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HomeMy WebLinkAbout01-1646FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff TERM NO. JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE ~'*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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 PROPERTY. ** 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 TillS 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 9678294 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: JOSEPH T. GRUBB DEBRAA. GRUBB 3810BELLOWSDRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/7/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CORESTATES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1232, Page 847. By Assignment of Mortgage recorded I0/11/94 the mortgage was assigned to BANCORP MORTGAGE, 1NC. which Assignment is recorded in Assignment of Mortgage Book No. 483, Page 993. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due I 1/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 3/1/01 (Per Diem $14.42) Attorney's Fees Cumulative Late Charges 9/7/94 to 3/1/01 Cost of Suit and Title Search Subtotal $57,668.09 2,191.84 2,883.00 159.38 550.00 $63,452.31 Escrow Credit 977.99 Deficit 0.00 Subtotal ($ 977.99) TOTAL $62,474.32 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $62,474.32, together with interest from 3/1/01 at the rate of $14.42 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federn~an FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff First Union Mortgage Corporation Post Office Box 900001 Raleigh, No~th Carolina 2767ti-9001 1100 Corporate Center Drive Raleigh, North Carolina 27607-6066 JOSEPH T GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. St~ecific information about the nature of the default is provided in the attached pages The HOMEOWNER'S 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 tho Counseling Agency~ The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. lfyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearin~ 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 NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. E,XHIBIT A First Union Mortgage Corporation Post Office Box 900001 Raleigh, North Carolina 27676~001 1100 Corporate Center Drive RaJeigh, North Carolina 27607-5066 DEBRA A GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 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 oaees. The HOMEOWNER'S 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 the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Count~ arc' listed at the end of this Notice. If you have any auestions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearine 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 lind a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECH0 A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TP,~.DUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRiBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT A Mortgagor Co-mortgagor Property Address FUMC Loan Number Original Lender Current Lender/Servicer DEBRA A GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 0009678294 Fimt Union Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thin,, (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseline aaencies 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 a 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 Housin~ Finance Agency has sixty (60) days to make a decision after it receives your application. During that ti~e. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth EXHIBIT A 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 PURPOSE 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.) HOW TO CURE YOUR MORTGAGE DEFAULT {Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 3810 BELLOWS DR, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StarffEnd: 11/01/2000 through 02/01/2001 at $749.02 per month. Total Amount of Delinquent Payments Due 2996.08 Late Charges 134.15 Property inspections and NSF check charges, if any 15.00 Other charges accrued, if any 32.50 LESS: Suspense (unapplied funds) 0.00 TOTAL AMOUNT OF DELINQUENCY 3177..73 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A 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 $ 3177.73, 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: First Union Mortgage Corporation, Attention: Payment Processing, 1100 Corporate Center Drive, Raleigh, NC 2760%5066. 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. The 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 attorney to star~ legal action to foreclosure upon your mortgage orooerty. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay offthe 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 reasonabIe costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fee~. 