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HomeMy WebLinkAbout11-0199UDRSN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings~udren.com BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP P.O. Box 990964 Dallas, TX 75266 Plaintiff v. Darwin K. Brosius 1200 Rossmoyne Road Mechanicsburg, PA 17055 Defendant (s ) ATTORNEY FOR PLAINTIFF ~=' ~ ~ ' -~ --° "~ sit ~ ~.. ~° °~; COURT OF COMMON PLEAS "~^ ~= ~~~ CIVIL DIVISION `~~~ ~ .~~~` - ~ ~,. Cumberland County ~~~~-,~ ~ ~-~-,' ,~ NO . ~ ~ - ~'7 ~ Civ i ~ Term 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 # go1.oo Po A~ ~~ rsr~l 1Q,~ 0253 ~f 77 AVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de esters demanders expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falter 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 demanders 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 0 notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de ester demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes parer usted. LLEVE ESTA DEMANDA A UN ABOGADO II~SEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE D8 PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUSDE 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, who is the legal holder of the Mortgage and is in the process of formalizing the Assignment of Mortgage to be sent for recording. 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: 1200 Rossmoyne Road MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 4/9/07 DATE RECORDED: 4/20/07 BOOK: 1989 PAGE: 1184 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 1/10/11: Principal of debt due $255,401.84 Unpaid Interest at 6.5~ from 2/1/10 to 1/10/11 (the per diem interest accruing on this debt is $45.48 and that sum should be added each day after 1/10/11) 15,627.08 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $330.38 and that sum should be added on the first of each month after 1/10/11) 2,897.05 Late Charges (monthly late charge of $83.43 should be added in accordance with the terms of the note after 1/10/11) 1,196.56 Partial Payment Balance (1,101.06) Attorneys Fees (anticipated and actual to 5~ of principal) 12,770.09 TOTAL $287,378.56 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 $287,378.56 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, BY: Attorney LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POIlVT MARKED BY A RAILROAD SPIKE IN THE CENTER LINE OF A PUBLIC ROAD LEADING FROM ROSSMOYNE TO U.S. ROUTE 15, SAID POINT OF BEGINNING BEING LOCATED THE FOLLOWING TWO (2} COURSES AND DISTANCES FROM THE NORTHWESTERN CORNER OF LAND OF ONE, J. BUCHKO, TO WIT: (1) COMMENCING AT A POINT MARKING THE NORTHWESTERN CORNER OF SAID LAND OF J. BUCHKO, BEING ALSO IN THE CENTER LINE OF THE ABOVE MENTIONED PUBLIC ROAD, AND THENCE EXTENDING NORTH 42 DEGREES 06 MINUTES WEST, SIX HUNDRED TWENTY ONE (b21} FEET TO A POINT IN THE CENTER OF SAID ROAD; AND (2) THENCE CONTINUING ALONG THE CENTER LINE OF SAID ROAD, NORTH 29 DEGREES 50 MINUTES WEST, SIXTY-FOUR AND EIGHT-TENTHS (64.8) FEET TO A POINT IN THE CENTER OF SAID ROAD, BEING THE POINT~~OF BEGINNING OF THE TRACT HEREIN CONVEYED; 'IT~NCE COMMENCING AT SAID POINT OF BEGINNING AND EXTENDING ALONG THE LINE OF OTHER LAND OF DANIEL H. BITTER, OF WffiCH THIS IS A PART, SOUTH 61 DEGREES 21 MINUTES WEST, THREE HUNDRED THIRTEEN (313) FEET TO AN IRON PIPE; THENCE ALONG THE LINE OF LAND OF THE SAME, NORTH 34 DEGREES 49 R'IINLiTES WEST, ONE HUNDRED SIXTY (160} FEET TO A RAILROAD SPIKE IN THE CENTER OF A FOURTEEN (14) FOOT WIDE PRIVATE LANE WHICH LEADS FROM TAE PUBLIC ROAD AFOREMENTIONED TO OTHER PROPERTY OF DANIEL H. BITTER; THENCE ALONG THE CENTER LINE OF SAID FOURTEEN (14) FOOT WIDE PRIVATE LANE, NORTH 51 DEGREES 08 MINUTES EAST, THREE HUNDRED TWENTY-NINE (329} FEET TO A RAILROAD SPIKE