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Home My WebLink About01-3241 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 f215~ 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION BANK ONE, N.A., AS TRUSTEE, F/K/A FIRST NATIONAL BANK OF CHICAGO 100 WITMER ROAD HORSHAM, PA 19044-0963 TERM Plaintiff v. NO. 0 I- CUMBERLAND COUNTY MYONG H. SOL KUM S. SOL A/K/A KUM SOON SOL 3819 CHIFPENHAM DRIVE MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURK 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 I)ISCHARGE 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 at~mey 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 cour~ 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 167592308 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is BANK ONE, N.A., AS TRUSTEE, F/K/A FIRST NATIONAL BANK OF CHICAOO 100 WITMER ROAD HORSHAM, PA 19044-0963 2. The name(s) and last known address(es) oftbe Defendant(s) are: MYONG H. SOL KUM S. SOL A/IGtA KUM SOON SOL 3819 CHIPPENHAM DRIVE MECHANICSBURG, PA I ?055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/7/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1533, Page 646. By Assignment of Mortgaga recorded 9/29/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 655, Page 1092. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 2/1/01 and each month thereat~r 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." 6. The following amounts are due on the mortgage: Principal Balance $160,606.00 Interest 3,726.80 I/1/01 through 5/1/01 (Per Diem $30.80) Attorney's Fees 4,000.00 Cumulative Late Charges 235.27 4/7/99 to 5/1/01 Cost of Suit and Title Search 550.00 Subtotal $169,118.07 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $169,118.07 7. The attorney's fees 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. 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 $169,118.07, together with interest from 5/1/01 at the rate of $30.80 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 Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff First Mortgage Loan Se~ioing P~ Box 85071 o oo GIVI&C Mortgage 3451 Hammond Ave PO Box 780 Watedoo IA 50704-0780 Da~: April 11, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is aD ofllc/al sot]ce that the mortca~e on your home is iu default, and the lender iDtonds to foreclose. Specific ilfoma~on about the nature of the defaul~ is provided il the attached Danes. The HOMEOWNER'S MORTGAGE ASSISTANCE I,ROGRAM (HF~IAP) may be able to held to save VOUF borne. Tbls Notice explains how the pro,rem works. To see if HEMAl' can helD. you must MEET WITH A CONSUMER CREDIT COUNSEl,lNG AGF~CY WITHIN ~0 DAYS OF THE DATE OF THIS NOTICE. Take this Notee with you when )~a meet with the CouusellnE A~eocv. The Dame. address and nbone number of Consumer Credit Counsel~u~ A~encles serving your County are listed at the end ofthls Notice. If you have any aue~t~a~, you.may cml .the Penu~vivaah Houdna Phaaee Agency ton free at 1-800-342.2397. ~Permns ruth ~mpmred hearing can call (717) 780-1869). This Not~ rontobs impomut legal iaformaton. If you have any que~ionr~ represento~ves at the Consumer Credit Counseling A~uey may be able to kelp explain it. You may aim want to contact aD attorney iD your area. The local bar assocbtiou may be able to help you find a lawyer. IDA NOTIFICACION EN AD, UNTO ES DE SUMA IMPORTANCIA, I,UES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE ElD CONTF, NIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGF, NCIA (PENNSYLYANIA HOUSING FINANCE AGENCY) SIN CARGOS Al, NUMERO MF, NCIONADO ARRIBA. PUEDES SER ELEGIRI,E PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMF, O~F,R°S EMERGF~NCY MORTGAGE ASSISTANCE PROGRAM'* EI, CUAI, PUEDE SALVAR SU CASA DF, I,A PERDIDA DE1, DERECHO A RF, DIMIR SU HIPOTECA HOMFX)WNER'S NAMF4S): ~YOHG H. so~. 3819 CHIPPENHAM DRIVE PROPERTY ADDRESS: MI~CHANICSBURG, PA 170~5 LOAN ACC3'. NO.: 167 952308 ORIGINAl, I,F2~DER: N/A CURRF, NTLENDER/SERVICER: GMAC Mortgage Corporation Fi'si Mn'tinge Lean Senfiei.g PO. Box San Oiego CA g218.-5071 GMACMortgage 3451 Hammond Ave m,,, PO Box 780 Watedoo IA 50704-0780 Date: Apri! 21, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is on offlehl notice that the mortoaee on your home is in default, and the leuder intends to roredosa. Snedfic information about the nature of the default is provided in the attached nones. