HomeMy WebLinkAbout10-1606I.
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
NO. )0 - fCo01o C?viI-Fero
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 OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET C
CARLISLE, PA 17013
(800) 990-9108 (717) 249-3166
GROSS MCGINLEY LLP c.
By:
Thomas A. Cape hart, squire
Attorney for Plaintiff
Attorney I. D. No. 57440
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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
NO.
MORTGAGE FORECLOSURE
COMPLAINT
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 Second
Lien 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 592 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
Defendant as evidenced by an Installment Note executed by the Defendants on
November 22, 2000, in the original principal amount of One Hundred Forty-three
Thousand One Hundred Thirteen Dollars and Sixty-two Cents ($143,113.62) (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 March 1, 2009.
8. Because of the aforesaid default, on or about July 2, 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 $12,530.12 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 July 2, 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 have 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 March 1, 2009, and since
the mailing of the Notice, the following amounts are now due pursuant to the terms
of the Mortgage:
(a) Principal $100,844.34
(b) Unapplied balance (13,561.85)
(c) Interest to 03/01/10 7,654.71
(d) Late Charges 6,502.59
(e) Satisfaction Fees 50.50
(f) Misc. Fees 30.85
(g) Escrow Due 21.67
(h) Attorney Fees & Costs 1,416.50
TOTAL 102.959.3
13. A copy of the Verification Notice pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "E" and
incorporated herein.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in its
favor and against the Defendants in the amount of $102,959.31, plus interest of
$24.15 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
7-2L a"`2
By:
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: C-)(\cr h 1, an In
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 (100.00') 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 86° 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 1o foot (10') bike path
easement to Hampden Township centered on the lot line between Lot No. 22o and Lot No.
221.
EXHIBIT "A"
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.
331ff -e,-
Waypokrt Bank and No woosnore and assigns
2nd and Firm ftow
Hard$burg, Panmylvania 17101 051 OOV 2? )
MORTGAGE (Z
THIS MORTGAGE made this_ 22 day of 111C)Vadpar 00 `
between A NCNTBMhVM and
of, 1006 RD iO, PA 17065 es Mortgagor, and
Waypoint Bank and its successore and asigns of Harrisburg, Psnnsyhvella n Mortgagee.
WITNESSETH that the M has executed and delivered to the Mortgages a NotNAgres moot on this date in
the face amount of i with insweat thereon at the rats specified therein requiring
the perfon nonce of all the terms, COWW OM and conditions therein Oontel wl. all of which are made an Intograi
part hereof and incorporated herein by reference. As evidence of said MdlsbMdnsw of Mortgagor to Mortgages,
and as nw^ for payment of said NoWAgreament with interest and In consideration of 01.00 paid by
Mortgagee. the Mortgagor don hereby bargain. ad, grant and oonvey unto MwV pas:
ALL THAT CERTAIN piece of land together with all unproven its thereon arntad situate in:
1 • i , County OtOWEREAM
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2 County of
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3. County of
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.1d An +oiwa as: 1 1008 M VID 1 PA 17055
2 9 ownwWwPavao
For title into the Mortgagor an Deed recorded M the County of QMii M
1 in: Deed Book MIS , Vokrm_ paps 382
Sere Attached Addbdt A
2 in: Deed Boric Volans pap
3 in: Deed Book_ , volume. pap
TOGETHER with ag buUngs, improvensnts, rights of way, rights and privileges, hereditemetts and
appurtenances, and the reversions, remakwhn, rants, issues and profhs thereof.
Mortgagor covenants end warrants that Mortgagor has full fee sbtple We to promltes above described; that the
buildings on the premises shall be kept Inured against bas by firs and etlar onudty for beast of Mortgagee in
amounts satisfactory to Mortgagee, wph standard MorWM dawn. and Mortgagor will pay any tax,
ansnment, municipal or other governmental charge, long water and sewer netts charged to said promises,
and will deliver to Mortgages receipts therefor knm*diataiy upon demand.
