HomeMy WebLinkAbout10-5587RD-O:-'FIcE
OF T1rE_ PROTHICINOTARY
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq.
Attorney I.D. No. 64068
305 York Road, Suite 300
Jenkintown, PA 19046
(215)572-5095
J ?'_!G 23 AM 11: 31
ATTORNEY FOR PLAINTIFF CUBERLA D COL
COURT OF COMMON PLEAS PENNSYLVANIA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
ON BEHALF OF THE HOLDERS OF THE TERWIN
MORTGAGE TRUST 2006-7, ASSET-BACKED
CERTIFICATES, TMTS SERIES 2006-7
v.
Plaintiff
TERM n
'X87 " i tT,1 0
NO. l0 0
HOLLY Y. MOORE
407 SCOTT DRIVE
SHIPPENSBURG, PA 17257
RUBEN MOORE
407 SCOTT DRIVE
SHIPPENSBURG, PA 17257
Defendant(s)
CUMBERLAND COUNTY
CIVIL ACTION - LAW (3.0 REAL PROPERTY)
COMPLAINT IN MORTGAGE FORECLOSURE
3010 FORECLOSURE NOTICE
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, OR
CANNOT AFFORD ONE, 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.
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
(SEE ATTACHED ESPANOL AVISO) O
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AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE CONTRA LAS
DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, ES ABSOLUTAMENTE NECESARIO QUE
USTED RESPONDA DENTRO DE VEINTE (20) DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA
Y AVISO. HACE FALTA ASENTAR UNA COMPARENCIA ESCRITA 0 EN PERSONA 0 CON UN
ABOGADO Y ENTREGAR A LA CORTE EN FORME ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS
DEMANDAS ON CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, SUYA SIN
PREVIO AVISO 0 NOTIFICACIbN. ADEMAS, LA CORTA PUEDE DECIDIR A FAVOR DEL
DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA
DEMANDA. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADES Y OTROS DERECHOS
IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY A EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Resources Available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (our client) has filed an Action in Mortgage Foreclosure against you,
you may still be able to SAVE YOUR HOME FROM FORECLOSURE.
1) Call an attorney. For referrals to a qualified attorney call the following number(s):
(717) 240-6200.
2) Call the Consumer Credit Counseling Agency at (800) 989-2227 for free counseling.
3) Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their
Homes.
4) Call Plaintiff (your lender) at (800) 211-6926 and ask to speak to someone about Loss
Mitigation or Home Retention options.
5) Call or contact our office to request the amount to bring the account current or payoff the
mortgage, or request a Loan Workout / Home Retention Package. Call and ask for our
Homeowner Retention Department at (215) 572-5095 or via email at
homeretention@federmanleeal.com.
*** Para informacion en espanol, si puede comunicarse con Tomas al (215) 572-5095 ***
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS
DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,
BUT ONLY ENFORCEMENT OF A LIEN AGAINST REAL ESTATE.
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES
ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY
DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION
THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE
NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF
DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE
END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST
CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR
ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS
ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN
EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND ADDRESS OF
THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY
PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS
COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO
COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED
INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS
AND OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT.
IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE.
Plaintiff is:
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
ON BEHALF OF THE HOLDERS OF THE TERWIN
MORTGAGE TRUST 2006-7, ASSET-BACKED
CERTIFICATES, TMTS SERIES 2006-7
2. The name(s) and last known address(es) of the Defendant(s) are:
HOLLY Y. MOORE
407 SCOTT DRIVE
SHIPPENSBURG, PA 17257
RUBEN MOORE
407 SCOTT DRIVE
SHIPPENSBURG, PA 17257
who is/are the Mortgagor(s) and/or Real Owner(s) of the Property hereinafter described.
3. On or about 4/3/06 Mortgagor(s) made, executed and delivered a Mortgage upon the Property
hereinafter described to HERS as Nominee for Colorado, FSB, which Mortgage is recorded in the
Office of the Recorder of Deeds of Cumberland County in Book 1946, Page 310 (the "Mortgage").