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM {HF. MAP) may be able to help to save your home. This Notiee eznlahs how the nrop_ram works. To ~ee if REMAP eau bela. yon must MEET WITH A CONSUMER CREDIT COUNSEl,lNG AGENCY WITHIN 30 DAYS OF THE DATE OF TRIS NOTICE. Taka this Notion with yon when yon meet with the Counsallae A~encv. The name. address and uhono number of Consumer Credit Counsallnn A~eneles sexvina your County are listed at the end of this Notlee. If you hove any auestl.o, ns: you .may eau .the Pennsylvania Housina Mnanee Aaencv toll free at 1-800-342-2397. (Persons nth impmred beanne can call (717) 780-1869). This Notice contoius important legal information. If you hove any questions, representatives at the Consumer Credit CounsdlnR Aganey may be able to help explain it. You may also want to eontaat an attoroay in your area. The local bar association may be able to help you find a hwyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE FI, CONTEN1DO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYI,¥ANIA HOUSING FINANCE AGENCY) SIN CARGOS Al, NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIRI,E PARA UN PRESTAMO POR E]L PROGRAMA I,I,AMADO #HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" El, CUAi, PUEDE SAI,VAR SU CASA DE I,A PERDIDA DEl, DERECHO A REDIMIR SU RIPOTECA HOMEOWNER'S NAME(S).. 3819 CHIPPENHAM DRIVE PROPE~TYADDRESS: MECHANIC~BURG, PA 17055 LOAN ACCT. NO.: ! 67 952308 ORIGINAl, LENDER: N/A CURRENTI,ENDER/SERVICER: GI~C Morr. qaqe Corporation EXHIBITA HOMEOWNER'S EbIERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE EIAGIBLE FOR FINANCIAIo ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORF~LOSURE AND HELP YOU MAKE ~'U'[~JRE MORTGAGE PAYM~NT~ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE EIJGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAUI.T HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROl., IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER EIJGIBHJTY REQUIREMENTS ESTABLISHFJ) BY THE PENNSYLVANIA HOUSING FINANCE AGF~NCY. TEMPORARY STAY OF FORECI,OSURE -- Under the Act, you am entitled to a tempora~ stay of foreclosm'e on your mortgage for thirty (30) days from the date ofthis Notine. Dm~n~ that time you must arrange and attend ~ "facc-to-faco' meeting with one of the consumer credit cotmscling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT {30) DAYS. IF YOU DO NOT APPLY FOR EMERGF~CY MORTGAGE ^~I.~TANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE.. THE PART OF THIS NOTICE CAI.I.ED "HOW TO CURE YOUR MORTGAGE DEFAUI.T", F. XPI.AINS HOW TO BRING YOUR MORTGAGE IJP TO DATF., CONSUMER CREDIT COUNSEl.lNG AGENCIES .. If you meet with one of the consomer c~dit counseling agencies listed at the end of this nctice, the lender may NOT take action against you for thirty (30) days after the date of this meeting,Tha names, addresses and telelthonc numher~ of desig, neted consumer credit counselinp, anencies for the cotmty in which the i~operty is located am set fotlh at the end of this Notice, It is only nccosrmy to sohedu[e one face.to.face meeting, Advise yoltr lender immediately ofymtr intentions, APFI.ICATION FOR MORTGAGE ASSISTANCE .- Your mo~tgaga is in defoult for the reasons ~et leith later in this Notice (~ne following pages for spacilic information about the nattt~ of your default.) If you have tried and are unable to remlve this problem with the lender, you have the right to apply for financial assistance from the IIomcowneta Emergency Mo~tgaga Assistance Program. To do so, you ~ra~zt fill out, sign and file a completed tlomcownees F~nergency Assistance Program Application ..with one of. the des'?tated corm .t?er .credit cot. m~ling agencies li~ed at the end of this Notice. Only consomer oretht couneelmg agencies have appl:catmne mr tile program and they will assist you in mtbrnitting a complete application to the Penn~lvama tlousmg Fmnnco Agency. Your application MUST he filed or postmarked within thirty (~0} days ofyou face-to-face meeting. YOU MUST FILE YOUR APPI.ICATION PROMI:q'LY. IF YOU FAll. TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIOHS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEHIATF. LY AND YOUR APPIJCATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mottgaga assistance are ve~t limited. They will he disbm'sed by the Agency under the eligibility criteria established by tho Act. The P.enn~ylv .aais Hou.sing ,Finance Agan,.ey has amty (60) days to make a decision after it receives your application. Dm'mR that tnne, no rorecmmu-~ pmcoenmga will he pursued against you ifyou have met the time ~quh~.nnenta ret foRh above. You will he notified directly by tho Pennsylvania tlouaing Finance Agency of its decision on your application, EXHIBITA NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FIIJNG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATI~MPT TO COI~!.g-CT THE DEBT. (If You have reed benlcmptey you can st~ apply for Emergency Mortgage Asslstoace.) HOW TO CURE YOUR MORTGAGE DEFAULT (Br/n~, it nD to dateL NATURE OF THE DEFAULT -- The MORTfiAGE debt held by the above lender is on yom' pmpe~y located at: 3819 Ch:~ppenham Drive Mechaniesburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHI.Y