Proxidsdlket if said Note Is paid In socordeooa with its term and R all other terms, condkiom, end covenants of
,. : mor*0 and the aforesaid Note are performed, the we hereby granted shall owes and this mortgage
Omit k ie Vold grid of no effect.
The transfer of any interest In the property mortgaged heroin without the prior written consant of Mortgagee,
ssospt for a Jeasilold Interest for three years or lass, not containing an option to purchase, is a default
hereunder.
.an;ills~t-of'default hereunder or under the term of the note, the slodre balance of the debt shag fag due and
Mortgapea•may Institute an action of mortgage foredosure hereon. It Mortgages retains an attorney to Institute
aatbm on said NOW or sn action of fore imm on this mortgage. Mortgagor shall pay, In addition to the principal,
interest and care, an automWo collection he of 15% of the pridpol bslartoe than duo; and if a judgment is
entered In favor of Mortgagee against Mortgagor in said suit and Mortgages thereafter secures a Writ of
Exepudon or other appropriate writ, Mortgagor waives ant rights and barlafita under any and all laws or ruin of
the court now or hereafter In effect, grandni or permitting any exemption or stay of exaoution against the
mortg.pad PrO niess or any other property whatsoever, and such judgment WWI beer knuest at the applicable
rate until the full amount due Mortgagee le actually paid.
The word `Mortgagee' shell be construed to include suanaors and swipe of Mongwpae, and the word
'Mortgagor' shell be construed to I oluds the respective Mire, executors, adrak+btrawm, enamors and assigns
of Mortgagor. If there is more than one party named herein a a Mortgagor, the word -Mortgagor% whenever
occurring, shag be downed and taken to be the pkwd; and ail covenants, waivers. warrens. promisee. and
roWm by, and the obilgatione or Nabillilm imposed upon. Mortgagor under this mortgage shall bind them jointly
and severally, together with each of their respective heirs, executors, admbiatraton, successor@ and assigns.
Any forbearances by Mortgagee In exedai g any right or remedy hereunder, or otherwise permitted by law, shag
not be a waiver of or preclude the exercise of any such right or remedy.
IN WITNESS WHEREOF, and intending to be legally bound hereby, Mortgagor has hereunto set hand and a" the
day and Vow first above written.
Witnessed and dailvered in the presence of.
(BEAU
0C 'Oe_ (SEAL)
(SEAu ? EXHIBIT
(SEAL)
ww1654rw 592 ?_
GOVERNM LAW. Terms following a ? apply when oMoked.
® If the Mortgaged Property is located within the Commonwealth of Pwasylvanfs, then No
agreement shell be governed by the laws of the Commonwealth of Pennsylvanla, except to the extent
that such laws have been preempted or superseded by Federal Lew.
? If the Mortgaged Property Is Wood within the Stab of Maryland, then this agreement shell be
governed by the laws of the Stets of Msry1sr4 except to the extent that Koch laws have been
preempted or superseded by Federal Law. If this Agreement is gowned by the laws of the Stet of
Maryland, then the Lender elects to have this Agreement governed by Title 12 of the Commercial Law
Article of the Annotated Code of Maryland.
? Subtitle 9, Credit Grantors Open - End Provisions
? Subtitle 10, Credit Grantors Closed - End Provisions
STATE OF ?inhsy?rK.,?q
SS:
COUNTY OF 1 wp4l n
On this, the 44nA day of Z..v , before me the urWersigred
officer, personally errosarea A.ei,.......a.r...r ?A',s.y....?...
known to me (or setlefaotorily proven) to be the psrsenjowfiose name(s) ledgDOubsc abed to the
within instrument, and acknowledged that (he, she, orjQaoecutsd the sane for the purpose twain
contained.
IN WITNESS WHEREOF, 1 have hereto set my horn
1 HEREBY CERTIFY that the precise residence of the Mortgagee(s) and person eroded to Interest on
this Mortgage Is Waypoint Bank, 2nd and PMe Strests, Harrisburg, Permsyhranis 17101.