The Mortgage was last assigned to Plaintiff by Assignment of Mortgage. Plaintiff is the real party in
interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder, and an
Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording in the Office of the
Recorder of Deeds in the ordinary course of business. The Mortgage, Mortgage Modification Agreement(s),
and/or Assignment(s), if any, are matters of public record and incorporated herein by reference, in
accordance with Pa.R.C.P. 1019(g), which Rule relieves Plaintiff from the obligation to attach to pleadings
any document that is of public record.
The Property subject to the Mortgage is more fully described in the legal description attached hereto
as Exhibit "A" (the "Property").
The Mortgage is in default because monthly payments of principal and interest are due and unpaid
for 4/1 /10 and each month thereafter. By the terms of the Mortgage, upon failure of Mortgagor(s) to make
such payments after a date specified in written notice sent to Mortgagor(s), the entire principal balance
and all interest due and other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance
Interest at 7%
3/1/10 to 7/1/10
(Per Diem $36.62)
Attorney's Fees
Cumulative Late Charges
4/3/06 to 7/1/10
Property Inspection(s)
Corporate Advance
Cost of Suit and Title Search
Escrow Balance
190,990.54
5,152.38
1,300.00
199.47
11.35
152.85
750.00
(1,645.60)
TOTAL 196,910.99
7. If the Mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the
amount demanded based on work actually performed. The attorney's fees requested are in conformity with
the Mortgage documents and Pennsylvania Law. Plaintiff reserves its right to collect attorney's fees up to
5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's
Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the
Action.
Plaintiff does not seek a judgment of personal liability (or an in personam judgment) against Defendant(s) in
the Action. Plaintiff does, however, reserve the right to bring a separate action to establish that right, if such
right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding,
this Action of Mortgage Foreclosure is in no way an attempt to reestablish the personal liability discharged in
bankruptcy, but is intended only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania
Law.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974 ("Act 6"), Notice of Homeowner's Emergency
Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 1998 ("Act 91 "), and/or Notice of
Default as required by the Mortgage document, as applicable, have been sent by regular and certified mail to
the Defendant(s) on the date(s) set forth in the true and correct copies attached hereto as Exhibit "B." The
temporary stay as provided by said notice is no longer in effect because the applicable time period therein has
expired and/or Defendant(s) have been denied assistance by the Pennsylvania Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem judgment in mortgage foreclosure in the sum of
$196,910.99, together with interest from 3/1/10 at the rate of $36.62 per diem to the date of Judgment, and other
costs and charges incurred by Plaintiff that are properly chargeable in accordance with the terms of the
Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the
Mortgage and Sheriffs Sale of the Property.
FEDERMAN & ASSOCIATES, LLC
By:
Thomas M. Federman, Esq.
Attorney ID No. 64068
Attorney for Plaintiff
EXHIBIT
«A„
EXHIBIT A
?I.L that eertairt tract of land situate in the Borou,? of S hilipensburg, Cumberland County,
Penhsyrvania, knowaa and numbered xs Lot 28, Scott Drive, on a Subdivision Plan for G&C AssociateS,
Bellwood Reights West, l'ltase 7, by John t. Mssbtger, Sum-eying, dated January 16,1995 recorded in
the Recorder of Deeds Office in and for Cumberland County, Penmylvxsla, Plan Book 70 Page 54, more
particularly bounded and described as follows:
HFGRNNMG at a point at the common corner of Lot 27 acrd 28 on the edge of the right-of-way of Scott
Drive, thence along the edge of Scott Drive North 76 degrees 03 minutes 00 seconds Fast a distance esf
110.00 Beet to a point; thence by other lands now or formerly of G & C Associates South 13 degrees 57
snttaate 100 seeotnde Pact a distance of 120 feet to a point; thence along other lands of G & C Associates
South 76 degrees 03 minutes 00 seconds West a distance of 110.06 feet to a point; thence along Lot 27
North 13 degrees 57 minutes 00 seconds West a distance of 120.00 feet to A point the place of
BEG VING•
CONTAINING t total lot area of 0.3030 acres, more or less. BEING all of Last 28 on the Subdivision Plan
of Hallwood Heights West, Phase 2, having as address of 407 Scott Drive, Shippettsbur& PA 17257.
SUBJECT to a 37.5 foot wide pubbe utillty easement along the portion of the lot adjoining Lot 27 as set
forth on the Si tbilh isien Plan and the building setback lines as delineated on the said Plan.