MOR..TGAGE PAYMF~TS for the following months end the followinc~ amounts are now past due. February 1, 2001 t:hrouq~ April 1~ 2001. See att:ached Exhibit for payment: breakdown. Monthly Payments 4,705.38 Late Che~ges 156.84 NSF 0.00 fast.inns 7.25 Ot~r Suspen~ 0.00 TOTAl. A~MOUNT PAST DUE: 4,869.47 B. YOU HAVE FAII,ED TO TAKE TIlE FOIl.OWING ACTION (Do ~ot use if not aoolicable): HOW TO CURF. THE DEFAULT -- You may cate the defa~dt within THIRTY (30) DAYS ofthe dato of this nnt~~AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,869.47 , PLUS ANY MORTGAGE PAYMENTS AND I,ATE CHARGES WHICH BECOME DUE DURING TIIE THIRTY (30) DAY PER]OD. Pavmonts muat be made either by cash. cashier's check. certified check or moocv order made navable end sent to: Payment: prooessinq GMAC Mort:gage Coz'DoraCJ. on PO Box 780 Waterloo, IA 50704-0780 You cen cum any other default by taking tho following action within THIRTY (30) DAYS of the date of this letter: (Do not uso if not apolicable. I Not Applicable IF YOU DO NOT CURE THE DEFAULT -- If you do not cu~ the dcfa~llt within THIRTY (30) DAYS ofthe date of this Notice, the lender in~nds to exerelse its rinhts to aeeelerate the mortgage debt. This means that the entin~ outstanding balanca of this debt will he con~ide~d due immediately and you may [o~e the chance to pay the mortgage in monthly installments. Iffidl payment of the total amount ~st due is not made within THIRTY (30) DAYS, the lender also intends to instn~ct its attorneys to ~ legal action to foreelose u~on vent mortnaned IF THE blORTGAGE IS FORff, CI,OSED U~ON -- The mottgagad psopany will he sold by tho Shetiffto pay off thc mo~sagc debt. If the lender refcm your case to its attorneys, but you cure thc delinquency hefose thc lender begins legal proceedings against you, you will still he required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings aw started against against you, you will have to pay all reasonable attorney's fccs actually incmmi by the lender even ifthey exceed $$0.00. Any attorney's fees will he added to the amount you owe the lender, which may also include other seasonable cost& If yen eure the default within the THIRTY (30) DAYS period, you w~ not be required to pay attorney's fees. EXHIBITA OTHER LENDER REMEDIES -- The lender may also ~e you pemomlly for the ~ ~1 bal~ a~ all o~r ~s duc zm~r~ ~agc. RIGHT TO CURE ~E DEFAULT P~OR TO SHE~'S S~,E -- If~u ~ ~t ~d ~ default w~ ~ ~]IR~ (30) DAY ~ a~ fowclo~ pm~ed~gs ~ve ~n, ~u ~11 ~ ~ fi~t ~ ~ ~ default ~ ~ent ~e ~lc at ~ t~e up m one ho~ ~fo~ thc ~efi~s ~lc. You ~v ~ ~ ~ mv~ ~ ~ motmt t~n ~ duc, plus ~y la~ or o~er chics ~n duc, gamnablc ~s f~s ~ ~s ~n~cd ~ t~ fogclomt~ ~le ~ ~ o~r co~s ~d w~ ~ S~fi~s ~e as s~fl~ ~ ~a p~o~ing ~ o~r ~qu~e~ unde~ ~ ~ne. Cm~g your defauR in ~e mnn~ ~t fo~ no~e ~ ~ ~ar ~ ~ the same ~ as sf~u had near d~am~d. EARliEST POSSIBI,E SHERI~'S SAI.E DA~ -- It is e~a~d ~t ~ ~a ~tc ~t ~ch a S~s Sale of thc ~ pm~W could ~ ~ld ~uld ~ app~xJ~tdy ~ (6) months f~m t~ da~ of~ls N~. A no~e of~ ac~l da~ of~c ~fiWs Sale ~ll ~ ~ m ~u ~fo~ ~ ~lc. Ofcot~, ~ ~ default ~ll ~a~ ~ longer y~ wa~. You ~y ~md out ~ ~y ~c ~y w~t ~o ~quigd pny~m or a~n ~ll ~ ~ co~cting ~c lender. HOW ~ CO.ACT ~E LENDER: Name of Lender: O~C Mor~qaqe Co~o~a~Zon Address: 40Z M~le o~ Cars Way Na~Zonal C~y, ~ 9~950 Phone Nu~er: (800) 850-4622 Fax Nv~er: (6~9) 4~0-5579 Con~ac~ Person: Collection Depar~men~ E~F~ O~E~'S S~,E -- You ~ould gal~c ~t a S~s ~le will c~ ~ o~ip of~c no.ged pm~y ~ yo~ fi~t to oc~t~ it. Ifyou contuse m I~c ~ ~c pm~ny a~r ~ S~n~s S~e, a law~R m ~movc ~u and ~ fitmi~ings a~ o~r ~lon~gs ~uld ~ ~d ~ ~ Icier ASSUM~ON OF MORTGAGE -- You may or my not ~11 or ~sfcr yo~ ~mc ~ a ~y~ or ~n~e~ w~ will asm~ ~ no,gage dc~, proved ~at al/~c out~d~ ~yments, c~cs ~d a~s fccs ~d co~ p~d ~or m or at ~ ~lc a~ ~t ~e o~ ~qu~s of~ moP.ge m ~fi~d. YOU MAY ~,SO HAVE THE ~GHT: ~ SF~. ~IE PROP~ ~ OBTAIN MONEY ~ PAY OFF ~E MOR~AGE DF~T OR BO~OW ~ONEY FROM ANO~IF~ I~NDING INSIII ~ON ~ PAY O~ TO HAVE ~IS DFYAUI,T CURED BY A~ ~I1~ PAR~ A~NG ON YOUR BEHALF. ~ HA~ ~iE ~OR~AGE ~S~D ~ ~E SAME POSI~ON AS IF NO D~AULT HAD ~:(:t~R~D~ IF YOU ~ ~E DF~AUI.T. (HOWE--, YOU ~ NOT HAVE ~IS ~GHT CU~ YOUR DFYA~.T MORE ~IAN ~I~E ~F~ IN A~ CAI~DAR ~AR.) ~ ASS~T ~iE NON~IS'I'v~CE OF A DP~AULT IN A~ FO~SU~ PR~DING OR A~ O~IF~ lAWSUIT INS~D UND~ ~E MOR~AGE ~ ASSF~T A~ O~IF~ D~YF~SE YOU BF~.IEVE YOU MAY tlA%~ ~ SUCH AC~ON BY ~E ~ER. ~ SF~X PRO~TION UND~ ~IE FEDE~XI. BA~RUP~Y ~XW. CONSUMER CREDIT CO~SEI.ING AGF~CIES SER~NG YOUH CO~ IS ENCLOSED EXHIBITA EXHIBIT Feb~ary 1, 2001 · 1,568.46 March 1, 2001 · 1,568.46 April 1, 2001 · 1~568.46 EXHIBITA PENNSYL¥~NIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY A-~SlSTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES o (REV. S~00) CLINTON COUNTY Lycomins-Clinton Countias Commisiun for CCCS of Nont~,~mm PA Community Action (STEP) 1631 Souflt Athenon St., Suite 100 2138 Lincoln SI.