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r:i EXHIBIT
at 2S COMM 7) ZE MD AMM
IWAU
S81IZTIY (32JAM R. (W.
Adtaa
eLO,os,f:m a
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date of Nodw July 4 20"
GEORGE MONTEMAYOR
1008 CHIPPENHAM RD.
MECHANICSBURG, PA 17055
Loan # 68172211%
LA NOTIFICACION EN ADJUNTO ES DE SUMA BIPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVI]WI)O EN SU CASA. SI NO COMPRENDE EL CONPENMO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION R MBDITAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER EL KMKX PARA UN PRBSTAMO POR
EL PROGRAMA LLAMADO "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.:
GEORGE MONTBMAYOR
ANN MONTBMAYOR
1008 CHIPPENHAM RD.
MECHANICSBURG PA 17055
6817221196
CURRENT LENDER/SERVICER: Sovereign Bank
a EXHIBIT
The total amount currently due In order to cure the default Is as follows:
Total Monthly Paynwit(s) Due:
5 Payments @ $1,432.97: $ 7,164.85
Late Charges: $ 5,365.27
Available/Unapplied Funds: $ 0.00
Other permissible charges: $ 0.00
**TOTAL DUE AS OF JULY 2, 2009 ** $12,530.12
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
IF YOU COMPLY WITH THE PROVISIONS OF THE SOMiOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACr j YOU MAY BE ELIGIDLE 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 ELIGTBMITY REQUIREMENTS
ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FOREQ.OSURE - Under the Act, you are entitled to a temporary stay of &=10 "re
on your mortgage Sot thirty-ft= (33) days Am to date of this Notice. During that time you mast arrange and
attend a "5oo4o-face" meeting with one of the rummer aredit cotmaaha aammu lided at dis and of Isis Notice.
CONSUMER CREDIT COUN3ELII9G AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, lice leader may NOT talm adios spimt you for thirty (30) days aft die
date of this nmaetilma. The names. addoum and tsls6ma nwnh? of deai•w.- I mm=nww n.r" wum am.
It is only necessary to
schedule one Sece-to-faoc meeting. Advise your leader Hof your intentions.
AMJCATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons ad firth latex
in this Notice (see following pages for specific in5ormation about the nacre of your dehok.) If you have tried ad
are unable to resolve this problem wilt the leader, you have the right to apply Sot fiscal 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 do and 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 Fiance Agency.
Your application MUST be filed or postmarlmd within Irirty three (33) days of your face-to-faee meeting.
YOU 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 EWMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds iior emergency mortgego assistance we very limited. They will be disbursed
by the Agency under the eligibr W =Amia awblisbed by fire Act. Ths Pennsylvania Homing Finance Agency has
sixty (60) days to make a decision agar it raceives your applicadon. During that time, no foreclosure proceedings
will be pursued against you if you have met floe time roquuiteemmts set ft* above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on you application,
NOTE: IF YOU ARE CURRENTLY IROTZCfZD BY THE FKMG OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR MOBMATIION IORPOSMS ONLY AND SHOULD NOT BE
CONSIDERED AS AN AT 9NW TO COLLECT THE DEBT.
(If you rave filed raurnptcy you Can dM apply for Emetw aey Mortgage Aaistaaa.)
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it no to daft).