IN TAE CENTER LINE OF THE SAID PUBLIC ROAD, AFORESAID; THENCE ALONG THE CENTER LINE OF SAID PUBLIC ROAD, SOUTH 29 DEGREES 50 MINUTES EAST, TWO HUNDRED TWENTY (220) FEET TO A RAII.ROAD SPIKE, AT THE PLACE OF BEGINNING. EXCEPTING THEREFROM, PREMISES WHICH CAPITOL DEVELOPMENT GROUP, INC. CONVEYED TO W. ANDREW SIVERLING AND URSULA R SIVERLING, BY DEED DATED 08/30/05 AND RECORDED ON 09/01/05 IN BOOK 270, PAGE 3830. EXCEPTING THEREFROM, PREMISES WHICH CAPITOL DEVELOPMENT GROUP, INC. CONVEYED TO R. HART ENTERPRISES, INC., BY DEED DATED 08/23/05 AND RECORDED ON 09/02/05 IN BOOK 270, PAGE 3970. PARCEL #13-26-02.47-031 "AS DESCRIBED IN MORTGAGE BOOK 1989 PAGE 1184" ~ItpNt~fll7~erfaw Hors I,or~c Pt? Buac 9(348 Temt:c~la, t,,.;q 9589-9tM8 saner ~'RY~nts ~: P.O.k3oz 7522 tNirrzngfon. UE t988t3•.5?22 sww Z~ to: PO t3ox St713, MS SV374B Sirnl Valley, CR 93l]85 ti 7113 825? 14?4 6663 3626 2A1 i7161't »? It~if~l~ d~~(It~l~'~1'1't~~~•I~r.~ h~.~~ICI~.~l~lll~ll.lll~'~tl~l Darwin K Brosius 1200 ROSSMOYNE RD MECHANICSBURG, PA ~ 7055-4841 EXHIBIT A PRESORT Ftrrat-Class Matt t3..S. Postage s-xl Ftses Pafd WSO liLt~PRt t1'*Z~Pfi~t5R4:~ik Bawllo#Mlerica "'~'~ illoare Leaai +~. 0 6cur s8oasa Lkrt6ea, 7X 75286-G894 &ctnd P,pyrrrrant~ K+.- P.p.. Box 95222 IvVDrrungmra. DP 99668222 October 12. 2010 Darwin K Srosius 1200 ROSSMOYNE RD MECHANICSBURG, PA tT05S-4841 Certified Mail: 7113 8257 1474 6663 3626 Retum Recefat Requested Regular Mail Account No.: 160737113 Propsriy Address: 1200 Rassmoyne Road Mechanicsurg, PA 1 7 0 55-4 84 1 Current Servicer: BAC Home Loans Servicing, LP A+GT 91 NC~TfCE TAKE A~TIO~N Tl'7r SAVE YtJUR Ht7ME FRt~M FC~RE~CLC.~SURE This Notice contains irnpartsnt legal information. K you have any questions, representatives art the Consumer Credit Counseling Agency may be able to help explain it. You Wray also want Uo contact an attamey in your area. The local bar assaciatlan may be able tar help you find a lawyer. LA NOTIFIGACItriN EN ADJUNTO ES DE SUMA IMPORTANCIA. PLIES AFECTA SU DEREGHO A CONTINUAR VP/IENDO EN SU CASA, SI NO GOMPRENDE EL CONTENIDO DE ESTA. NOTIFICACICIN OBTENGA UNA TRADUCCION INMEDWTAMENTE LL/-MANDO ESTA AGENCIA {PENNSYLVANIA HOUSING FINANCE AGENCY} SIN CARGOS AL NUMERO MENCIDNADO ARRIBA. PUEDE SER ELEGIBLE PARA.. UN PRI~STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME{S~: PROPERTY ADDRESS: LOAN ACCT, NO.: ORIGINAL LENDER: CURRENT LENDERJSERVIGER: Pay~K iR[n~ctionae • Maki year cfiadt p~jg6fs ro BAly Nana Lcare Sarviang. LP oarlsara®an • Plmeainrlr~ coupon 5rilh ywr Fa a! fud rmmrN9 Ra}rnrra. carods. irMe~al;r cairarialedpri a maMNybari9. Acmrdtrgiy; rne~r.+~ trr WI it~f ruralrir, inRirgrtg FeLnaaA'. Is t:alla/eiled as 30.x986 dermuei raere>w, e~rveraf the aWai narrrGer of dleya in the motor. -~.`____LL_ For aayai moMhe, erue.eer s caszrlated 61~5PF5~L~ aely a~ m~e cas,x d a 3&s my year.: Darwin It Brosius 1204 Rossmovne Road Mechanicsuro. PA 17436-4841 180737113 BAG Horne Loans Servirirg, LP is a subsidiary of Bank of i4meriar, N.A. Mrseaewrke}i7ur wcarnl rumteronall rr>e&it`s and arreaoadmcc.: yVe rnarp d>,a~ge vau a ke br erry aaymerr rekrred a releceA ray your flnaro~al nksrluicr~, wiyea m alxiliCade 4aw. BLCFAi z f 92.". a~rzui a ceaount Number. !i?07374l3-3 Darwin K Brosius B.slance cue for drarges raiea above: S7G,OCut$9 as or 4ctaDer 72 2ata_ 1200 RoSSmoyr-e Road l~easa up~e arneii nr~am on ri,e recaBe vkre, of lni5 cauorr. Mecharucsurg, PA iPO55rtH41 ndng4r.~ +~tnc~aar +}t I~Illl..li~~ll~~ L~.1.1.1~~N1111"~~'~lilll'~`Ilil~i.~ill.ll~liilr Eacmw ~ BAC Home Lams Servicing, LP PO BOX 15222 Wilmirgtan, DE 79886-5222 7ai~ 16073?11330D0016006390D'1600639 E: 5869900581: i60? 