~eI P.O. Box 1328 State Coll~e, PA 1680i Will[nmsport. PA 17703 (814) 238-3668 FAX (81,1) 238-.~669 ($70) 326-0ff87 FAX (570) 322-2197 CCC$ o f No~lecstem PA 201 Basin Street Williamspon. PA t7703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. ~arkct Sttzet I `100 Abin~,~on Executive Park POB 1127 Suite I Wilkes-Bane, PA 18702 C[nrks SummiL PA 1841 I (570) 821-0837 or (800) 922-9537 (570) 587-9 t63 or (800) 922.9537 FAX (570) 821-1785 FAX (570) 587-9134-9135 Commission on Economics Opportunity of Lununle County 163 Ambor Lane Wilkes-Barre. PA 18702 ($70) 826-0510 or (800) FAX ($70) 829-1668---(Call Refore Faxin~) (570)455-4994 Haz~ltown FAX (~70) 458-5631 ~(Call Before Fax[n~) (570) 836-4090 Tunld2onock CRAWFORD CO L~TY Booker T. Washin~on Cun~ Greater Erie Community Ac. tton Committee 1720 Holland Cenmr 18 Wast 9a Sm:et Erie, PA i6503 Erin, PA 16501 (814) 453-5744 FAX (814) 5749 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Ceos', inc. ShcoanSo Valley' Urban League, [nc. 2021 E~st 20~ Strces 601 Indiana Aveonc Erie, PA 16510 Fan*ell, PA 16121 (814) 898.0400 (412) 981-5310 FAX (814) 898-t243 CCCS of Wastem Pconsylvunie, Inc, Financial Counselms Serviors of Fmoh]in 2000 Line[nstown goad 31 West 3nt Street Han~$burg, PA 17102 Waynesboro, PA 17268 (7t7) 541-1757 (717) 762-3285 Ud~an t. eague of Mntropolium Hun~sbur~ YWCA of Casli$le lq. 6a Suee~ 301 "G" Harrisburg, PA 17101 Caslisle, PA 170t3 (717) 234-5925 FAX (717) 234-9459 (717) 243-38t8 FAX (717) 731-9589 Community Action Corem ofth~ Capital Region Adams County Hoos[ng Audiority l~ [4 Deny. Su~et 139-143 Carlisle SL Harrisburg. PA 17104 GcU~sbur~ PA 17~25 (?17} 2.32-9757 FAX (717) 2~4=2227 (71'0 ]34-1518 FAX ~]4=8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBITA ,ILL _.TIiAT C~,ltTAI~ ~'ut ol'Ia~l ~~~,~ MC~ . . . . no~d~ I~ ~L~No. 131 ~~S~v~.bT; ~ ~ ~No& 131 ~ 122~ . 67 de~ ~6 ~ ~ ~ W~ 71,78 bai.s a~y ~of~o. 119; ~ ~ ~No. CO~G O~ ~ "7' ~ .... ...."'."-"~' '~ ..... . '~' .' ';.~.; ;.~ · ' ........................................ Cowry ~~ ~k47l, Pa~ 148. -- --~~ ............ ?~a ~a ~ ~b~ 9,~.. I~6 m~eO~ofb~ofD~ m~f~. , . ~!~ ~,- ' r~yty~a ~ ~ak L47, ~ 3~, ~ ~ c~ ~ M~n$ ~. 8ol ~ K~ ~ ~1, his ~. VERIFICATION SHIRLEY J. EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC- MORTGAGE CORPORATION mortgage sen~icing agent for Plain6ffin this matXer, that she is authorized to take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are U'ue and correct to the best of her knowledge, in.formation 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. FEDERMANAND PNELAN BY: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 BANK ONE, N.A., AS TRUSTEE, : COURT OF COMMON PLEAS F/K/A FIRST NATIONAL BANK OF CHICAGO CIVIL DIVISION Plaintiff vs. : Cumberland County MYONG H. SOL KUM S. SOL, A/K/A KUM SOON SOL :No.01-3241 Defendants PI~.ECIPE TO ~m?~STATE CIVIL ACTION/MORTgAgE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Attorney for Plaintiff Date: June 13, 2001 SHERIFF'S RETUR/q - REGULAR CASE NO: 2001-03241 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE N A VS SOL MYONG H ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOL KUM S the DEFENDANT , at 1436:00 HOURS, on the llth day of June , 2001 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to KUM S SOL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff ' s Costs: So Answers: Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 06/12/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: C~ ~ ~/ A~ me this ,9~~' day of Deputy Sheriff (~.._ ~[ A.D. · ~P~othonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03241 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK ONE N A VS SOL MYONG H 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 SOL MYONG H but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , SOL MYONG H LIVES IN YORK AREA. PHONE NUMBER 848-1919 Sheriff's Costs: Docketing 18.00 Service 6.20 Not Found 5.00 ~_R,, T~6mas"~line Surcharge 10.00 ' /~he/iff of Cumberland County .00 39.20 FED~ .R~ig & PHELAN 06/1~/2001 Sworn and subscribed to before me this 27 ~ day of ~ ~/ A.D. otary ' ' FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATFORNEY 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 BANK ONE, N.A., AS TRUSTEE, F/KdA FIRST NATIONAL BANK OF CHICAGO 100 WITMER ROAD HORSHAM, PA 19044-0963 TERM Plaintiff v. NO. ~ CUMBERLAND COUNTY MYONG H. SOL KUM S. SOL A/K/A KUM SOON SOL 3819 CHIPPENHAM DRIVE MECHANICSBURG, PA 17055 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. Ifyou 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 ifyou 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE ~/e hetet~'Y o~t'l~ ~.ho TRUE coPY FROM RECORO CARLISLE, PA 17013 In TostJmon¥ whel'80l, I here unto set my hal~ (717) 249-3166 orig.,", ..... ,,ileda mcorO_ ..