NATURE OF TBE DB.I?AULT -The MORTGAGE held by Sovereign Back (herainflar we, us, or outs) on your
property located at 1008 mPPENHAM RD., MBCHANICSBURG, PA 17055, IS SERIOUSLY IN DEFAULT
because you have not made the monthly payments of S1,432.97 since MARCH 1, 2009 to the pealL The total
amount now required to cane this default, or in other words, Set caught up in year payments, as of the date of this
letter, is $12,530.12. The total amount includes late chnes and any other chwave that have aomwd to this date. If
you disagree with the assertion that a ddK& has occurred or the oonsctnea of the calculated amount regv red to
cure the default, contact:
SOVEREIGN BANK
CREDIT COUNSELING DEPARTMENT
PO BOX 12646
READING, PA 19612-9849
1-800-929-0234
ROW TO CURE TEE DEFAULT You may care the deft nit within THIRTY THREE (33) DAYS of the date of
dug notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TH>e LIPMRR, WHIM IS $12,530.12,
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHIM BECOME DUE DURING THE
THRTY-THREE (33) DAY PERIOD. mmnat hs made either by ank cashtee"a GbWL codified check or
moncy order made nayabk to Sovereign Buis and not to the above addi_ em
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the dehuft within THIRTY-71UM (33) DAYS of
the date of this Notice, Mender Intends to swam let riaibe m aeaalanata tl?a rtartgasa tarot. This means that
the entire ouI I 'ing bahme of this debt will be coeaidaed duo iahasedBNety and you may Icee the chance to pay
the, mortgage in monthly installm its. If M payment of the total amount post doe is not made within THIRTY-
THREE (33) DAYS, the lends also intends to i=ftW its attorneys to am legal action to foredaae ewes =
mortgaged property.
IF TEE MORTGAGE IS FO M&M UPON - The mortgaged property will be sold by the Sheriff to payoff
the mortgage debt. If the lender refers your am to he attorneys, but you care the delinquency before the lender
begins kph proceedings agam:t you, you will still be required to pay the reasonable attorWs fee that were
actually incurred, up to SM 00. However, if legal proeeediogs are started against you, you will have tD pay all
reasonable attorney's fees actually iaranred by the lender ever if shay exceed 550.00. Any attorney's Sea will be
added to the amount you owe the lender, which may also include other raasonable crow. N ym erne the dmdt
wldds the THIRTY TH1R=133) DAY period. vwr will net be reruaed to paw admusy% fees.
- The leader may also we you personally for the un>ped principal balance and all
other sums due under the mortgage.
RiGM TO CURE THE DEFA T PRIOR TO @ Q?.r. p+ i? -- If you have not cured the defanh within
the THMTY-1IMM (33) DAY period and faeclown+e proceedintp have begin, von oil have do right to cm the
. Cuing your defpnlt In the manner at forth In this
notice will restore your mortgage to the same position as H you had never defaulted.
- It a estimated that the earliest date dot arch a Sheriffs Sale
of the mortgaged property could be held would be appreAmalft six (6) mos?ths from tie date of this Notice. A
notice of the actual data of tie Shmif'a Sak will be sect to you before the sae. Of coupe, the amount needed to
cure the default will increase the longer you wait You may find out at any time exactly what tie requi ed payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Leader: SOVEREIGN BANK
Add; PO BOX 12646, READING, PA 19612.9849
Phose Number 1400-929-0234
Fa: Number: 610-988-0917
Contact Person: Jamie Weller, Assistant Vke Preddeat
&VI= OF SSF'S SALE - You should realise that a 3baiII's Sale will cad your ownership of the
mcrtgaged property and your A& to occVy it. If you continue to live is the property after the Sherift Sale, a
lawsuit to remove you and your fia abblup and other belongs owA be started by the iaader at any time.
ASSUMPTION OF MORTGAGE - You may have do right to sell or', I - your home to a buyer or uneshree
who will assume the moc%W debt, provided dm all the ouMmAng payments, chaW and attorneys fees and
costs we paid prior to or at the sale and that the other tequhamaum of the mor4W are satisfied.
LOU 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 INST r1 TT1ON 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 INSTITUf W 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 dot purpose.
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date of Notice: July 2, 2009
ANN MONTEMAYOR
1008 CHIPPENHAM RD.
MECHANICSBURG, PA 17055
Loss # 68172211%
LA NOTWICACION EN ADJUNTO ES DE SUMA HWPORTANCIA, PUSS AFBCTA SU
DERECHO A CONTINUAR VIVIENTDO EN SU CASA. SI NO COMPRIME IL CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMBDITAMENITE LLAIMIANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANC$ AGENCY) SIN CARGOS AL
NUM$RO MENCIONADO ARRIBA. PUEDES SIR ZL,TIGZBLE PARA UN PREBTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDMA DEL DERECHO A
REDH1= SU HH'OTECA.