BEING PART OF THE SAME PREMISES which West End Land Company of ShippendmM by Deed in and far
dated October 15, IM and recorded October 16,1992 in the Office of tk Recorder w EL Scott
Cumberland Cons", painaylvania, in Record Book X 35, Page 12, granted
Garling and Michael J. Cassidy, Co-pattnars, t/d/b1a G & C Associates.
UNDFR AND SUBJECT, nevettbelcos, to such agreements, conditions, and restrictions as appear of
record, iatdnding the following specific deed restrictions numbered 144 inciadv% and subject to a ten
(10) feet wide easement extending along all lot lines for utilities and drainage easements.
lr sTRICTIONS
1. No lot shall be acted, except for residential purposes, and no buildbW shall be erected, altered.
placed or permitted to remain on any ]at other ftan. one (1) daached, one or two funnily dwelling house,
not to exceed two and one-lutlf (2 %) stories in beiglrt, and a private garage not larger than necessary to
accommodate facer (4) passenger automobiles. feet of
2. The mnnimum. square footage of any dwelling house shall be a teast hundred (ISO) square
habitable Roar area. "HaWtabie floor area" means the Sam of the gross biorhostw interior areas of all
roams used for habi "-, it exclisda garages, baseasenb, attics and unheated rooms each as tackwed
porches. The coat of any such dwelling boost shall not be less than thirty thousand M6,000.00) Dollars
based upon 1978 construction costa, excluding the toots of the lot
3. No building part of a building, a porch or other structure shall be built on any lot closes' to the
center of any public road or highway than fifty (50) feet.
4. No banding, part of a buildia& porch or other strtaetare shall be built on any lot nearer to as
brurior lot lien than the distances specified in the 8bippenabarg Borough Smbdivndion Ordetance in effect
on October 15,1991 of and
5. There k reserved for the benefit of each lot an easement and right passage along the rear
side lot tines for installation and maenteua= of electric, telephone, M water, newer and other utility
lines.
S. No sign of any lead sball be displayed to the public view an say lot, except that on any lot one
professional dga not bujor than one (1) foot square in site may be ended o in she way be should
?? and
property be for sale or for rent, one sign of not mc" than two (2) feet square
displayed, adva liting that the property is for sale or r4wa , that this restriction shall am be construed to
prevent the rrection and display of sips used by a builder to advertise the property during con0ruction
And- a.
7. No animals, livestock or poultry of any land shall be raised, bred or kept upon any lot, except that
dogs, cots or other household pate may be kept, provided they are not kept, bred or maintained for any
commerdal P???'?,
B. No lot shall be used for a dumping ground for rubbish, and no trash, ggrbage or waste. material.
shall be kept upon the lot except temporarily Rod M sanitary contSWOrs, and all incinerators or other
egWpaseat for the storage and disposal of satcb material shall be kept In a clean and gauitan• condition..
'Alff'larrns shag be kart nelred and weeds cut t0 a height of not more than eight (8) inches.
9. No fence or any structure or slmilar:trnetare shall be permitted in the front yard of any lot or the
side yard of say lot closer to the center of any putdic roads or higbways than Why (30) feett. No bedges or
other plantings over two (2) fW in height shall be permitted on any froatt yard or in any side yard closer
to the center of any public road or highway than fifty (50) feet.
10. No trailers or a wblle homes or double-wide trailer units shall be permitted as this lot.
11. No abandoned vehicles aaeb as can or tracla or tractors shall be permitted on this lot unless kept
enclosed is the garage.
12. No tracks or tractor trailers or tractors or trailers or over one (1) ton capacity shall be permitted
ox any lot or on public roads or l*hways within the sabdivision at any time except for loading, uaioading
and deliveries.
13. The ezt color or the dwelling house and garagt to be built or erected *A this lot shall be of stone,
brick, clapboard or atusnfnam siding or a combination thereof, concrete or cinder block, permastone,
shingle or similar type of material shall not be used with the exception of concrete block which shall be
need for foundation walls oa1_v and shall not extend above grade unless covered with stone, brick,
clapboard or alumiunm aldIng or any combination thereof,
14. Grantee will be responsible for autrv- g the curb for installation of a driveway to the let; Grantee
will install So ddwmW is the front of the lot in accordance with final determination of the Sbdppenaburg
Borough Planning Conkndufiom and the Shippeaslmrg Borough Cmmeg.