-..- FEOERlvlA Loan #: 16759230S IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDA~NT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WeRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS .. PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFOI~MATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. I. Plaintiff is BANK ONE, N.A., AS TRUSTEE, F/K/A FIRST NATIONAL BANK OF CHICAGO 100 WITMER ROAD HORSHAM, PA 19044-0963 2. The name(s) and last known address(es) of the Defendant(s) are: MYONO H. SOL KUM S. SOL A/K/A KUM SOON SOL 3819 CHIPPENHAM DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/7/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1533, Page 646. By Assignment of Mortgage recorded 9/29/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 655, Page 1092. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments ofprincipal and interest upon said mortgage due 2/l/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagnr 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." 6. The following amounts are due on the mortgage: Principal Balance $160,606.00 Interest 3,726.80 1/1/01 through 5/1/01 (Per Diem $30.80) Attorney's Fees 4,000.00 Cumulative Late Charges 235.27 4/7/99 to 5/1/01 Cost of Suit and Title Search 550.00 Subtotal $169,11 $.07 Escrow Credit 0.00 ~ Deficit 0.00 Subtotal $ 0.00 TOTAL . $169,118.0'] 7. The attorney's fees 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 Sheriffs Sale. Ifthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mongege amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403e 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 PlaintiWs 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 $169,118.07, together with interest from 5/1/01 at the rote of $30.80 per diem to the date of .ludgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Is/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff First Moftaage Loan Servicing PO Box 850~ San Diego~A g2188-5071 GMACMortgage 3451 Hammond Ave m PO Box 780 Waterloo IA 50704-0780 Date: April 11~ 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is ia default~ and the lender intends to foreclose. Specific information about the nature of tho default is provided in the attached na~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE,MAP) may be able to help to save your home. This Notice explains bow the program works. To see if HEMAP can hcin. you must MEET WITH A CONSUMER CREDIT COUNSELING AGF~NCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselln~ Aeencv. The name. address and abode number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If vou have any quesfi.o,n~ you.may call .the Pennsvivanla Housing Finance A~encv toll free at 1-800-342-2397. (Persons wfih tmDatrod beaflnu can call (7171 ?80-18691. This Notice contains important legal information. If you have any questlons~ representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to eonteet an attorney in your area. The local bar association may be able to help you find a lawyer. I,A NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT~CIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRF~NDE El, CONTF~NIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (I~ENNSYI,VANIA HOUSING FIN,~NCE AGENCY) SIN CARGOS AA, NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR FI, PROGRAMA I,I,AMADO "HOMF, O~ER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM# El, CUAA, PUEDE SAI,VAR SU CASA DE I,A PERDIDA DEl, DERECHO A RF, DIMIR SU HIPOTF, CA HOMEOV*~ER'S NAME(S): MYONG H. SOL 3819 CHIPPEN~AM DRIVE PROPERTY ADDRESS: M~CHANICSBURG, ~A 17055 LOAN ACCT. NO.: 167952308 ORIGINAA, I,FRDER: N/A CURRENTI,F~NDERP~ERVICER: GMAC Mort, gage Corporation · .First Mortgage Loan Ser~ieing PO BOx 8b'0'~1 o,e0o uA GMRC Mortgage 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 Date: April '~l, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an officini 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. attoebed pages. The HOMEON~.,'qER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the prowam works. To see if HEMAP eau helD. you must MEF, T ~TH A CONSUMER CREDIT COUNSFI,ING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselln~ A~encv. The name. address and uhone number of Consumer Credit Counselin~ AL, uncles servino your County are listed at the end of thls Notice. If you bare any nuestlons, vou may eau the Peunsvlvanb Houslno Finance Agency toll free at 1.800-342-2397. fl'ersens M4th impaired hearing eau call (717) 780-18691. Tbb Notice contolns important legal information. If you have any questions, representatives at the Consumer Credit Counsdlng Agency may be able to help explain it. Yon may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIIrlCACION FaN ADJUNTO ES DE SUMA IMPORTANCIA, PUI~S AFECTA SLT DERECHO A CONTINUAR ¥1¥IENDO EN SU CASA. SI NO COMPRENDE FI, CONTF, NIDO DE ESTA NOTIFICATION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LI,AMANDO ESTA AGENCIA (I*ENNSYI,VANIA HOUSING FINANCE AGENCY) SIN CARGOS Al, NUMERO MENCIONADO ARRIBA. PUEDES SER FI,EGIRI,E PARA UN PRESTAMO POR FI, PROGRAMA I,I,AMADO "HOMEO~'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" FI, CUAI, PUEDE SAI,VAR SU CASA DE I,A PERI)IDA DEL DERECHO A REDIAflR SU HIPOTECA HOMEO~.