HomeMy WebLinkAbout10-2515UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID #203437
LOUIS A. SIMONI, ESQUIRE - ID #200869
v.A?AM L. KAYES, ESQUIRE - ID #86408
MARGUERITE L. THOMAS, ESQUIRE - ID #204460
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
pleadings@udren.com
BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS
f/k/a Countrywide Home Loans :CIVIL DIVISION
Servicing LP
P.O. Box 660694 :Cumberland County
Dallas, TX 75266
Plaintiff
v.
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w
d
Malcolm L. wells, Executor of the :
Estate of Joanna T. Branch : NO. 1p -?? a-tv I tTe
Jo Ellen Enders (Real Owner)
21 West Shore Drive
Camp Hill, PA 17011
Defendant(s)
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your 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 o
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO 5
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PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar 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 avisado que si usted no se dafiende, la corte tomara 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 provisiones de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify
us in writing of a dispute within the 30 day period, we will obtain verification of the debt or
a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not
an admission of liability on your part. Also, upon your written request within the 30 day
period, we will provide you with the name and address of the original creditor if different from
the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. Plaintiff is the legal holder of the
Mortgage that is the subject of this action. Current assignments of
mortgage of record are as follows.
Assignor: Mortgage Electronic Registration Systems, Inc.
Assignments of Record to: Countrywide Home Loans, Inc.
Recording Date: 9/19/08 Instrument No: 200831918
Assignor: Countrywide Home Loans, Inc.
Assignee: BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans
Servicing LP
Recording Date: 5/29/09 Instrument No: 200917712
2. Defendant(s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real.
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant(s),
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with Pa.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 21 West Shore Drive
MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township
COUNTY: Cumberland
DATE EXECUTED: 7/3/01
DATE RECORDED: 7/9/01 BOOK: 1726 PAGE: 4884
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said mortgage itemized below, shall be immediately due.
5. After demand, the Defendant(s) continues to fail or
refuses to comply with the terms of the Mortgage as follows:
(a) by failing or refusing to pay the installments of
principal and interest when due in the amounts indicated
below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
6. The following amounts are due on the said Mortgage as of
3/11/10:
Principal of debt due $107,005.70
Unpaid Interest at 6.625%
from 10/1/09 to 3/11/10
(the per diem interest accruing on
this debt is $19.69 and that sum
should be added each day after 3/11/10) 3,189.78
Title Report 325.00
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $203.45 and that sum should
be added on the first of each
month after 3/11/10) 0.00
Late Charges
(monthly late charge of $38.68
should be added in accordance
with the terms of the note
each month after 3/11/10) 193.40
Attorneys Fees (anticipated and actual
to 50 of principal) 5,350.29
TOTAL $116,344.17
7. The attorney's fee set forth above are in conformity with
the mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged in accordance with the reduction provisions of
Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made part
hereof, and defendant (s) have failed to proceed within the time
limits, or have been determined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $116,344.17 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
UDREN W OFFICES, P.C.
BY: 6V/( t
Attorneys for ,Plaintiff
MARK J. UDREN(,/ ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
LOUIS A. SIMONI, ESQUIRE
ADAM L. KAYES, ESQUIRE
MARGUERITE L. THOMAS, ESQUIRE
Mar-15-2010 03:18pm From-
i-384 P.012/023 F-085
EYLKIBIT "At'
ALL THAT CERTAIN piAoo or Da*cel o land situ&Le in Lower Allen
Township, Gumbarland Ceutny, Pennsylvania, more particularly bounded
and described as follows, --o wit:
BLGIMING at at point on -he eastern side of West Shore Drive which
point, mpasi,rPri r,lnnr3 th,- eastern and rLouthern o4-do of woot
;rive, is 921 , 4F rPPI nnrthtiaat of the northoaat cornor of Cedar Cliff
Drive and west shore Drive and which Doint is also at the northern
!ire of Lot No. 3 or, the P=aD of rats hereinafter referred to; thence
al.crc the eastern Sine Of West Shore Drive, Ncrth 16 degrees 53
miriut:--9 -.`Q i*r-0-1d,9 FARt-, An fPPt to a point at the southern lino of
Lot Nc. 7 on tree Plan of rots hereinafter referred o; thence along
the Southern line of Lot No. 1 aforesaid, South 73 degrees 6 Tnirutes
30 seconds East, 13'4 feet no a poi; nt at other lands now or formerly of
Willard F. Keiser, Jr. and Anna Y, Keiser, his wife; thence along
other l,and6 now or formerly of Willard F_ Keiser, Jr. and Arnie- M.
Keiser, hio wife, South 1G degrees 53 minutes aft -ouuoj4ab; West., 85 feet
to a point at the northern line of Lot No. 3 on the Flan of Lots
hereinafter refe_reu to; thence along the northern line of Lot No. 3
aforesaid, North ?, degrees 6 minutes 30 seconds West, 134 feet to a
point, being the place of BEGINNING.