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 tQ 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 an,/late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the SherifF's Sale as specified in writing by the lender and by performing an,/other requirements under the mortgage. Curing EXHII31T A 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 exacffy what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Union Mortgage Corporation Attention: Payment Processing 1100 Corporate Center Drive Raleigh, NC 27607-5066 Phone: (800) 654-1350 Fax: (919) 852-7424 Contact: Edward Eary 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 Sherifl's Sale, a Iawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who wilt assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost 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 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Sent by' Regular Ma , Certificate of Mailing (PS Form 3877), and Certified Mail Sincerely, Edward Eary Delinquency Control Mortgage Loan Scrvicing Group BLPAOI EXHIBITA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY COLUMBIA COUNTY CRAWFORD Lycoming-Clinton Countgs Coromision for Community Action (STEP) 2138 Lincoln Street P.O. Box I328 Williamspo~ PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Not.eastern PA 201 Basin Street Williamspon. PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1 I27 Wilkes-Barre, PA 18702 (570) 821.0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzem¢ County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826.0510 or (g00) 822.0359 FAX (570) 829-1665-.-(Call Before Faxing) (570) 455-4994 Hzz~ltown FAX (570) 455-563 l~Call Be for~ Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20a Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 RLAND CO Urban League of Metropolitan Harrisburg N. 6t~ Street Hamsburg, PA 17[01 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Northeastern PA 1631 South Atherton St., Suit~ I00 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suit~ I Clark~ Summit PA 18411 (570) 58%9163 or (800) 922-9537 FAX (570) 587-9134.9135 Greater Erie Community Action Committee la West 9* Street Erie, PA 16501 (814) 459-4581 F.&X (814) 456-016 I Shenango Valley Urban League, Inc. 60I Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3~ Street Wayneaboro. PA 17268 (717) 762-3285 YWCA of Carlisle 301 ~G" Street Carlisle, PA 17013 ~ (717) 243-3815 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBITA ALL TUAT CERTAIN lot or piece of ground, with the buildings and improvements 'there6a erected, situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINT~ING at a point on the southern right-of-way line of Bellows Drive at the dividing line between Lots Nos. 23 and 24 of the hereinafter mentioned Plan; tl~ence by the southern line of Bellows Drive aorth 82 degrees 25 minutes east a distance of 100.31 feet to a point at the dividing line between Lots Nos. 22 and 23 of the Plaa; thence by said dividing llne south 7 degrees 35 minutes east a distance of 116.47 feet to a point at line of Lot No. 21 of the Plan; thence along the s~ne south 64 degrees ~9 minutes 40 seconds west a distance of 13.12 feet to a point at the dividing line between Lots Nos. 23 and 24-X of the Plan; thence along the same south 66 degrees 38 minutes 12 seconds west a distance of 53.63 feet to a point at the dividing line between Lots Nos. 23 and 2z~ of the Plan; thence by said dividing line north 22 degrees 35 minutes 20 seconds west a distance of 139.75 feet to a point on the southern line of Bellows Drive, the point and place of BEGINNING. BEING ali of Lot No. 23, Block o, Plan lZ~, Pinebrook, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County i~ Plan Book 23, at Page 148. }~AVING thereon erected a single family dwelling known and n~nbered as 3810 Bellows Drive. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises conveyed to Elvin R. IIelsel, deceased, by Deed of Erika ~'~. l{eisel aka Erika Boyanowski Helsel, dated August 23, 1981 and recorded in the Office of the Recorder of Deeds in and for C~,berland County, ?ennsyivania in Deed Bo_Q~Y¥~Uoi~ _2~.~_ ~p~.ge VERIFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2001-01646 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND MORTGAGE ELECTRONIC REGISTRATI VS GRUBB JOSEPH T ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GRUBB JOSEPH T unable to locate Him COMPLAINT - MORT FORE but was in his bailiwick. He therefore returns the , NOT FOUND , as to the within named DEFENDANT , GRUBB JOSEPH T DEFENDANT MOVED LEFT NO FORWARDING ADDRESS WITH PO Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 FEDERMAN AND PHELAN 04/19/2001 Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of __ ~x3/ A.D. Pro[h~notary · ' SHERIFF'S RETURN - CASE NO: 2001-01646 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CI/MBERLAND NOT FOUND MORTGAGE ELECTRONIC REGISTRATI VS GRUBB JOSEPH T ET AL Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT GRUBB DEBPJt A ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT GRUBB DEBRA A DEFENDANT MOVED LEFT NO FORWARDING ADDRESS Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 NOT FOUND 5.00 21.00 FEDERMAN & PHELAN 0 /19/2001 Sheriff of Cumberland County Sworn and subscribed to before me this ~q ~ day of ~ ~_~/ A.D. pr o~c h~not airy · FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA. PA 19103-1814 (215 ) fi63-7000 COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff v. NO. OI '" CUMBERLAND COUNTY JOSEPH T. GRUBB DEBRA A. GRUBB 3810BELLOWS DRIVE CAMP HILL, PA 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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 PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the follox,Ang 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 ifyoa 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We hereby certify the within to bo a true and correct copy of tho original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD la T~tmo~V ~h~e~, I her~ un~o ~t r~ ~mi Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRiVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/7/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CORESTATES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1232, Page 847. By Assignment of Mortgage recorded 10/11/94 the mortgage was assigned to BANCORP MORTGAGE, INC. which Assignment is recorded in Assignment of Mortgage Book No. 483, Page 993. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/I/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forth~ith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 3/1/01 (Per Diem $14.42) Attorney's Fees Cumulative Late Charges 9/7/94 to 3/1/01 Cost of Suit and Title Search Snbtotal $57,668.09 2,191.84 2,883.00 159.38 550.00 $63,452.31 Escrow Credit 977.99 Deficit 0.00 Subtotal ($ 977.99) TOTAL $62,474.32 The attorney's tees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the eveat ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A.' 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against tile Defendant(s) in the sum of $62A74.32, together with interest from 3/I/01 at the rate of $14.42 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of tile mortgaged properD'. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff First Union Mortgage Corporation Post Office Box 900001 Raleigh, Nor~a Carolina 27675-9001 1100 Corporate Center Ddve Raleigh, North Carolina 27607 -5066 JOSEPH T GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 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 t HEMAP) may be able to help to save your home. This Notice explains how the preo. ram works. To see ifHEMAP 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 the _Counseling Agency. The name, address and phone number of Consumer Credit Counselin[ A~encies serving your County are listed at the end of this Notice. If you ha~e any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons ~,,ith impaired hearin~ can call {717) 780-I869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANC[A. PUES AFECTA SU DERECHO A CONT[NUARVIVIENDOENSUCASA SI NO COMPRENDE EL CONTENIDO DE EST'\ NOTIFICACION OBTENG.k UNA TR~\DUCC[ON INMEDITAMENTE LLAMANDO ESTA AGENCIA IPENNSYL\ ANIA HOUSING FINANCE AGENCYI SIN CARGOS AL NUMERO MENCIONADOARR[B.\ PUEDESSERELEG[BLEPARAUN PRESTAMOPORELPROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTG,kGE ASSISTANCE PROGR.\M" EL CU:\L PUEDESALVARSU CASk DE LkPERDID\DEL DERECHO x~REDIMIRSU HIPOTECA EXHIBIT A First Union Mortgage Corporation Post Office Box 900001 Raleigh, North Carolina 27675.9001 1100 Corporate Center Drive Raleigh, North Carolina 27607~066 DEBRA A GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice that the mortgaee on your home is in default and the lender intends to foreclose. Specific information about the nature &the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGIL~.M (HEMAP) may be able to help to saxe your home. This Notice explains how the proeram 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 the Counseline Agency. The name, address and phone number of Consumer Credit Counseling Agencies ser'~ine your County are listed at the end of this Notice. If you have any questions, you may call the Pennsvl',ania Housin~ Finance Aeencv toll free at 1-800-342-2397. (Persons with impaired hearin~ can call t71% 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may bc able to help explain it. You may also ~ant to contact an attorney in your area. Thc local bar association may be able to help you find a L:\ NOTIFICACION EN AD JUNTO ES DE SLMA IMPORT \NCI.\. PUES AFECTA SL DERECHO \ CONT[NUARXI\'[ENDOENSUCASA. SI NO COMPRENDE EL CONTEN[DO DE EST."' NOTIFICACION OBTENG,\ UN..\ TRADUCC[ON INMEDITAMENTE LLAMANDO ESTA AGENCIA {PENNSYL\ ANI.\ HOUSING FINANCE AGENCY} SIN CARGOS AL NUMERO MENC[ON.\DOARR.[B:\ PLEDESSERELEG[BLEPAR:\UNPRESTAMOPORELPROGR'\MA LLAM.\DO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE S.\LVAR SU CASA DE L:\ PERDID.