HomeMy WebLinkAbout10-7908UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID #203437
SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 rPt c?
MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ? ?
ADAM L. KAYES, ESQUIRE - ID #86408 kD r:
DANIEL S. SIEDMAN, ESQUIRE - ID #306534 r-M
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JEROME B. BLANK, ESQUIRE - ID #49736
Cam. ?
WOODCREST CORPORATE CENTER .. s?
111 WOODCREST ROAD, SUITE 200 _y
CHERRY HILL, NJ 08003-3620
856-669-5400 pleadings@udren.com
PNC Bank, National Association :COURT OF COMMON P LEAS
3232 Newmark Drive :CIVIL DIVISION
Miamisburg, OH 45342 :Cumberland County
Plaintiff
V.
740
illi
ll
e"
oway NO.
?p --
W
am J. Ho
Mary L. Holloway
5 Hilltop Circle
Mechanicsburg, PA 17055
Defendant(s)
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the following counsel: Mark J.
Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire;
Alan M. Minato, Esquire; Chandra M. Arkema, Esquire; Adam L. Kayes,
Esquire; Marguerite L. Thomas, Esquire; Daniel S. Siedman, Esquire
and Jerome B. Blank, Esquire on behalf of the Plaintiff, PNC Bank,
National Association in the above-captioned matter.
UDREN LAW OFFICES, P.C.
1?----
BY:
D"M S. Sidman, Esquire
PA ID 306534
UDREN LAW OFFICES, P.C. ATTORNEY FOR
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
pleadings@udren.com
PNC Bank, National Association :COURT OF COMMON PLEA
3232 Newmark Drive :CIVIL DIVISION
Miamisburg, OH 45342
Plaintiff ::Cumberland County
V.
William J. Holloway
Mary L. Holloway NO. /d 7468
5 Hilltop Circle
Mechanicsburg, PA 17055
Defendant(s)
PLAIATIFF -,
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COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
S
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i2?- dsa870
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisiones de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O MAKE POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify
us in writing of a dispute within the 30 day period, we will obtain verification of the debt or
a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not
an admission of liability on your part. Also, upon your written request within the 30 day
period, we will provide you with the name and address of the original creditor if different from
the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. Plaintiff is the legal holder of the
Mortgage that is the subject of this action. Plaintiff is Successor
by Merger to Original Mortgagee National City Mortgage Co.
2. Defendant(s) is the individual designated as such on
the caption on a preceding page, whose last known address is as
set forth in the caption, and unless designated otherwise, is the
real owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of
Defendant(s), Plaintiff (or its predecessor, hereinafter called
Plaintiff) loaned to the Defendant(s) the sum appearing on said
Mortgage, which Mortgage was executed and delivered to Plaintiff
as security for the indebtedness. Said Mortgage is
incorporated herein by reference in accordance with Pa.R.C.P.
1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 5 Hilltop Circle
MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Upper Allen
COUNTY: Cumberland
DATE EXECUTED: 05/19/04
DATE RECORDED: 05/26/04 BOOK: 1867 PAGE: 426
The legal description of the mortgaged premises is attached
hereto and made part hereof.
4. Said Mortgage is in default because the required
payments have not been made as set forth below, and by its terms,
upon breach and failure to cure said breach after notice, all
sums secured by said Mortgage, together with other charges
authorized by said Mortgage itemized below, shall be immediately
due.
5. After demand, the Defendant(s) continues to fail or
refuses to comply with the terms of the Mortgage as follows:
(a) by failing or refusing to pay the installments of
principal and interest when due in the amounts
indicated below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
6. The following amounts are due on the said Mortgage as
of 12/21/10:
Principal of debt due $122,737.86
Unpaid Interest at 5.5%
from 5/1/10 to 12/21/10
(the per diem interest accruing on
this debt is $18.49 and that sum
should be added each day after 12/21/10) 4,307.75
Title Report 325.00
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $422.96 and that sum should
be added on the first of each
month after 12/21/10) 139.08
Late Charges
(monthly late charge of $71.66
should be added in accordance
with the terms of the note
after 12/21/10) 501.62
Attorneys Fees (anticipated and actual
to 5% of principal) 6,136.89
TOTAL $134,428.20
7. The attorney's fee set forth above are in conformity
with the mortgage documents and Pennsylvania law, and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the sale,
reasonable attorney's fees will be charged in accordance with the
reduction provisions of Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made
part hereof, and defendant(s) have failed to proceed within the
time limits, or have been determined ineligible, or Plaintiff has
not been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $134,428.20 plus interest,
costs and attorneys fees as more fully set forth in the
Complaint, and for foreclosure and sale of the Mortgaged
premises.