HOMEOWNER'S NAME(S): GEORGE MONTEMAYOR
ANN MONTEMAYOR
PROPERTY ADDRESS: 1005 CHIPPENHAM RD.
MBCHAMCSBURG PA 17055
LOAN ACCT. NO.: 6817221196
CURRENT LENDER/SERVICER: Sovereign Bank
The total amount currently due in order to cure the default is as follows:
Total Monthly Payment(s) Due:
5 Payments @ $1,432.97: $ 7,164.85
Late Charges: $ 5,365.27
AvailabldUnapplied Rmds: $ 0.00
Other permissible charges: $ 0.00
"TOTAL DUE AS OF JULY 2, 2009 ** $12,530.12
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
17 YOU COMPLY W1TH THE PROVISIONS OF THE HOMEOWNER'S EM GZNCY MORTGAGE
ASSISTANCE ACT OF 1933 (THE "ACT"S, YOU MAY BE ELIGIBIX FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUM$TANCFS BEYOND
YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBMITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
T?ORARY STAY OF r - Under the Act, you ace entitled to a temporary stay of fteclosuue
on yaw maftw for ftiy-thrw (33) days from the date of this Notice. Daft that tune you mum anange sad
attend a "faoo-w-f a meeting with one of the consumer credit aounsebw aasoeies listed at do and of dm wmm%,,
?s w?,? m wrmcn me eeooM a ioeama ace art AM at ft end of ft Notice. It is only necessary to
schedule one face-to-face meeting. Advise your laoder Hof your udendong.
APPLICATION FOR MORTGAGE ASSWUN E - Your mor?pp is in defwlt for the reasons set fw1h lasers
in this Notice (see following pages for specific information about dw ustue of your dehuk) If you have tried and
are unable to resolve this problem with the leader, you have the right to apply for financial assistance, from the
Homeowner's EmagencY Moctgaga Assistance Program. To do so, you must fill out, sign and file a completed
Ilomeowna"s Emergency Assistance Program, Application with ace of the dedgaated consumer credit coanseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have appfications for dw
program and they will assist you in submittirB a complete application to the peowylvania Horsing Finance Agency.
Your applicstion MUST be filed or postmarked within thirty-throe (33) days of your face-to-face meeting.
YOU W= 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 II4MMIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
CONSUMER CREDIT COUNSEI.IN A CIES - N you and with one of the cwaevmer credit counseling
agencies BNed at the and of this notice, the lender nay NOT bb action against you for thirty (30) days after the
date of this meeting. The names. addressee and teismhooe mrmheea of dwianared c oiedit oeonsdine
AGENCY ACTION - Available fiords for emergency mortgage assistance are very limited. They will be disbursed
by the Agency wader the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to mdm a decision after it receives your spp>icsfim Durimg that time, no faseclosure proceedings
will be pursued against you if you have met the time requirements set ft* above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision an yaw application.
NOTE: IF YOU ARZ CURRENTLY PROTZCTZD BY THZ FI1X4G OF A PLTMON IN BANKRUPTCY, THE
FOLLOWING PART OF PHIS NOTICE IS FOR IN001D ATION PURPOBZS ONLY AND SHOULD NOT BZ
CONSIDERED AS AN ATIZMPT TO COLLECT THE DZBT.
(If you have Ntd baukraptcy you ea still apply tar Zmwgwey Mwgpp Assistaaes.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it nn to date).