~ER'S NA,ME(S): :,:gM 8. SOL 3819 CHIP~ENHAM DRIVE PROPERI~ ADDRESS: MECHANICSBURG, PA 17055 LOAN ACCT. NO.: 167952308 ORIGIN,M, LENDER: N/A CURRENTI,FaNDEIUSERVICER: GMAt Mortgage Corporation EXHIBIT A HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAl° ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HEI.P YOU MAKE l~UTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE EI.IGUILE FOR EMERGENCY ,MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTO'A~E PAYMENTS~ AND IF YOU MEET OTHER EI~IGIBII.ITY REQUIREMENTS ESTABLISHED BY THE PF~NNSYI.V~NIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECI.OSURE -- Under thc Act, ym~ are entitled to a tempora~ stay of foreclosme on your mortgage for thirty (30) days from the date ofthis Notice. D~tring that time you rmist anange and attend a "face-m-face" meeting with one of thc connaner credit counseling aganc~es listed at the end of this Notice. TIIIS MEETING MUST OCCUR WITHIN THE NEXT f~0) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE.. TIlE PART OF THIS NOTICE CAI.I.F.D "tlOW TO CURE YOUR MORTGAGE DF. FAUI.T". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.. CONSUMER CREDIT COUNSEl,lNG AGENCIES -- If you meet with one of the consumer cxcdit cetmseling agencies listed at thc end of this notice, the lender may NOT take action against you for thirty (30) days after thc date of this meeting.The namcs~ addresses and telephone norohcrs of dosiltneted consmncr czedit cozmselin~ n~cncies for the cmmW in which th.~ m'ope~¥ is located are set forth at the end ofthis Notice. It is only necessary to schedule one face-to-face roeeting..~,dvise your lender immediately of your intentions. ' APPLICATION FOR MORTGAGE ASSIST,~NCE .- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information ahout thc neture of yom' dafauit.) If you have tried and are unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the Homeowner's F. mc~gency Moztgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Fanergency Assistance Program Application with one of the designated consumer credit cotmseling agencies listed at the end of this Notice. Only consumer credit cotmseling agencies have application~, for thc program and they will assist you in submitting a complete application to the Penn~lvania Housing Finance Agency. Yottr application MUST be flied or pofanorked within thitty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPI,ICATION PROMPTLY. IF YOU F,~ll, TO DO SO OR IF YOU DO NOT FOLI,OW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECI,OSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR blORTGAGE ASSISTANCE ~,q. LL BE DENIED. AGENCY ACTION -- Available flmds for emergency mortgage assistance are very limited. They will hc disbursed by the Agency under the eligibility criteria establishcd by the Act. The Pennsylvania Housing Finance Agen~..y has sixty (60) days to make a decision after it receives ymtr ap. plication. During that time, no foreclosure proceedings will be pursned against you ifym~ have met the time mquzrements set forth above. Ym~ will be notified directly by thc Pennsylvania llm:sing Finance Agency of its decision on your application. EXHIBITA NOTE: IF YOU ARE CURRF~NTLY PROTECTED BY THE FIIJNG OF A PETITION IN BANKRUPTCY, THE FOLI~)WING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERFJ) AS AN ATTEMPT TO COLLECT THE DEBT. (Xf you have IlJed bankruptty yon can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEIrAULT CBrlnn it uo to datoL NATURE OF THE DEFAULT -- The MORTGAGE debt bald by tbe above lender is on your pmpan'y located at: 3819 Chippenham Drive Mechanicsbur~. PA 17055 IS SERIOUSLY IN DEFAULT YOU HAVE NOT MADE MONTHLY MO,R~, .TGAGE PAYMENTS for the following months and thc followinq amount-n are now pant. clue. February 1, 2001 r. hrouqh April 1, 2001. See at.t-ached Exhibit. for payment breakdown. Monthly Payment-- 4,705.38 Late Chal~es 156.84 NSF 0.00 Inspections 7.25 Otbor Suspense 0:00 TOTAl, AMOUNT PAST DUE: 4,869.47 B. YOU }}lAVE FAII.ED TO TAKE THE FOI.I.OWING ACTION [Do not use if not enulicablel: ROW TO CURE. THE DEFAULT -- You may cu~ the default within THIRTY (30) DAYS of the date of this notice BY PAYING TIlE TOTAl, AMOUNT PAST DUE TO THE LF, NDER, WHICH IS $ 4,869.47 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30J DAY PERIOD. Payments must be made either by cash. cashiers check. certified check or money order made mvable and sent to: Payment- Procesnin!t GMAC Mort.qaqe Corporat.ion PO Box 780 Wat.erloo, IA 50704-0780 You cnn cum any other default by taking the fo]lowing action within THIRTY (30) DAYS of the date of this [etter. (Do not use if not am~lkable. I No~ Applicable IF YOU DO NOT CURE THE DEFAULT .