UDRENN LAW OFFICES, P.C.
?--? ?--? -.?- -"
BY:
Attorney for Plaintiff
Daniel S. Si+~, Esquire
PA ID 306534
12-22-'10 13;43 FF3M-
Dec 23 2010 02:46am P010/010
T-052 P0010/0010 F-644
"ITYB r A
LBGAL D BSClLiMON
All that eartain lot or tract of land shuste m the Township of Upper Allen, County of Cumberland,
Commonweallb of Pennsylvania, known and numbmd as Lot No, 158 on a plan for Bowmans Hill, dated
March 291b, 1993, and recorded in the Office, of the Recorder of Deeds in and for Cumberland County in
Subdivision Plan Book 65 page 139, more My bounded and described as follows, to wit;
Beginning at a point on the south side of Hilltop Circle at the northeast corner of Lot No. 155, thence south
seven (07) degrees forty five (45) minutes ninewen (19) seconds east a distance of one hundred eighteen
and sixty oight one hmdredths (118,68 feet to a point, dwom north fly three (53) dopm thirty six (36)
mntmes eight (8) seconds at a distance of one hundred sixteen and fifty nine one lnwdredihs (116.59) feet
to a point, thence nor twenty four (24) degrees thirty two (32) minutes tw W One (21) seconds east a
distance of thirty nine and sixty three one hmukedit (39.63) feet to a point, thence north sixty five (65)
degrees flee (03) Nantes font (04) seconds west, a distance of ninety six and seventy six one hundredtU
(96.76) feet to a paint on the south side of Hilltop Circle, thence along a carve to the right„ the radius of
fifty and no one hundredths (50.00) feet, a chord bearing of south fifty three (S3) degrees thirty five (35)
minutes forty eigbt (48) seconds west and an arc distance of fifty and w one hundredths (50.00 ) feet to a
point and place of beg=Hng_
Ta x M* 4a 29-2456.056
' :t?ii111y PA
`- Recc,rder of Deeds
?{ 18 67PGU442
QpNic
MOKMAIGE?
P.O. Box 1820
Dayton, Ohio 45401-1820
August 16, 2010
53679-0000092-001-001-00a000-000
HOLLOWAY,MARY L
5 HILLTOP CIR
MECHANICSBURG PA 17055-5599
7107 8381 6540 2113 8168
PNC Mortgage
3232 Newmark Drive
Miamisburg, Ohio 45342
Telephone: (937) 910-1200
Mailing Address:
P.O. Box 1820
Dayton, Ohio 45401-1820
DATE: August 16, 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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This Notice explains how the 1rogram works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 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 Cow
are listed at the end of this Notice. If you have any questions' you may call the Pennsylvania Housing
Finance Agency toll free at 1-800-342-2397. (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 NOTIFICACION EN ADJUNTO 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 INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): HOLLOWAY,WILLIAM J
HOLLOWAY,MARY L
PROPERTY ADDRESS: 5 HILLTOP CIR
LOAN ACCT. NO.: 0003280877
ORIGINAL LENDER: n/a
CURRENT LENDER/SERVICER: PNC Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FO R L.O JRF 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 (plus three (3) days for mailing). During that time you must
arrange and attend a "face-to-face'hieeting with one of the consumer credit counseling agencies listed at the end of this
Notice. THIS MEETING MUST OCCUR WITHIN (33) DAY OF THE DATE OF THIS NOTICE i YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MIST BRING YOUR MORTGAGE P O
DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS
HOW O BRING YOUR MORTQAU 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 telenhonenumbers of designated consumer credit counseling agencies for the county in,
which the gronertv is located are set forth at the end ofthis Notice. It is only necessaryto schedule one face-to-face meeting.