NATURE OF THE DEFAULT --The MORTGAGE held by Soversign Bank (herainsfia we, us, or ours) on yob.
property located at 1008 CHipPENHAM RD., MECHANICSBURG, PA 17OSS, IS SBRIOUSLY IN DEFAULT
becawe you have not made the monthly payment of $"1,432,97 since MARCH 1, 2099 to the present The total
amount now required to are this default, or in other words, got caught up in your payments, as of the date of thin
letter, is $12,530.12. The total amount includes late chaglaas and any other cherses that have accrued to this date. Ig
you disagroe with the assertion that a dehmk has occurred or the correctness of the calculated amount required to
cure the default, contact:
SOVEREIGN BANK
CREDIT COUNSELING DEPARTMENT
PO BOX 12646
READING, PA 19612-9849
1400-929-0234
HOW TO CURE THE RIF.& r.T -you may daub the dd ink within T=ffT HREE (33) DAYS of the data of
this notice BY PAYING THE TOTAL AMOUNT PAST DUB TO THZ LZNDZR, WHICH IS $12,53042,
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THg
THIRTY THREE (33) DAY PERIOD.
money order made mavable to Soyeteitn tank ad riot to the aboad -"
IF YOU DO NOT CURE M DEF LT..Hyou do not core the default within THIRTY THREE (33) DAYS of-
the date of this Notkx. This meals that
the entire oublanding balance of this debt will be considered due Wroadituety and you may lose the chance to pay
the mortgage in monthly installment. If full payment of the total amount past due is not made within THIRTY_
THREE (33) DAYS, the lender also intends to instruct it shorn" to am legal action to faredose upon your
mart awed mromerty.
IF ME MORTGAGE FORN2O UPON' - The moroiged property will be sold by the sheriff to pay oft
the mortgage debt If the leader refers yams case to it a*wmm but you cure the delinquency before the lender
bogins legal proceedings against you, you wdll still be required to pay the reasonable atM mq% fiess that were
actually n=M4 up to $50.00. However, if legal proceedings are staled against you, you will have to pay all
reasonable attorney's fees actually incurred by the lernler even if they awoeed MOO Any attorneys has will be
added to the amount you owe the ender, which may also inelads other reasonable costs. N row even the ft At
mid" dke X--THRZE (331 DAY Doled. you will not be tMoInd to gav atbnmWs Jae&
The tinder may also sue you personally for the unpaid principal balance and an
other sums due under the mortgage.
2abou any other MmUnk under do MgWW Caries your default in the manner set forth !a
notice will restore your mortpge to the same podden as if you had amw defaalted.
- It is estimated that the earliest date that such a Sheriffs Sale
of the mortgaged property could be held would be approximately dx (6) menths from the date of this Notice. A
notice of the actual date of the Sheriffs Sale will be am to you bd m the sale. Of rouse, the amount needed to
rue the default will increase the longer you wait You may find out at any time atectly what the required payment
or action will be by contusing the lender.
RIGHT TO CURE THE DEFAULT PRIOR TO CHa>Q>tyrrfst SALE - If you have not aced the default within
the THiR7T- HREE (33) DAY period and foreclosure mnooeedia? have bee m_ WM Abu 6.,.,. dr A.b, . , ,, ft-
HOW TO CONTACT THE LENDER:
Name of Leader SOVFRRIGN BANK
Address: PO BOX 12646, READING, PA 1%12-9549
P!loae Number 1400-92940234
Fa: Nasber• 610-988.0917
Coated Perna: Jamie Wedler, Ambtaat Vlex Preddemt
BAP j[Q OF SHER=S SALE - You should realize dot a Sherigs Sole will and your owneesbap of the
mmtppd property and your rigbt to occupy it. If you eam- , to live is dw property a8er the Shwift Sale, a
lawsuit to remove you and your fmdddup and other bdoogiop could be ahrtod by the ladder at any time.
TION OF MORTGAGE - You may have the risbt to all or teema61 your home to a buyer or transferee
who will amume the mortgage debt, provided that all the oubboft psymemb, charges and attaaey's fees and
costs are paid prior to at at the sale mad that the other regeeiremmb of the morlpp we asW k&
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INS17f U 1ON 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, TAMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTTT'ITTED 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 mad my information obtained Bom you will be used
for that purpose.
IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1967
PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU.
DATE: July 2, 2009
TO: GEORGE MONTEMAYOR
RE: Account No. 6817221196
FROM: Sovereign Bank
The Housing and Conrm=* Devebpnrnernt Act of 1987, negnrires that Sovereign Bank, F.SB., notify eligible Imme wnwra with
debxW t home loans of the avaNWft of homeowrwnslnip corrnwebg. Because yowhonw loan Is DELINQUENT, you maybe
elig0nle for honwom Lop oowaeirg provided by certain non•prollt agenrizatlonw. The bbwNg oho Izaliorw are wq wlernced in
the provision of homeawne n corrnwebg and have been approved bythe Secrebry of Hous6g and than Devrbpnwnt fHU[n.
PLEASE CONTACT THE NEAREST COUNSELING AGENCY ON THE ATTACHED LIST OR CALL THE HUD TOLL FREE
NUMBER AT 14004094M FOR MORE INFORMATION.
The Beek does not provide honwowrnership courweNrg. Hourew, should you have any Weetlorw about your home ban or the
attached list you may call or wdle tote Bank. The name, addross aril Ielephonw number of our nip men ove W.
SOVEREIGN BANK
CONSUMER COLLECTIONS
PO BOX 12646
READING PA 19612
1400429-0234
If you desire to moelve honrwOwrnelellp cournsell ng, 0 Is irnnponW that you p umptly cwtad a cm wdd ng agency from the altaclned
list
Joseph R Saodc Jr.
Vice President
EXHIBIT
21
HOV88NG AND URBAN RMOPONT PHUO'1 NOTIFICATION
IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987
PLEASE READ THIS NOTICE. HOMEOWNERSHP COUNSELING MAY BE AVAILABLE TO YOU.
DATE: July 2, 2009
TO: ANN MONTEMAYOR
RE: Account No. 6817221196
FROM: Sovereign Bank
The Flocrsirrg and Corrmrrrrrity D mWWnsnt Act of 1987, MON drat Soverelgn Be* F.SB., no8fy eigibie Wnmwnsm with
"
ollow for Inquent home bons of to ?y of honreowrrenihip oourre ft. 8er=89=m your home loan Is DajNQUENT, you may be
provbion of horneowrre*?counseft oou p ? ?a' ft 1010 big ? Se °ed in
by Secretary HmMV and Urban Develo mW (`HUD's.
PLEASE CONTACT THE NEAREST COUKIELING AGENCY ON THE ATTACHED LET OR CALL THE MD TOLL FREE
NUAWER AT 14M904287 FOR MORE MFORMATKK
The Bards does not provide horrreowners w oorrrs Erg. How. should you have arty Waliorw about your home Im or Ere
attached Iist you may call or writs to the Bards. The name, address and WWww mm W of our roprermW" is:
SOVEREIGN BANK
CONSUMER COLLECTIONS
PO BOX 12646
READING PA 19612
1-800-9290234
If you desim to receive homeownership oourr$*V, It is Important that YOU prom* comet a camse ft agency from the at odd
Mst.
Joseph R Sedlock Jr.
Vice President
MALCOLM J. GROSS
PAULA. McGINLEY
HOWARD S. STEVENS
DONALD LaBARRE, 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 I. TULLAR
RAYMOND J.DeRAYMOND
THOMAS A. CAPEHART
JOHN F. GROSS
KIMBERLY G. KRUPKA
KIMBERLY A. SPOTTS-KIMMEL
GROSS
McGINUE.Y.,
ATTORNEYS AT LAW
www.urossmcoin!".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
tAlso 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 $102,959.31 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,
Thomas A. Cap art
ERROL C. DEANS, JR.
ANDREW H. RALSTON, JR.
PETER J. DRUCKENMILLER, JR
MICHAEL J. BLUM • °
SAMUEL E. COHEN-
CATHERINE L. KOLLETO