE NEAREST COUNSELING AGENCY ON THE ATTACHED LIST OR CALL THE HUD TOLL FREE
NUMBER AT 1400469 M FOR MORE INFORMATKK
The Bank does not provide wn wrwrs* coursing. However, should you haver any questions about your home ban or the
attwiml list you may call or wdle to the Bank. The mfrs, wWreee and ideph = number of our m fxeewitalive is:
SOVEREIGN BANK
CONSUMER COLLECTIONS
PO BOX 12546
READING PA 1961244
1-B00 929-0234
If you desire b receive l nieownership couseibg, it is i gwftt that you promptly contact a counseling agency from the atlaelwd
list.
Joseph B. Hiewn, U
Assistant Vita President
a EXHIBIT
9
11
i6 1_ l L
IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987
PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU.
DATE: June 11, 2009
TO: ANN MONTEMAYOR
RE: Account No. 6819027583
FROM: Sovereign Bank
The Housing and cam w* Dew4ff ant Act of 1987, rs p*u that Sous Wp Bads, F.S.B., nodry efigW Mmownars with
de"uent home Imm of the aveNebflty of honrowrreratap o0ia' Uft. Bac ms ym honor loon Is DELPMENT, you may be
elg?le for homeownership oo?ateeing prodded by oertah rror?•proAtorgar?tlons. The foloufng oroardzatlorts ant earperiettced ?
the provision of norrreownership cotarselrtg arrd has been approved by the Secretary of Housing and Urban Deveiopmt ('HUD").
PLEASE CONTACT THE NEAREST COUNSELM AGENCY ON THE ATTACHED LAST OR CALL THE HUD TOLL FREE
NUMBER AT 14009.4287 FOR MORE INPDRMATION.
The Bank does not provide homeownership couraeng. However, should you hays any qu ftm about ym home loan or the
attached 19 you may Cd or write to the Bank. The name, aft= and tektph number of our raprsserrWivs is:
SOVEREIGN BANK
CONSUMER COLLECTIONS
PO BOX 12646
READING PA 196129849
1-600-929-0234
If you desks to receive homeownership counseling, it Is knporM #*A you promptly oonlot, t a cour eft atprwy *om the a9ached
list.
Joseph B. Mahatn, II
Assistant Vice Preskimt
MALCOLM J. GROSS
PAULA. McGINLEY
HOWARD S. STEVENS
DONALD L&BARRE, JR.
J. JACKSON EATON, III
MICHAEL A. HENRY
PATRICK J. REILLY
ANNE K. MANLEY
SUSAN ELLIS WILD'
VICTOR F. CAVACINI
THOMAS E. REILLY, JR.
ROBERT A. ALPERT
ALLEN 1.TULLAR
RAYMOND J.DeRAYMOND
THOMAS A. CAPEHART
JOHN F. GROSS
KIMBERLY G. KRUPKA
KIMBERLY A. SPOTTS-KIMMEL
GROSS
McGINUE.1'u.
ATTORNEYS AT LAW
www.arossmcaini2y.com
Please reply to:
Allentown Office
Thomas A. Capehart
TO: George A. Montemayor and Ann M. Montemayor:
OFCOUNSEL
DAVID C. KEEHN
MICHAEL J. PIOSA
'Also admitted in NY
°Also admitted in NJ
tMo admitted In DC & MD
Also admitted in MA
OAlso admitted In CT
We have filed this complaint against you on behalf of our client, Sovereign Bank, F.S.B.
WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C.
Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE:
The amount of the debt owed by you is $70,899.24 as of March 1, 2010.
Waypoint Bank, is the original creditor for this debt.
You have thirty (30) days from the date of this Notice to dispute the validity of this debt. If
you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid
and the amount of the debt is correct. If you notify us in writing that the debt or any portion thereof
is disputed by you, we will obtain verification of the debt from our client and provide such
verification to you.
Please note that the thirty (30) day period described above, the Bank is not required to
wait thirty (30) days to take any action to enforce its rights to collect the amount owed,
including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to
proceed with any such action within the time frame set forth in the accompanying Complaint or
documents, and any other previous correspondence you may have received directly from the
Bank.
This letter is from a debt collector. This letter and any other correspondence from this office
is an attempt to collect a debt and any information obtained will be used for that purpose.
Please note that if you have filed a petition in bankruptcy or if you have received a discharge
in bankruptcy, this notice is for information purposes only and should not be considered as an
attempt to collect the debt, but only enforcement of a lien against property.
Sincerely,
_7?(? -
Thomas A. CapVart
ERROL C. DEANS, JR.
ANDREW H. RALSTON, JR.
PETER J. DRUCKENMILLER, JR
MICHAEL J. BLUM • °
SAMUEL E. COHEN-
CATHERINE L. KOLLETO