37 ~ ~ air' H~7ME©WNER'S EMERGENCY MORTGAGE ASSISTANCE RRGGRA,M YOU MAY BE ELIGIBLE FOR FINANC ALA551STANGE WHICH GAN SAVE YOUR HOME FROM FORECLOSURE shD HELP YOU MAKE FLmJIRE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER"S EMERGENCY MORTGAGE ASSISTANGE ACT OF 1983 (THE "ACT"j, YOU MAY BE ELKii1BLE FOR EMERGENCY MORTGAGE ASSISTANGE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING-ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY 'STAY OF FORFGLOt3URE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days from the date of this Notice, Durir~ that time you must arrange and attend a 'face-to-face' meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN TMF tNFYT rwrl~rr CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the fender may NOT take actbn against you for Thirty (34j days after the daUe of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling aaenc~s for the oaunty in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one tace-ta~ace meeting. Advise ycur I$nder immediately of your ir>tentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later In this Notice (see follawing pages for specific infarmatian about the nature af' your default.) ff you havetried and are unable to resolve tfiis problem with the lender, you have the rigtrt to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill gut, sign and file a completed Homeowner's Emergency Assistance Program Appticatlon with one of the designated consumer credit counseling agencies listed at the end of this Notice. Qnly consumer credit counseling agencies have applications for the program and they will asslat you in submitting a complete applicatbn to the Pennsylvania Housing Finance Agency. Your application MUST ire filed or postmarked within Thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO 00 SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINSTYOUR 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 try the Agency under the etigibllltycriteria established by the Act. The Pennsylvania Holasing Finance Agency has sbctyr (60j days to make a decision after k receives your application. During that time„ no #oreGosure proceedings will be pursued against you if you have met. the time requirements set forth above. You wilt be ratified directly by the Pennsylvania Housing Finance Agency of its decision an 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 flied bankruptcy you can still apply far Emergency Mortgage a4ssistsnce.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property bested at 1200 Rassmoyne Road Mechanicsurg, PA 17055-4849 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the follDViring months and the fallowing amounts are now past due: Monthiv Charges: 03JO1f2010 Late Charges: 43/41(2414 Other Charges: Uncollected Lane Charges: Uncollected Costs: Partial Payment Balance: TIdTAL DUE: YUU HAVE FAILED TO TAKE THE FOLLOWING ACTION LDa not use If not aaolica6leS 515.992.32 $584.01 $529.12 54.00 ($1.101.061 $16,fIQ<.39 6AC Home Loans Seroidng, LP is a strbaidiary of Bank of America, N.A. E-mail use: Pto~Mg your a-mall address below wi aNow ~ to sera( yvu infam~auan an your aax~uM. Ati:aouM Number t6CiT3Tl l3 Darwar K 8rosius E~nrai address: Haw we past your peynwnte: M aaxptaed parymaris of prsrtlpel and attereet wa ba eppAed ~ the longest cuffitarafng inetetimerrt dug, unties rnherwise expreesty prod or Ilreloeaf by law.. Ir you eubrnif en amount o additiic;n Sa ycre edwdulad marrthly amoum, we xti apprr your payrnants as follows: (iy ~ ~ rnantltty payments or prerdpai and ettereet, I;il~ escrow detlaendee, (UI) Isla charges and alher arnaurrms you ass in o.xnecticn wlac your loan Arai Irvi h~ reduea the outstaMing pnrrdpei balance or your loan. Please apedry M you warn arc additional amoum appiad ID 5fpea pa}mwrts. rallrterthan priaGpal naxMcction. Postideud checks: PoatdaMd drecka wiM be tx«:esaad an the date rewrvad unless a loan counselor agrees