BEING Lot No. 2 on a Plan of Lots 1L neon as P`:2in No. B-2 Cedar Cliff
T! Rnnr, rr-rnrrlPr41 i.n . jht CUrrberlar-d r't5unty Rwnnrdnr' r, of f i nn in 1'21 :n
Hook 10, Page 35. ,
HhVING erected thereon a one story brick and aluminum dwelling known
and numbered 21 west Shore Drive, Camp Hill, Pen:nsylvanWa.
BEING THE SAME PREMISES which Helene Saur, Executrix of the Estate of
Michael A, Hasa, deceased, by Deed dated June 15, 2001 and. which is
intended to be recorded, granted and conveyed unto J'aanna T. Branch.
I Cep ifv this to be recorded
I.n...Cumberl nd..Countv..P,pi__ _
Recorder of Deeds
8Ki726PG4900
03!1572010 2:25:06 Pi I LVIVBcRLAAID CCunRy inSt.R 200121605 - Page 17 of 17
BankofAnterica
Isip- PRESORT
Nome Loans First-Class Mail
PO Box 9048 U.S. Postage and
Temecula, CA 92589-9048
WSO
111111111111111111111 Fees Paid
7113 8257 1473 8750 6344
Send Payments To.
PO Box 660694
Dallas. TX 75266-0694
Send Correspondence to:
PO Box 5170; MS SV314B
Simi Valley, CA 93065
-ouioa-?
eLaPAI
Joanna T Branch
21 W SHORE DR
C/O JO ELLEN ENDERS
CAMP HILL, PA 17011-7718
1225-3
1
E(H181T a
Bankof America
"?j
Holm Loans
P.O. Box 660694 Send Payments to:
Dallas, TX 75266-0694 Box 660694
P- 0-
D
allas,
Dallas. TX 75266-0694
01/04/2010
Certified Mail:
7113 8257 1473 8750 6344
Return Receipt Requested
Regular Mail
Joanna T Branch Account No.: 2151709
21 W SHORE DR Property Address:
C/O JO ELLEN ENDERS 21 West Shore Drive
CAMP HILL, PA 17011-7718 Camp Hill, PA 17011
Current Servicer:
BAC Home Loans Servicing, LP
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific
information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your
home. This Notice explains how the program works.
To see if HEMAP can help, you 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 Aaencv.
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 NOTIFICACIll EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO
EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Joanna T Branch
PROPERTY ADDRESS: 21 West Shore Drive
Camp Hill. PA 17011
LOAN ACCT. NO.: 2151708
ORIGINAL LENDER:
CURRENT LENDER/SERVICER: BAC Home Loans Servicing. LP
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
BAG Home Loans Servicing. LP is a subsidiary of Bank of America, N.A.
Please write your aril number on .1 1 he ,.Ks and ncrrespnndeme_
We may charge you a fee for any payment retumect cr rejected by yourflnancial InsMuSnn, subje-t to applicable law. BLQPAI 832010792 0N1( OCR
Payment MOM Ions: Account Number:
Joanna T Branch Balance Due for charges listed above: $3,038.44 as of January 4, 2010.
• Make yourcheudt payable to BAC 21 West Shore Drive
H,h!o Loans 5 rviano, LP P;sase Ardate a-nall inrormation im the reverse; side oftnis cuuo(,n.
• D:,n t sond -- Camp Hill, PA 17011
• Please molude C,uf;or, w=ih your A(IHbb-,
payment Pna Via/
F aal f -l! nth Gay ! nt ceriucls tte. eel
s calcuhted on a mentliy basis.
A--Jirgy, interest tir al full momns,
nGuJrg February. is caluulatet a
"t )!-%0 ^f annual merest.rrespective of
t i actt.!.al nt r the-r of j.y, in th, t nntl 1.
F.. part, me rths. -interest is --hied
. wy nn the basis of a X85 ray year.
BLOPAI
A7771
III'Illllll'I'II"Illlrllllllll"'ll'lll'I"II'lll'lllnrlllllr ??"'"
BAC Home Loans Servicing, LP
PO BOX 660694 C-A
Dallas, TX 75266-0694 rorv
002151709900000303844000303844
is 5B6990? 58x:00 2 IS 1 70911'
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
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.)
NOTICE OF INTENT TO FORECLOSE
YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE.
YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
21 West Shore Drive Camp Hill. PA 17011
IS SERIOUSLY IN DEFAULT because
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts
are now past due
Monthiv Charcles: 11101/2009
12/01/2009
Late Charaes: 11/01/2009
Other Late Charges: Total Late Charges:
BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A.
E-mail use: Providing your e-mail address below will allow us tD send you information on your account.
Account Number: 2151709
Joanna T Branch E-mail address:
$977.04
$1,974.04
$77.36
$10.00
how we post your paymerds: All accepted
payments of principal and interest will be applied to
the longest outstanding installment due, unless
otherwise expressly prohibited or limited by law- If
you submit an amount in addition to your scheduled
monthly amount, we will apply your payments as
follows: (i) to outstanding monthly payments of
principal and interest, (ii) escrow deficiencies, (iii)
late charges and other amounts you owe in
connection with your ban and (iv) to reduce the
outstanding principal balance of your ban. Please
specify if you want an additional amount applied to
future payments, ratherthan principal reduction.