\ DEL DERECHO A REDIMIR SL' HIPOTEC \. EXHIBIT A Mortgagor Co-mortgagor Property Address FUMC Loan Number Original Lender Current Lender Servicer DEBRA A GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 0009678294 First Union Mortgage Corporation 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't, 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 130) 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 a~encies listed at the end of this notice the lender may NOT take action against you for thin,. (30) days after the date of this meeting. The names, addresses and telephone numbers of desitmated consumer credit counseling aqencies for the county in which the property is located are set fo~h at the end of this Notice. It is only necessao' to schedule one face-to-face meeting Advise your lender immediateN of your intentions. APPLICAIION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of.',our default. I If you have tried and are unable to resolve this problem with the lender, you have the right to apply for hnancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out. si~zn and file a completed Homeowner's Emergency Assistance Program Application ,aith one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counsel~'n~ agencies have applications for the program and they will assist you in submitting a complete applicati~ to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirt? (30) days of your face-to-face meeting '~Ot MUST FILE YOUR APPLICATION PROMPTLS. IF YOU FAIL TO DO SO OR IF '~OL DO NOT FOLLO'O, THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME 151MEDL~.TELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE %ILL BE DENIED. AGENCh ~CTION- V, ailablc l'unds tbr cmcrgcnc.,, mortgage a>:-.~stance are ', er? limited The.,. ,.,.ill be disbursed b,. thc Agency ander thc eligibility criteria established b? th,: .'.,ct. The Penns?,ania Housing Finance A~nc`. has sixty {601 days to mak~a decision atler it recci,.es ?our application During that time. no foreclosure broceedings v, ill bc pursued against you i f.`.ou have met the time requirements set forth EXHIBITA 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 PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If ,vou have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to datel. NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 3810 BELLOWS DR, CA,MP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and thc following amounts are now past due: Stab/End; 11/01/2000 through 02/01/2001 at S749.02 per month. Total Amount of Delinquent Payments Due 2996.08 Late Charges 134.15 Property inspections and NSF check charges, if any 15.00 Other charges accrued, if any 32.50 LESS: Suspense (unapplied funds) 0.00 TOTAL AMOUNT OF DELINQUENCY 3177.73 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS lDo not use if not applicablel: N/A 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 S 3177.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY i30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: First Union Mortgage Corporation, Attention: Payment Processing, 1100 Corporate Center Drive, Raleigh, NC 27607-5066. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY 130) DAYS of the date of this Notice. the lender intends to exercise its rights to accelerate the morteaee debt. The means that the entire outstanding balance of this debt will be considered due immediately and you ma.,, 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 attorney to start legal action to foreclosure upon your mortea~e property. IF THE MORTGAGE IS FORECLOSED UPON- The tnortgage property will be sold by the Sheriffto pay offthe 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 S50.00. Howexer, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender e~en it' they exceed S50.00 Any attorney's fees will be added to the amount you o,,~,e the lender, which may also include other reasonable costs. If you cure the default within the THIRTY {301 DAY period, you will not be required to p~y attorney's fees OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and alt other sums duc under the mortgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you haxe not cured thc default ~ithin thc THIRTY ~301 DAY period and tbreclosure proceedings have begun, you still haxc the right to cure thc de_~'at_tlt~an~d pre,,cnt the sale at an',' time up~ to one hour before tho Sherifffs Sale. You max do so b~ pawne thc total amount then past duc. plus anx late or other charoes then dne, reasonable attornex's tees and costs conncctcd with the t~rcclosure sale and any other costs connected with the ShcrifFs Sale as s~ificd in x~ritin~ bv thc lender and bv pert-~¢rmin~ an,, other requirements under thc mort,4aoe Curing E×HIBITA 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 mo~gage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice ofthe actual date ofthe Sherifffs 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: First Union Mortgage Corporation Attention: Payment Processing 1100 Corporate Center Drive Raleigh, NC 27607-5066 Phone: (800) 654-1350 Fax: (919) 852-7424 Contact: Edv, ard Eary EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your o,.,.nership of the mortgaged property and your right to occupy it. If you continue to li`.e in the property alter the Sherifl's Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time ASSUMPTION OF MORIGAGE -You. may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee ,,'.'ho will assume the mortgage debt. provided that all the outstanding 3ayments. charge and attome,,,'s fees and cost are paid prior to or at the sale and that thc 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 [F NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER. YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEARI · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA\VSUIT 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 FEDEIL~.L BANKRUPTCY LA\X,. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY [S ATTACHED Sent b.'. Regular Mail. Certificate of Mailing (PS Form 3877), and Certified Mail Sincerely. Ed~ard Ear3 Delmquc nc.', Control Mortgage Loan Scr,, icing Group B L P \~) i EXHIBITA PENNSYLV.4aNIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. a/00) CLINTON COUNTY COLUMBIA COL~TY eRAWFORD CO L~TY Lycoming-Clinton Cotmt~es Commision for Community Action (STEP) 2138 Lincoln Street PO. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCC$ of Northe=tem PA 20l Basin Strut Williamsport. PA 17703 (570) 323-6627 F~,X (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0337 or (gOO) 922-9537 FAX (570) 821.1785 Commission on Economics Opportunity of Luzem¢ County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--{Call Before Faxiag) (570) 455-4994 Haz¢ttown FAX (570) 455-563 l--(Call Before Fxxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-574.4 FAX (814) 5749 John F. Kennedy Center. Inc. 2021 E~t 20t~ Street Erie, PA 16510 (8[4) 898-0400 FAX (814) 898-[243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Han'isburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N, 6u' Street Harrisburg, PA 17[0l (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Den'y Street Hamsburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 L:MB RLAND rNTY CCCS of Northeestem PA 1631 South Athenon St., Suite I00 Sta~ College, PA 16801 (814) 23g-3668 FAX (814) 238.3669 1400 Abington Executive Pack Suite 1 Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 F,~X (570) 587-9134-9135 Greaxer Erie Community Action Committee 18 West 9~ Street Erie, PA 16501 (814) 459-4581 FA.X (g 14) 456-0[6 I Shenangu Valley Urban League, Mc 601 Indiana Avenue Farrall, PA 16121 (412) 981-5310 Financial Counseling Se~ices of Fran[din 31 West 3'~ Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 ~G" Street Carlisle, PA 17013 ~ (717) 243-38Ig F,&X (717) 73[-9589 Adams County Housing Authority. 139-143 C~lisl¢ St. Oet~. sburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLV.~NIA BULLETIN, VOL. 29, NO. 23, JL,'NE 5, 1999 EXHIBITA 'ALL THAT CERTAIN lot or piece of ground, with the buildings and improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGIN?~ING at a point on the southern right-of-way line of Bellows Drive at the dividing line between Lots Nos. 23 and 2g, of the hereinafter mentioned Plan; thence by the southern line of Bellows Drive north 82 degrees 25 minutes east a distance of 100.31 feet to a point at the dividing line between Lots Nos. 22 aud 23 of the Plan; thence by said dividing line south 7 degrees 35 minutes east a dis%anco of 116.&7 feet to a point at line of Lot No. 21 of the Plan; thence along the smne south 6& degrees ~9 minutes &0 seconds west a distance of 13.12 feet to a point at the dividing line between Lots Nos. 23 and 24-X of the Plan; thence along the same south 66 degrees 38 minutes 12 seconds west a distance of 53.63 feet to a point at the dividing line between Lots Nos. 23 and 24 of the Plan; thence by said dividing line north 22 degrees 35 minutes 20 seconds west a distance of 139.75 feet to a point on the southern line of Bellows Drive, the point and place of BEGInnING. BEING ail of Lot No. 23, Block o, Plan 1~, Pinebrook, which Plan is recorded in the Office of the Recorder of Deeds in and for Cu~nberland County i:~ Plan Book 23, at Page lag. HAVING thereon erected a single family dwelling kno'-~ and n~nbered as 381~ Bellows Drive. UNDER ~ND SUBJECi, nevertheless, to easements, restrictions, reservations, conditicns and rights of way of record. BEING the same premises conveyed to Elvin R. Helsel, deceased, by Deed of E~-ika >~. Helsel aka Erlka Boyano~ski Helsel, dated August 23, i98i recorded in the Office of the Recorder of Deeds in and for C,~nberland Count.'.'. ?ennsyivania in Deed Bca~.~cVol'~-_ _P~ge 8..~. VERIFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTOKNEY FOR. PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (21 fi) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff v. NO. ~1 -- It-t/t, JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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 PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the tbllowing 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We hereby certify tho within to be a true and correct copy of the original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD I~ Ta~momj whe~oof, I be~o unto ~ ~ ~ Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: JOSEPH T. GRUBB DEBRA A. GRUBB 3810 BELLOWS DRIVE CAMP HILL. PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/7/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CORESTATES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1232, Page 847. By Assignment o:? Mortgage recorded 10/11/94 the mortgage was assigned to BANCORP MORTGAGE, INC. which Assignment is recorded in Assignment of Mortgage Book No. 483, Page 993. PLAINTIFF is now the legal o~ner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as at~Iached. The mortgage is in default because monthly payments o:~ principal and interest upon said mortgage due ! 1/1/00 and each month thereafter are due and unpaid, and b3 the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 3/I/01 (Per Diem $14.42) Attorney's Fees Cumulative Late Charges 9/7/94 to 3/1/01 Cost of Suit and Title Search Subtotal $57,668.09 2,191.84 2,883.00 159.38 550.00 $63,452.31 Escrow Credit 977.99 Deficit 0.00 Subtotal ($ 977.99) TOTAL $62.474.32 The attorney's fees set forth above are in conformity xvith tbe Mortgage documents and Pennsylvania Law', and will be collected in the e~ent ora third part) purchaser at SherifPs Sale. lfthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Tbis action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S~ {} 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit I0. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program. Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintifff s written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE. PLAINTIFF demands an in rem Judgment against the Defendant(s) itl tile sum of $62.474.32. together witb interest from 3/1/01 at the rate of 514.42 per diem to the date of Judgment, and other costs and charges collectible under the mortar, age and for the tbreclosure and sale of the mortgaged property.. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorne? for Plaintiff First Union Mortgage Corporation Post Office Box 900001 RaJeigh, North Carolina 27675-9001 1100 Corporate Center Drive Raleigh, North Carolina 27607-5066 JOSEPH T GRUBB 31;10 BELLOWS DR CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE February 9, 2001 This is an official notice that the mort~a~2e 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 PROGFLAM (HE,lAP) may be able to he~ to save your home. This Notice explains how the pro,ram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOT[CE Take this Notice with you when you meet the Counseling Agency. The name, address and phone number of Consumer Credit Counselin~ A~encies servine your County are listed at the end of this Notice. If you ha',e any questions, you may call the Pennsylvania Housin~ Finance A~encv toll free at 1-800-342-2397. qPersons with impaired hearin~ 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 ~ant to contact an attorney in your area. The local bar association may be able to help you find a lawyer LANOT[FICACIONENADJUNTOESDESUMAI-\IPORTANCIA PUESAFECTASU DERECHO ~. CONTINUARVIVIENDOENSUCASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENG.\ UNA TR~\DLCC[ON INMED[T,X,\IENTE LLAMANDO ESTA AGENCIA (PENNSYLV:\N[A HOUSING FIN:\NCE AGENCY) SIN CARGOS .~.L NUMERO MENCIONADOARRIB.,\ PUEDESSERELEGIBLEPARAUNPRESTAMOPOREL PROGRAMA LLAM:\DO"HOMEOWNERS E\IERGENC\ MORTGAGE ASSISTANCE PROGRAM" ELCU:XL PUEDE S.\LV.\R SU CAS\ DE LY. PERD[D \ DEL DERECHO .\ RED[MIR SL HIPOTEC.\ F..Y, HIBIT A First Union Mortgage Corporation Post Office I~ox 900001 Raleigh, NortOn Carolina 27675-9001 1100 Corporate Center Orive Raleigh, North Carolina 27607~066 DEBRA A GRUBB 3810 BELLOWS DR CAMPHILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FiROM FORECLOSURE February 9, 2001 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 (HEMAP) may be able to help to save your home. This Notice explains how the proeram works. To see if HEMAP can helm you must MEET WITH A CONSUMER C[LEDIT COUNSELING AGENCY WITHIN 30 DAYS OF- THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counse ne Agency. The name, address and phone number of Consumer Credit Counselin~ Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Atlencv toll free at 1-800-342-2397. (Persons with impaired hearint~ can call {717) 780-1869). This Notice contains important legal information. If you have any queslions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also ~ant to contact an attorney in your area. Thc local bar association may be able to hclp you find a law, er LA NOTIFICACION EN AD JUNTO ES DE SUM.