Advise your lenderimmediatelyofyour 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.) 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'sEmergency 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. To
temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received
within thirty (30) days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION
WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED
FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED
"TEMPORARYSTAY OF FORECLOSURE ".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR
APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'SSALE, THE FORECLOSURE WILL
BE STOPPED.
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.)
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:
5 HILLTOP CIR
MECHANICSBURG, PA 17055
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s)
June 01, 2010 to August 01, 2010 and the following
amount(s) are now past due:
Monthly Payments 5,568.39
Corporate Fees 0.00
Late Charges 143.32
Non-Sufficient Funds .00
Fax Fees .00
Property Inspection Fees 9.00
Less Suspense Balance .00
Total Amount Past Due $5,720.71
HOPI 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 $5,720.71, 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, ca h
or money order made payable and sent to:
PNC Mortgage
Collections Center
3232 Newmark Dr
Miamisburg, OH 45432
This is an attempt to collect a debt, any information obtained will be
used for that purpose.
Enclosure
DR673
It' YOU DON T CURE THE DE AULT --If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the
entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not made within. THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
ro e
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 delinquencybefore 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 attomey'sfees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time un to one hour before the Sheriff Sale. You may do so by paving the total amount
then east due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
performing any other r a irements under the mortgag .. Curing your default in the manner set forth in this notice
will restore your mortgage to the same position as if you had never defaulted
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs
Sale of the mortgaged property could be held would be approximately nine - ten months from the date of this
Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required
payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER :
Name of Lender: PNC Mortgage
Address: 3232 Newmark Dr.
rnone Number: 1-NUU-523-8654
Fax Number: 937-9104009
Contact Person: Collections Center
E-Mail Address: oss. gation a pnemo gage.com
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property an your rig t to occupy it. If you continue to live in the property after the Sheriff s Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or may not X (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.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
D (PNIC
MOKMAGE'
P.O. Box 1820
Dayton, Ohio 45401-1820
August 16, 2010
53679-0000091-001.001-000-000-000
HOLLOWAY,WILLIAM J
5 HILLTOP CIR
MECHANICSBURG PA 17055-5599
111111111
7107 8381 6540 2113 8151
PNC Mortgage
3232 Newmark Drive
Miamisburg, Ohio 45342
Telephone: (937) 910-1200
Mailing Address:
P.O. Box 1820
Dayton, Ohio 45401-1820
DATE: August 16, 20 10
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached Pages
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This Notice explains how the Dggram works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name. address and ghone number of Consumer Credit Counseling Agencies Gerving your County
are listed at the end of this Notice. If you have and! questions, may call the Pennsylvania Honcing
Finance Agency toll free at 1-800-342-2397. (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 NOTIFICA06N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICA06N OBTENGA UNA TRADUC06N INMEDIATAMENTE LLAMA,TIDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): HOLLOWAY,WILLIAM J
HOLLOWAY,MARY L
PROPERTY ADDRESS: 5 HILLTOP CIR
LOAN ACCT. NO.: 0003280877
ORIGINAL LENDER: n/a
CURRENT LENDER/SERVICER: PNC
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 (plus three (3) days for mailing). During that time you must
arrange and attend a "face-to-face'Ineeting with one of the consumer credit counseling agencies listed at the end of this
Notice. THIS MEETING MUST OCCUR WITHIN (33) DAYS OF THE DATE OF THIS NOTICE 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 comfy in
which the g,r gerty is locatedare set forth at the end ofthis Notice. It is only necessaryto schedule one face-to-face meeting.
Advise your lenderimmgdiatelvof 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.) You have the right to apply for
financial assistance from the Homeowner's EmergencyMortgage Assistance Program. To do so, you must fill out, sign and
file a completed Homeowner'sEmergency 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. To
temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received
within thirty (30) days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION
WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED
FROMSTARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTIONCALLED
"TEMPORARY STAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR
APPLICATION IS EVE.NTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'SSALE, THE FORECLOSURE WILL
BE STOPPED.