Parcel No.: 32-34-2413-300
c; 0%. recorded
;-ountY PA
- f?
(1,k.r C,.Tder of Deeds
1.
.-I . ...... -.- - .- - r
EXHIBIT
«B„
Date: July 30, 2010
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 MORTGAGE ASSISTANCE PROGRAM
(MAP) 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 Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have any questions, you may call
the Pennayh?ania Housing Finance Agency toll free at: 1-NO-342-2397. (Persons with
impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area The local bar association may be
able to help you find a lawyer.
** La notificacift en adjunto es de suma importancia, pues afecta su derecho a continuer
viviendo en su case Si no comprende el contenido de esta notificacibn obtenga Una
traduccibn inmediatamente llamando esta agencia (Pennsylvania Housing Finance Agency)
sin cargos al numeeo mencionado arriba Usted puedes ser elegible para un pr6stamo por
el programs llamado "Homeowner's Emergency Mortgage Assistance Program" el coal
puede salvar su casa de la perdida del derecho a redimir su hipoteca. **
Law Offices of
FEDERIVIAN & ASSOCIATES, LLC
305 Old York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
Fax: (215) 572-5099
info@federmanlegal.com
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST REAL ESTATE.
DATE: July 30, 2010
HOMEOWNER'S NAME(S): Holly Y. Moore and Ruben Moore
PROPERTY ADDRESS: 407 Scott Drive
Shippensburg, PA 17257
LOAN ACCT. NO: 1004863231
ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc. as nominee for Colorado,
FSB
CURRENT LENDER/SERVICER: U.S. Bank National Association, as Trustee on behalf of the holders of
the Terwin Mortgage Trust 2006-7, Asset-Backed Certificates, TMTS
Series 2006-7
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE
FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
2
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies
listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY
FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP
TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the uronerty 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.)
3
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it uo to date).
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your
property located at: 407 Scott Drive, Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are past due:
(a) Monthly payments for 4/1/2010 to 7/1/2010
at $1,329.94/month $5,319.76
(b) Previous late charges
$199.47
(c) Other charges; Escrow, Inspection, NSF Checks $152.85
TOTAL AMOUNT PAST DUE: $5,672.08
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 $5,672.08 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by
cash, cashier's check, certified check or money order made payable and sent to:
LENDER NAME: Specialized Loan Servicing, LLC
ATTN: Loan Servicing Department
ADDRESS: 8742 Lucent Blvd., Suite 300
Highland Ranch, CO 80129
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 uvon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY
veriod, 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 rieht to cure the default and prevent the sale at anv time uv to one hour before the
Sheriffs Sale. You may do so by paying the total amount then past due, plus anv late or other charges
then due, reasonable attorneys fees and costs connected with the foreclosure sale and any
other costs connected with the Sheriffs Sale as specified in writin¢ 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.
4
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately FIVE months
from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you
before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Specialized Loan Servicing. LLC
Address: P.O. Box 261130
Littleton, CO 80163
Phone Number: 1-800-315-4757
Fax Number: 1-720-241-7220
Contact Person: Customer Resolution
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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings
could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You _ may or X may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the
other requirements of the mortgage are satisfied.
YOU MAY 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 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.
5
IT THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq.
(1977), you may dispute the validity of the debt or any portion thereof. If you do so in
writing within thirty (30) days of receipt of this letter, this firm will obtain and
provide you with written verification thereof, otherwise, the debt will be assumed to
be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this
firm will send you the name and address of the original creditor if different from
above.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE.
FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PLEASE SEE THE ATTACHED LIST
SENT VIA REGULAR AND
CERTIFIED MAIL NUMBER
70100780000008993675
70100780000008993668
RETURN RECEIPT REQUESTED
Thomas M. Federman, Esq.