- Ifyou do not cure the default within THIRTY (30) DAYS ofthe date of this Notice, the lender intends to exerelse its ri~ht~ to aeeelerate the mortense debt. This means that the entire outstanding balance ofthia debt will he considered due immediately and you may lose the chance to pay the mortgage in monthly installrnnnts. Iffidl payment oftha total amount past due is not made within THIRTY (30) DAYS, the lender also intends to in.,~.mct its attorneys to start legal action to foreclose noon your mortp, n ned IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged propan'y will he sold by the Sheriffto pay off tho mortgage debt. If the lender gfe~ your case to its attomeys~ 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 $$0.00. However, if legal Imaceedings are started against against you, you will have to pay all ivasonable attorney's fees actually incurred by the lender even iftbey exceed $50.00. Any attorney's fees will he added to the amount you owe the lender, which may also include other reasonable costs. If yon cure the default within the THIRTY (30) DAYS period, yon will not be required to pay attorney's fees. EXHIBITA OTHF~R I,F~NDER IL~,M~,DIF, S -- ~ I~r ~y al~ ~l~ ~ou ~11~ for ~ ~ p~i~l RIGHT TO CURE ~ D~FAUI,T ~OR ~O SHE~:~ ~,E -- If~ou ~v~ ~t ~d ~ ~IIR~ (30) DAY ~ ~ ~clo~ pm~cd~gs ~ ~, ~ ~11 ~ ~ fi~t m ~ ~ ~fanlt ~ ~cnt ~ ~lc at ~ t~ uv ~ onc hm~ ~fo~ ~ She~s ~le. You ~v ~ m ~ ~vha ~ m~ ~mmt ~n ~ d~. ~lus ~v la~ or ~ c~s ~n due, ~a~nablc ~s f~s ~ ~as ~n~d fo~cIo~g ~lc and ~ o~r ~s ~c~d ~ ~ S~fi~s ~e as s~ h ~n ~ ~ p~n~in= a~ o~r ~s u~er ~ ~n~. Cuing your defasR h &e saner ~ fo~ h n~e ~ ~ ~uvmo~te ~ th~ ~me ~n as ]fyou had n~er ddan~d. EARI~EST POSSIBI,E SHE~'S SAI~ DA~ -- It is c~d ~ ~ ~Jc~ ~ ~t ~ a S~s ~le of~ ~cd pm~ could ~ ~ld ~uld be app~xima~y ~s (6) ~nths f~m tbs da~ of~is ~o~e. A no~ of~ ~1 dae of~e S~fiWs Sale will ~ ~nt m you ~fog ~ ~e. Of cm~, ~ ~t necaed to ~ the default will ~a~ ~ longer you ~it. You ~y fred out at ~ ~e .aaly w~t ~e ~qu~d ~y~ oran ~l ~ ~ ~n~e lender. HOW ~ CONTACT THE LENDER: Name of Lender: G~C Mor~qaoe Co~ora~ion Address: 401 Mi~e o~ Ca~s Way National Ci~y, ~ 91950 Phone Namer: (800) 850-4622 Fax Namer: (619) 4~0-55~9 Contact Person: Collection Depar~enc E~ECT OF SHE~FF'S S~.E -- You ~ozdd gal~c ~t a Shc~ffs.~lc ~ll e~ ~ o~ip~f~ so.ged pw~ny ~ yo~ fi~t to oc~t~ it. Ify~ contmue m I~e m ~c ~y ancr me ~nn's ~e, n law~ m ~movc you a~ yoz~ fumi~ings ~ o~cr ~long~s could ~ ~md ~ ~ Ic~r et my ~c. ASSUM~ON OF MOR~AGE -- You ~y or ~y ~t ~ll or ~sfcr yot~ ~mc m a ~er or ~ndegc ~ll am]me ~c so.age dc~, pmv~cd that ~/~e out~dhg ~y~s, cha~cs ~d a~o~s fees md co~s p~d p~r m or at ~ ~le and ~at ~c o~cr ~qu~mcnts of ~ so.age ~ YOU MAY ~.~ HAVE THE ~GHT: TO S~i.l. DIE PROP~ ~ OBTAIN MONEY ~ PAY OFF ~IE MOR~AGE D~T OR BO~OW MONF~ FROM ANO~IER I~NDING INStxi O~ON ~ PAY OFF ~IS D~T. ~ tlAVE ~IS DF~AULT CURED BY Ah~' ~I~ PAR~ ACING ON YOUR B~AI~. ~ HAVE ~IE MOR~AGE RESTO~D TO ~E SAME POSITION AS IF NO D~AUI.T HAD OCCU~D, IF YOU ~RE ~IE DFYAUI.T. (tlO~VER, YOU ~ NOT HAVE ~IS RIGHT ~ CU~ YOUR DF2AUI.T MORE ~IAN ~I~ ~MES IN A~ CAI ~DAR YEAR.) ~ ASSERT ~IE NONEX]S~NCE OF A D~AUI.T IN A~ FOrCe. RE PReEnING OR A~' ~IF~ I.AW~IT INS~ UND~ ~IE MOR~AGE TO ASSERT A~ OTHER DF2ENSE YOU BEI.IEVE YOU MAY HAVE TO SUCH AC~ON BY ~E L~DER. ~ SF2:X PRO~C~ON UNDER ~IE FEDE~XI. ~ANKRUPTCY 1~XW. CONSUMER CREDIT COUNSEl.lNG AGENCIES SER~qNG YOUR CO~ IS ENCLOSED EXHIEIITA EXHIBIT February 1, 2001 · 1,568.46 March 1~ 2001 · 1,568.46 April 1, 2001 · 1,568.46 EXHIBJTA. PENNSYLVANIA I~OUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/OO) CLINTON COUNTY Lycoming-CIInton Count~s Comm~/on (ur CCC$ of Nonhg.tgm PA CommuniW Action (STEP) 1631 South Atherton St., Suite 100 2138 Lincoln Su~et P.O. Box 1328 $ta~ Coiled. PA 16~01 WillianupasL PA 17703 (814) 238-3668 FAX (814) ~8-3669 {570) 326-0587 FAY {570) 322-2197 CCCS of Not',l~,.srem PA 201 Basin Sueet Wiiliamapon, PA 17703 (570) 32=3-6627 FAX {570) 323-6626 31 W. Market Street ~ I ~.00 .Ainng~on Executive Park POB 1127 Suite I Wilkes-Bane, PA 18702 Clatks SummiL PA 1841 I (570) 821-0837 or (g00) 922-9537 (570) 587-9163 or (800) 922.9537 FAX (570) 821-1785 FAX {570) 587-91.'~4-9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Bane. PA 18702 (570) 826-0510 or (800) ]22-0359 FAX (570) 829-1665~(Call Before Fa.xing) (570) 455.4994 P, azeltown FAX (570} 455-563 I-(Call Before Faning) {570) 836.4090 Tunkbannonk CR~WFORD CO ~,.