Postdated checks: Postdated checks will be
processed on the date received unless a loan
counselor agrees to honor the date written on the
check as a condition of a repayment plan.
Uncollected Costs: $0.00
Partial Payment Balance: ($0.00)
TOTAL DUE: $3,038.44
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 $3,038.44. PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cashier's check, certified check or money order made payable and sent to:
BAC Home Loans Servicing, LP at P.O. Box 660694, Dallas, TX 75266-0694.
You can cure any other default by takina the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if
not applicable)
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 attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's
fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the 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 Sheriff's Sale of the
mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual
date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: BAC Home Loans Servicing, LP
Address: P. O. Box 660694 Dallas, TX 75266-0694
Phone Number: 1-800-669-6654
Fax Number: 1-805-577-3432
Contact Person: MS TX2-981-03-03
Attention: Loan Counselor
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your
furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage
debt, provided that all the outstanding payments, charges and attomey's fees and costs are paid prior to or at the sale and that
the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A.
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
INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an
inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii)
verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the
inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing
the property, and valuation services) may be taken. The costs of the above-described inspections and property
preservation efforts will be charged to your account as provided in your security instrument.
If you are unable to cure the default on or before February 3. 2010, BAC Home Loans Servicing, LP wants you to be aware of
various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your
property. For example:
• Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAG Home
Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing. LP receive, up front, at least Y2 of
the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with
the regular monthly payment, over a defined period of time. Other repayment plans also are available.
• Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the
loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This
foreclosure alternative, however, is limited to certain loan types.
• Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the
sale of your home can be approved through BAC Home Loans Servicing, LP even if your home is worth less than
what is owed on it.
• Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious
financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder
and avoid the foreclosure sale.
If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing. LP, you must contact
us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be
extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan
documents and as permitted by law, unless it agrees otherwise in writing. Failure to bing your loan current or to enter into a
written agreement by February 3, 2010 as outlined above will result in the acceleration of your debt.
Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Centel- immediately
at 1-500-669-6654.
I CONSUMER CREDIT COUNSELING AGENCIF,S SERVING YOUR COUNTY
CUMBERLAND COUNTY
Adams County Interfaith CCCS of Western PA Community Action Commission
Housing Authority 2000 Linglestown Road of Capital Region
40 E High Street Harrisburg, PA 17102 1514 Derry Street
Gettysburg , PA 17325 688.511.2227 Harrisburg, PA 17104
717.334.1516 717.232.9757
Loveship, Inc. Maranatha PHFA
2320 North 5th Street 43 Philadelphia Avenue 211 North Front Street
Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg, PA 17110
717.232.2207 717.762.3285 717.780.3940
800.342.2397
BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A.
V E R I F I C A T I O N
The undersigned, hereby states that he/she is the attorney for
the Plaintiff, a corporation unless designated otherwise; that
he/she is authorized to make this Verification and does so because
of the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he/she
has personal knowledge of some of the facts averred in the
foregoing pleading; and that the statements made in the foregoing
pleading are true and correct to the best of his/her knowledge,
information and belief and the source of his information is public
records and reports of Plaintiff's agents. The undersigned
understands that this statement herein is made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
UDREN LA OFFIC S, P.C.
BY:
Attorneys for aintiff
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
LOUIS A. SIMONI, ESQUIRE
ADAM L. KAYES, ESQUIRE
MARGUERITE L. THOMAS, ESQUIRE
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302 ~i' ~~ ~`Tt'1G'~
STUART WINNEG, ESQUIRE - ID #45362
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~~" ~ j ~ °~~~ r.?
LORRAINE DOYLE, ESQUIRE - ID #3457 6 ~~ ~ ~ ~,~-`, ~ ~ ~•`~i ~O:
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ;,~1• ~~~~`~,^='s~ ~~;~~y}"
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ADAM KAYES, ESQUIRE - ID #86408 ":~`°=,'!_l`,,=~-~~~:
MARGUERITE THOMAS, ESQUIRE - ID #204460
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400 pleadings@udren.com
BAC Home Loans Servicing, LP €COURT OF COMMON PLEAS
f/k/a Countrywide Home Loans :CIVIL DIVISION
Servicing LP :Cumberland County
Plaintiff
v. €NO. 10-2515
Malcolm L. Wells, Executor of
the Estate of Joanna T. Branch
and
Jo Ellen Enders (Real Owner)
Defendant
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly mark the above DISCONTINUED WITHOUT PREJUDICE.
DATED:August 31, 2010
FFICES, P.C.
MJU# 10030302-1
A o y~ for ~1`tiff
K J. UDREN, ESQUIRE
S UART INNEG, ESQUIRE
LO RAINE DOYLE, ESQUIRE
A M. INATO, ESQUIRE
CHAND ARKEMA, ESQUIRE
ADAM KAYES, ESQUIRE
MARGUERITE THOMAS, ESQUIRE