tc honor the daps wmuen on the check as a condidan esi a repayment plan. HOW TO GORE THE DEFAULT -You may cure the default wRhinTHIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS #16,Ob4.39 PLUS ANY MORTGAGE PAYIvfENTS AMD LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavmer>;s must be made either by CAShier's check certified aback or money ender made r•AV9r,I0 9.,~ eeanr r„• BAG Home Loans Servicing. LP at P.O. Box 15222, Wilmington, DE 19886-5222. You can cure any other default by takino the folbwlna action within THIRTY d 01 DAY of the d°'a of ChQ lette !Do not use Ix roc aoollcable) IF YOU DO NOT GUISE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Nttends to exercise its rights too accelerate the mortgage debt. This means that the entire outstanding balance of this debt wiii be considered due Immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the fatal amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to fanecbae upon your mortgaged properky, IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay oft the mortgage debt. If the lender refers your case to Ibs attameys, but you cure the deiinquenay 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 $SOAO. However, ff legal proceedings are starved against you. you will have to pay all reasonable attorney's fees actually incurred by the lender even tf they exceed $x.00. Any. attorney's fees will be added [o the amount you owe the lender, which may also include other reasonable costs. If you curs the default within the THIRTY (30) DAY period, You will not be r+equlred to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES -The lender may also sue you personally far the unpaid principal balance and all ether sums due under the mortgage. R_~HT TO GORE THE DEFAULT PRIOR TD 3NFIarFF~_a ear tr _ If you have not cured the default within the THIRTY- (3Q) DAY period and forecosure proceedings halve begun, you still have the right to cure the default and prevent the sale at any time up to one hour before tl~e Sherff's Sale. You may do so by paylrag the total amount: then past due, plus any sate or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected wkh the Sheriffs Sale as specified in writing by the lender and by performing eery other raquinemeMS underthe mortgage. Curing your default in the manner eat forth in this notice wiN restore your mortgage to the same poaltian as H you had Haver defaulted FARLIE3T P099IBLE SHERIFF'S aAL DATE - h Is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (tt) months tram the date of this Notice. A notice of the actual dove of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to aura the default wiii increase the longer you wall You may find out at any time exatxry what the required payment or action wI l l be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender f3l~iC (tome Leans ServiclnQ, LP' Address: P. 4. Sax 6608941)w/las, TX T5268-08~f Phone Number: 9-8[lG~~B6S1-BB3d Fax Number: 4-$9T-gSp..88°{7 Contact Person: MS TX2-STT-QI-?3 ,ritterrtion: lean Counselor EmaN Address: To ensure secure email communications please log on to the BAC Hame Leans Servicing, LP Websrte at ww.bankafamerlca.cam and email us by navigating through the Customer Senriae Ilnk provided EFFECT OF SHER~F'S SALE -You should realize that a Sheriffs Sale will end your ownership of ~e mortgaged property and your right to acaupy ft. ff you continue to Hve in the property after the SherHf's sale, a lawsuit to remove you and your furnishings and other belongings could bs starred by the lender at any time. ASSUMPTION OF MORT -~~=F -You may s~ei1 ar transfer your hams va a buyer or transferee who will assume the martpage debt, provided that. all the autatanding 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 AL50 HAVE THE R HT: 