-\ IMPORTANCIA. PUES AFECTA SU DERECHO .\ CONTINUARVIVIENDOEN SUCASA. SI NOCOMPRENDEELCONTENIDODEESTA NOT[F[CACION OBTENG,\ UNA TR.\DUCC[ON INMED[TAMENTE LLAMANDO ESTA AGENC[A (PENNSYL\ ANI.\ HOUSING FINANCE AGENCY/SIN CARGOS AL NUMERO MENC[ONADO.\RRIBA PUEDESSERELEGIBLEPARAUNPRESTAMOPORELPROGRAMA LLAMADO "HOMEO\\ NERS EMERGENCY MORTG.\GE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CAS.\ DE L.\ PERD[D.\ DEL DERECHO A RED[MIR SU HIPOTEC.\ EXHIBIT A Mortgagor Co-mo~gagor Property Address FUMC Loan Number Original Lender Current Lender/Servicer DEBRAA GRUBB 3810 BELLOWS DR CAMP HILL, PA 17011 0009678294 First Union Mortgage Corporation 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 5`IORTGAGE 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 sra.', 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, YeLl 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 COUNSE LING AGENCIES-If you meet with one of the consumer credit counseling a~encies listed at the end of this notice the lender may NOT take action a~ainst you for thirlx (30) days after the date of this meeting. The names, addresses and telephone numbers of desi~_nated consumer credit counseling aqencies 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 a default for the reasons set forth later in this Notice (see follo`.~ing pages for specific information about the nature of hour 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, yeu must fill out. sign and file a completed Homeowner's Emergency Assistance Program Application `.~ith 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 5,lUST be filed or postmark:d ~.',ithin thirty (30) days of your face-to-face meeting. '~O[ M[SIFILE'~OURAPPLICATION PRO,MPTL5. IF'~OU FAIL TO DO SO OR [F 'I OL DO NOI FOLLO~,\' IHE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE 3.1A'~ PROCEED AGAINST YOUR HOME IM\IEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISIANCE "3, ILL BE DENIED. AGENC'~ ACTION- \:ailablc tkmds for emergency mortgage assistance are ,,er.,, Itraited The:. ,.,.ill be disbursed bx the Agency under the eligibililb criteria cstablished by thc \ct. The Pcnns.,.I; ania Housing Finance Agbnc.,, has sixty 1601 dabs to make a decision atler it rcceixes your application. During that time. no foreclosure proceedings v~ill be pursued against you if.,,ou ha,.c mci the time reqmrcmcnts set l'onh EXHIBITA 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 PURPOSE 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the abo,,e lender on your property located at: 3810 BELLOWS DR, CAMP HILL, PA 17011 IS SERiOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 11/01/2000 through 02/01/2001 at $749.02 per month. Total Amount of Delinquent Payments Due 2996,08 Late Charges 134.15 Property inspections and NSF check charges, if any 15.00 Other charges accrued, if any 32.50 LESS: Suspense (unapplied funds) 0.00 TOTAL AMOUNT OF DELINQUENCY 3177.73 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS lDo not use if not applicablel: N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY I30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE: LENDER, WHICH IS S 3177.73. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY 130) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: First Union Mortgage Corporation, Attention: Payment Processing, 1100 Corporate Center Drive, Raleigh, NC 27607-5066. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the defixuh within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortt~age debt. Thc means that the entire outstanding balance of this debt will bc 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 attorney to start legal action to foreclosure upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay offthe 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 550.00. 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 550.00 Any attorney's fees will be added to the amount you owe the kinder, which may also include other reasonable costs If you cure the default ,Mthin the THIRTY t301 DAY period, you ',till not be required to pay attorney's Fees OTHER LENDER REMEDIES-The lender may also sue you personall.,, l~r 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 del~ult v. ithin thc THIRTY (301 DAY period and foreclosure proceedings have begun, you still ha,.e the riehl to cure Lhc d,4fau!t a_r!d Ere'. cn[ !h_g sale a! :Ln.E lime up.._t9 one hour betbre thc Sheri fgs Sale You ma`. do so b,. pa,. m,_, thc Iotal amount then past due. plus an',. late or olher charges then due, reasonablc attorney's lees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified m x~ ritin,.z, bv thc lender and b,. pcrformin°, an,, other requircmems under thc mortgage. Curing EXHIBIT A 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 SheriWs 