Attorney for Plaintiff
Attorney ID # 64068
6
HEMAP Consumer Credit Counseling Agencies
Report last updated: 3/1/2010 8:47:08 AM
CCCS of Western PA
4402 Peach Street
Erie, PA 16509
888.511.2227 ext
108
888.511.2227 ext
108
DAUPHIN County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Center for Family Services, inc.
213 Center Street
Meadville, PA 16335
814.337.8450
Greater Erie Community Action Committee
18 West 9TH Street
Erie, PA 16501
814.459.4581
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
724.981.5310
St. Martin Center
1701 Parade Street
Erie, PA 16503
814.452.6113
CUMBERLAND County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Deny Street
Harrisburg, PA 17104
717.232.9757
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PA Interfaith Community Programs Inc
40 E High Street
Gettysburg, PA 17325
717.334.1518
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
Community Action Commission of Captial Region
1514 Deny Street
Harrisburg, PA 17104
717.232.9757
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DELAWARE County
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park, PA 19078
215.389.2810
American Credit Counseling Institute
175 Strafford Avenue
Suite 1
Wayne, PA 19087
610.971.2210
888.212.6741
American Credit Counseling Institute
526-528 Dekalb Street
Norristown, PA 19401
610.971.2210
888.212.6741
American Financial Counseling Services Inc.
1080 N. Delaware Avenue
Suite 200
Philadelphia, PA 19125
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
405 West Germantown Pike
Norristown, PA 19403
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
175 Strafford Avenue
Suite One
Wayne, PA 19087
267.228.7903
800.490.3039
Page 8 of 21
f
VERIFICATION
I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is
outside the jurisdiction of the court and/or the verification could not be obtained within
the time allowed for the filing of the pleading, that I am authorized to make this
verification pursuant to Pa.R.C.P. 1024(c), and that the statements made in the foregoing
Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff
and are true and correct to the best of my knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
ZL;?
Attorney for Plaintiff
DATE: /J " L f ??
~~ ~~t~ ~f'S i,
FEDERMAN & ASSOCIATES, LLC !~ Sip -2 FM ~' ~ ~
BY: THOMAS M. FEDERMAN, ESQ., I.D. No. 64068
305 YORK ROAD, SUITE 300 (,'~MQ~ki'u=k'~i1 C~U~
JENKINTOWN, PA 19046 p~NSYLVAt~NA
(215) 572-5095
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
ON BEHALF OF THE HOLDERS OF THE TERWIN
MORTGAGE TRUST 2006-7, ASSET-BACKED
CERTIFICATES, TMTS SERIES 2006-7
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
HOLLY Y. MOORE
RUBEN MOORE
NO. 10-5587- CIVIL TERM
PRAECIPE TO DISCONTINUE AND END ACTION
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter Discontinued and Ended without prejudice
upon payment of your costs only.
THOMAS M. F A.N, ESQUIRE
Dated: ~ ~
---~,~~
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
~4,~rtiLa a~ ~uiy~rr~~?
,¢
~. ~. ~r
r~'~ ','1',~ ~ Yp
(J~' ?N~~~~ TARY
10 SEP - { AM {0~ i 5
Richard W Stewart
Solicitor
US Bank National Association
vs.
Moore Ruben (et al.)
~rF,~£ : - ~ :,,:RIFF
(~jMBE~'u',~`~v ~~
~:rwsnv-
Case Number
2010-5587
SHERIFF'S RETURN OF"SERVICE
08/30/2010 06:41 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
August 30, 2010 at 1841 hours, he served a true copy of the within Complaint in Mortgage Foreclosure,
upon the within named defendant, to wit: Moore Ruben, by making known unto Holly Ruben, Wife of
defendant at 407 Scott Drive, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at
the same time handing to her personally the said true and correct copy of the same.
GERALD WORTHINGT EPUTY
08/30/2010 06:41 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
August 30, 2010 at 1841 hours, he served a true copy of the within Complaint in Mortgage Foreclosure,
upon the within named defendant, to wit: Holly Y. Ruben, by making known unto herself personally, at 407
Scott Drive, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time
handing to her personally the said true and correct copy of the same.
GERALD WORTHINGT ,DEPUTY
SHERIFF COST: $62.00 SO ANSWERS,
August 31, 2010 RON R ANDERSON, SHERIFF
(cj CountySuite Shentt. Teleosoft, Inc.