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 GORED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION A5 1F 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 VOU MAY HAVE TQ SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan Is in default. Pursuant to your Loan documents, BAC Home Loans Servicing. LP may, eater upon and conduct an inspecxlan of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, ~jii}verify that the property is o~upied andfor (III) determine the identity of the occupant. tf you da not cure the default prior to the Inspection, other actions to protect the mortgagee's Interest in the property (including, but not limited to, winterization, securing the property, and - 3RC Home Loans Servian®, LP is a suDSidiary of Bank at,4meriea. N.R. 78.13 8257 1474 6663 3626 valuatian services) may be taken. The coats otthe above~iescrlbed inspections anti property preservation et'forta will be charged to your aecourrt as provided in your security insfrument. ff you are unable to cure the default. on or before November 11, 2010, BAC Home Loans Servicing, LP wants you Ua be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example; • Repayment Plan; K is possible thad you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Qur basic plan requires that BAG Home Loans Servicing, LP receive, up front, at least "/~ of the amount necessary to bring the account currant, and tllat the balance of the awerdue amount be paid, along with the regular monthly payment, over a defined period of time, Other repayment plans also are available, • Loan Modification: Or, it is possible that the regular monthly payments can be Icwvered through a modification of the loan by reducing the Interest rate and then adding the delinquent payments to the eurrent loan balance. This foreclosure alternative, however. is limited to certain ban types. • Sale of Your Property: Or, ff you are willing to sell your home in order to avoid ftrreclosure, it is possible that the sale of your home can be approved through BAC Hame Loans Servicing, LP even if your home Is worth less than what is owed on h. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due ba a seriousfinaneial hardship which is beyond your control, you may be eligible to deed your property directly to the Hoteholder and avoid the foreclosure sale. If you are interested in discussing any of these foredosure altematfves with BAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance, BAG Home Loans Servicing. LP will need to evaluate whetherthat assistancewfll be e3dended to you. In the meantime, BAG Home Loans Servicing, LP wlll pursue all of Its rights and remedies under the loan documents and as permitted. by taw, unless n agrees otherwise in witting, Failure to bring your loan current or to emer into a wittten agreement by November 11. 2010 as outlined above will result in the acceleration of your debt. Time is of the essences. tf you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-$00-669-6HS4. BAG Hame Leans Serviang, t.P is a sudsidiary mf Bank of America, W.A. 7113 b257 7,474 6663 362b Attachment: Itemization of Chat^ges and Fees Mgnthty Charges: 03#01#2010 - 10#31!2010 Late Charges: 03101#2010 - 09#30f2010 Other Charges: Unraoliected Labs Charges: Partial Payment Balarxe: ~ $1,999.04 ~ $83.43 TOTAL DUE: $15.992.32 5584.01 $529.12 ($1.101.06) $16,U!