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 Sherifffs 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: First Union Mortgage Corporation Attention: Payment Processing I 100 Corporate Center Drive Raleigh, NC 27607-5066 Phone: (800) 654-1350 Fax: (919) 852-7424 Contact: Edward Eary EFFECT OF SHERIFF'S SALE-You should realize that a Sherifffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to li'~e in the property after the Sherift'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 or 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, charge and attorney's fees and cost 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 BORRO\V MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT · TO HAVE THIS DEFAULT CURED BY ANY IHIRD 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 NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN AN'(' CALENDAR YEAR, i · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER IHE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDE~XL BANKRUPICY LAW. CONSLMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATT.\CHED Sent b) Regular Mail. Certificate of Mailing (PS Form 3877), and Certified Mail Sincerel3, Ed~ ard Ear~. Dclinqucnc5 Comrol Mortgage Lo,m Scrx icing Group Bi P\ll/ EXHIBITA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTA~NCE PROGRAdH CONSUMER CREDIT COUNSELING AGENCIES (REV. $/oo) Lycoming. Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street PO. Box 1328 WilliamsporL PA 17703 (570) 326-0587 FAX (570) 322.2197 CLINTON COUNTY CCCS of Northeastern PA 1631 South Atherton SL, Suite I00 Slate College, PA 1680 I (;]14) 238-3668 F,.LX (814) 238-3669 CCCS of Northeastern PA 201 Basin Strut Wiiliamspon. PA 17703 (570) 323-6627 FAX (570) 323-6626 (570} 821-0837 or (800) 922.9537 (570) $26-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) FAX (570) 455-563 l--(Call Before Faxing) (814) 453-5744 FAX (814) 5749 (814) 1198-0400 (717) 234-5925 FAX (717) 234-9459 COLUMBIA COL%TY CRAWFORD COL~TY CUMBERLAND (~Q~TY 1400 Abington Executive P~rk Suite I Clatl~ SummiL PA 18411 (570) 587-9163 or (g00) 922-9537 E.-klK (570) 58%9134-9135 C;rcazer Erie Communi~, Action Committee 18 West 9u' Street Erie, PA [6501 (1114)459-4581 F.-LX (8 [ 4) 456-0 [ 61 Shenango Valley Urban L¢a=mJe, Inc 601 Indiana Avenue Farrell, PA 16121 (,[12) 981-5310 Financial Counseling Services of Franklin 31 West 3~ SL~eet Waynesboro, PA 17268 (717) 762-3285 ¥~qCA of Carlisle 301 "G" Street Carlisle, PA 17013 (717) 243.3813 F.&X (717) 731-9589 Adams County Housing Authori~ 13%143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. Z3, JLqNE 5, 1999 EXHIBITA 'ALL TIIAT CERTAIN lot or piece of ground, with the buildings and improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, more particular[y bonnded and described as follows, to wit: BEGiN?;ING at a point on the southern right-of-way line of Bello~s Drive at the dividing line between Lots Nos. 23 and 2z, of the hereinafter mentioned Plan; the~ce by the southern line of Bellows Drive north 82 degrees 25 minutes east a distance of 100.31 feet to a point at the dividing line between Lots Nos. 22 and 23 of the Pla~%; thence by said dividing line south 7 degrees 35 minutes east a distance of 116.47 feet to a point at line of Lot No. 21 of the Plan; thence along the smne south 64 degrees S9 minutes &0 seconds west a distance of 13.12 feet to a point at the dividing line between Lots Nos. 23 and Za-X of the Plan; thence along the same south 66 degrees 38 minutes 12 seconds west a distance of 53.63 feet to a point at the dividing line between Lots Nos. 23 and 24 of the Plan; thence by said dividing line north 22 degrees 35 minutes 20 seconds west a distance of 139.75 feet to a point on the southern line of Bellows Drive, the point and place of BEGI:~ING. BEING ail of Lot No. 23, Block o, Plan 1~, Pinebrook, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County i~ Plan Book 23, at Page laS. HAVING thereon erected a single family dwelling kno~ and numbered as 3810 Bellows Drive. UNDER ~ND SUBJECT, nevertheless, to easements, restrictions, reservations, condition, s and rights of way of record. BEING the same premises conveyed to Elvin-R. Helsel, deceased, by Deed of Erika ?~. Ilelsel aka E~-ika Boya~o~ski Helse!, dated August 23, 1981 recorded in ti~e Office of the Recorder of Deeds in and for C,~nberland County, Pennsylvania in Deed B~Y+~¥olq~-~?~..~_ _P~.ge VERIFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for Plah~tiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are ta-ue and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 6.~OHN SCHWEPPE FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGINSTRATION SYSTEMS, INC. VS, JOSEPH T. GRUBB DEBRA A. GRUBB Plaintiff Defendant(s) Court of Common Pleas CUIVIBERLAND County No. 01-1646-CIVIL PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PRE[UDICE, AND SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff C --