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 Agencyhas sixty (60) days to make a decisionafter 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.)
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:
5 HILLTOP CIR
MECHANICSBURG, PA 17055
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s)
June 01, 2010 to August 01, 2010 and the following
amount(s) are now past due:
Monthly Payments 5,568.39
Corporate Fees 0.00
Late Charges 143.32
Non-Sufficient Funds .00
Fax Fees .00
Property Inspection Fees 9.00
Less Suspense Balance .00
Total Amount Past Due $5,720.71
HOPI 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 $5,720.71, 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 cash
or money order made payable and sent to:
PNC Mortgage
Collections Center
3232 Newmark Dr
Miamisburg, OH 45432
This is an attempt to collect a debt, any information obtained will be
used for that purpose.
Enclosure
DR672
a
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the
entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not made within. THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
ro e
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 delinquencybefore the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually
incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pay attornev's fees
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by Raying the total amount
performing My other regWiements under the mortgage. Curing your default in the manner set forth in this notice
will restore your mortgage to the same position as if you had never defaulted
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's
Sale of the mortgaged property could be held would be approximately nine - ten 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
neededto 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: PNC Mortgage
Address: 3232 Newmark Dr.
Miamisburg, OH 45432
Phone Number: 1-800-523-8654
Fax Number: 937-910-4009
Contact Person: Collections Center
ail Address: Loss.MitigationLpnemortgage.com
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the
mortgage property and your rig t to occupy it. If you continue to live in the property after the Sheriff s Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -. You may or may not X (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.
I
•
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.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
• y
V E R I F I C A T I O N
I, the undersigned, am attorney for the Plaintiff and am
authorized to make this Verification and does so because of the
exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents. The statements
made in the foregoing pleading are true and correct to the best
of his/her information and belief and the source of his
information is public records and reports of Plaintiff's agents.
The undersigned understands that this statement herein is made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
UDRENNLLAW OFFICES, P.C.
BY:
Atf o- rney for Plaintiff
DOMO S. SlWman, Esquirt
PA ID 306534
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson f_, ..
Sheriff L ' 011 HE P.1,
Jody S Smith
Chief DeputyJAI'] 19 AM 8-- 5
Richard W Stewart
„IMSERLAN' ,l tai
Solicitor P E M S Y# V; i,
m.
PNC Bank National Association
vs.
William J. Holloway (et al.)
Case Number
2010-7908
SHERIFF'S RETURN OF SERVICE
01/12/2011 02:34 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Januanj
12, 2011 at 1434 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: William J. Holloway, by making known unto Mary L. Holloway, Wife of
defendant at 5 Hilltop Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and a-
the same time handing to her personally the said true and correct copy o e same.
A N T ALL, DE Y
01/12/2011 02:34 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January
12, 2011 at 1434 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Mary L. Holloway, by making known unto herself personally, at 5 Hilltop
Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055 its cont nts and at the same time
handing to her personally the said true and correct copy of the same.
-1A T HALL, DEPUTY
SHERIFF COST: $53.00
January 14, 2011
SO ANSWERS,
t `
RON R ANDERSON, SHERIFF
MARK J. UDREN & ASSOCIATES
WOODCREST CORPORATE CENTER
ATTORNEY FOR PLAINTIFF
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003
856-669-5400
PNC Bank, National Association :COURT OF COMMON PLEAS
3232 Newmark Drive :CIVIL DIVISION
Miamisburg, OH 45342 €,Cumberland County
Plaintiff
V. :NO. 10-7908
William J. Holloway
Mary L. Holloway
5 Hilltop Circle
Mechanicsburg, PA 17055
Defendant(s)
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly mark the above DISCONTINUED WITHOUT PREJUDICE,
upon payment of your costs only.
DATED: May 3, 2011
At rney f r Plaintiff
Sherri J. Braunstein, Esquire
PA ID 90675
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