>t.39 SAC Home Lams Servicing. LP is a autrsiaFer~r of Bank of America, W.R. CONSl.JMER CRF_DIT C+OIJNSELING AGENCIES SERVING ~'OiJR Ct)[INT"1' CUMBERLAND COUNTY PHFA Adams County Intarfalih Housing Authority to+veahi@, tnc. 217 Worth Front Sd~set 40 E. High ~aa~eet 2320 North 5th Street Harrisburg, PA 17110 Gettysburg, PA 17325 Harrisburg„ PA 1711 d 717;784.3944 71 1.334.1518 717'.232.2247 804.342.2397 CGt; S at Western PA Commuriity Action Cammiaaian of Capbat Maranatha 2004 L~nglestovrrr Road Raglan 43 Phitadetphia Averttxe Harrisburg, PA 17142 1514 perry Street Wayr~bora, PA 17288 888.511.2227 Harrisburg, PA 17104 717.782.3265 868.511.2227 717.232.9757 I V E R I F I CAT 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 authoritiPG_ UD BY At UDREN 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 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ADAM L. KAYES, ESQUIRE - ID #86408 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 JEROME B. BLANK, ESQUIRE - ID #49736 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com BAC Home Loans Servicing, LP ;COURT OF COMMON PLEAS fka Countrywide Home Loans €CIVIL DIVISION Servicing LP :Cumberland County P.O. Box 990964 Dallas, TX 75266 x~~ ~. ~~ ~ v ~:. ~ y ' . c~ ~~ ~:~ :r.. ~.w .. ~ s...J r Plaintiff NO. II- ~~ ~wil PAM v. Darwin K. Brosius 1200 Rossmoyne Road 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, BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP in the above-captioned matter. UDREN LAW OFFICES, BY: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED Sheriff ! ( f4_ n y'} d} ?ti4tl? 0? L:771ltt???. 1_a!Y ??E p 'T- ''4 Jody S Smith Chief Deputy 2,911 FEB PM Richard W Stewart CI BERLrt r' Nei Solicitor PE NSYL',ANIi- BAC Home Loans Servicing, L.P. vs. Case Number Darwin K. Brosius 2011-199 SHERIFF'S RETURN OF SERVICE 02/09/2011 12:50 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1250 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Darwin K. Brosius, by making known unto himself personally, at 1200 Rossmoyne Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy o th same. MICHEL UTSHA EPU SHERIFF COST: $55.00 February 10, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, Plaintiff V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL DIVISION NO: 11-199 Darwin K. Brosius, Defendant CIVIL TERM r7 c -? 3 ?cra =M =;;o < o x z n.'J C3 rn ca N co -v Q , --s c, o- o r? 5 M s> ANSWER TO COMPLAINT IN FORECLOSURE COMES NOW, the above defendant and answers the complaint in this matter as follows: 1. Denied. Defendant is without any knowledge of the precise legal status of ownership of the mortgage and therefore denies the allegations of Paragraph 1. Strict proof of a chain of ownership is demanded. 2. Admitted. 3. Admitted. 4. Denied, but admitted the mortgage is in default because of the refusal of whatever servicing company is servicing the mortgage to accept any amount of money other that the precise amount it claims is owed at any given time, without any effort to explain how it arrives at the figures. 5. 6. 7. 8. Denied, but admitted that defendant's efforts at payment have been rebuffed by the servicing companies. Denied. Strict proof of the allegations of paragraph 6 is demanded. Denied. Strict proof of the allegations of paragraph 7 is demanded. Denied. Defendant has no recollection of ever receiving any Act 91 notice. Strict proof of the allegations of paragraph 8 is demanded. 1 WHEREFORE defendant prays that plaintiff's complaint be dismissed with prejudice. ly February 25, 2011 Jerry 227 N. High S Duncannon, P 717-834-3087 Attorney for L squire > No. 47624 0. Box 116 7020 K. Brosius 2 I verify that the statements made in the foregoing documents are true and correct to my best personal knowledge, understanding, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 BAC Home Loans Servicing, LP 'COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP :Cumberland County P.O. Box 990964 Dallas, TX 75266 Plaintiff NO. 11-199 V. Darwin K. Brosius 1200 Rossmoyne Road Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: G ? Zrnn 3mo Wit= -Orn -cam o0 lr- 40 G Qm - Cn -^C Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. A DATED: March 18, 2011 MJU # 11011081-1