~'I'Y Bonket T. Weshsngton Canter Greater Erie Commumty Action Committee 1720 Holland Center 18 West 9~ Street Erie, PA 16503 Erie. PA 16501 (814)453-5744 FAX(Ill4)5749 (814)459.4581 FA,X(814)456-0161 John F. Kennedy Center. Inc. Shanangu Valley Urban League. Inc. 2021 East 20'~ Street 60t Indiana Avanun Erie' PA 16510 FmmlL PA 16121 {814) 898.0400 (412) 98 t -5310 FAX (814) 898-1243 B R ,ND ~ CCCS of Wastem PenmTIvania. Inc. Financial CounselIng Setviess of Franklin 2000 Linginstovm Road 31 West 3a Street Hanlsburg PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762.3285 Urban League ot' Metmpolitun Hamsburg YV/CA of Carlisle N. 6a Street 301 "G~' Street Harrisburg PA 1710[ Carlisle. PA 17013 n (717) 234-5925 FAX (717) 234-9459 (717) 243-3818 FAX (717) 731-9589 Community Action Corem ot'~he Capital Region Adams County Hoasing Aut.~otity 1514 Detty Street 139-143 Cadisln SL Hon~$burg. PA 17104 Ogtlysbutg, PA 1732.~ (717) 2:32-9757 FAX (717) 23a-2227 (7t7) 334-1518 FAX 334-8.~26 PENNSYLVANIA BULLETL~f, VOL. 29, NO. 23, JUNE 5. 1999 EXHIBITA O~:~nbc~ 3, 1~93 end ~ April 8, VERIFICATION SHIRLEY .LEADS hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this roarer, that she is authorized to take this Verification. and that the stamments made in the foregoing Civil Action in Mortgage Foreclosure are ~'ue and correct to the best of her 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. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03241 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE N A VS SOL MYONG H ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SOL MYONG H but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July llth , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: So an~ Docketing 18.00 ~~~~' ' ...... - "~-"'~'~ Out of County 9.00 ~-~'~ Surcharge 10.00 Kline R ~?ho~s,' Dep York Co-arty 21.38 Sheriff of Cumberland County .00 58.38 07/11/2001 FEDERMAN & PHELAN Sworn and subscribed to before me this /f.~& day of ._7~¥ Pr°~h°n°ta~t COUNTY OF YORK OFFICE OF THE SHERIFF (717) 771-9601 28 EAST MARKET ST.. YORK. PA 17401 SHERIFF SERVICE I INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN I PLEASE TYPE.ONLy ·LINE ~1 THRU 1'2 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURTNUMBER , Bank One 01-3241 civxl 3 DEFENDANTIS/ 4. TYPE OF WRIT OR COMPLAINT My~g H. Sol et al Notice and Oa,,pla.int in Mortc---e For~,nqure SERVE (' 5. NAME OF INDIVIDUAL, COMPANY. COr(r'Ot,iATION. ETC TO SERVE OR DESC~i~'¥~ON OF PROPERTY TO BE LEVIED, A'I-rACHED, OR SOLD m 6. ADDRESS (S% nt:c ~ OR RFO WITH BOX NUMBER. APT. NO, CITY. BORe, T%.lip. STATE AND Zip CODE) AT % 229 South C~c~ St. York. PA 17401 7 INDICATE SERVICE: [3 PERSONAL [3 PERSON IN CHARGE X~DEPUTIZE _,?._.~T~_...~_I~L..]d [3 1 ST CLASS MAIL [3 POSTED [3 OTHER NOW June 19, 2001 ,~' I, SHERIFF OP"l~ll~ COUNTY, PA, do hereby deputize the sheriff of Ynrk COUNTY ti:) execute~ake return t.~,eo~, ccording to law. This deputJzation being made at the request and risk of the plaintiff· -r ..,~'~"~,-~,.'-....' r SHERIFF Or ~ 8 SPECIAL INSTRUC31ONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE ADVANCE FEE PAID BY A'rz'~ NOTE: ONLY APPLICABLE ON WRIT OF r.~m%,UTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under wtthin writ may taave same without a watchman, in custody of whemever m found in possession, after notifying person of levy or attachment, without liability on the pert of such deputy ~r the sheriff to any plainitff ;~erein ttw any loss. pestmction, o~ removal of any properly before sheriffs sale to,freer. --of NEYIORIGINATORandSIGNATURE (215) 563--7000 6/18/03. g' T~]~E~t ~o 10. TELEPHONE NUMBER 11. DATE FILED Ct~ PI~ CEN'Z'~:t<, STE. 3.400, PH[L~n~.~-]'[A, PA 19103 12 SEND NO~CE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if not, ce ~s to be mailed). CL%~ERLAND COUNTY SHERIFF · ::'::~ :':.i'.:.' .::.' ..::.?::: ~!~I~A~E~[OW~FOR U~E OF THE SHERIFF - DO NOT WRRrE _m=_LOW THIS LINE or complaint as indicatad abeve. J. T,[]~TG 6/20/01 I 7/].8/01 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POS'~D( ) POE'~ ) SHERIFF'S OFFICE ( ) OTHER.~ SEE REMARKS BELOW 18 ,.% .~',~:e.N D TI~.E~ INDIVIDUAL SERVEDI/LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relottonship to Defendant) 1 ~.,Dat~.of Sen(ice 120. T. ime~ Servjge /~3 Advance Cos s 24 Service Cos s 25 NIF 26 M~I · 27 r~=* ' ' ' I I · . sag I .' ~= 28 SubTotal 129. Pounri 130 Notary 131 Suchg 32 Tot. CostsJ33CestsDuee~r~i~heckNo. ME ~ ou ty stteriff · · ..... ' :%'/ ~ -- / I ou ty Snenff I ... .. C , THE..,.S...HERIFF .... . ' ,,' · t~J:)CESS RECEIPT and A'F.F.!,D. AVIT RN . .-~ 3. ~t:rI=NDANT/~'d ~ 4. TYPE OF WRIT OR (~OMPL.4JNT , · I SERVE ~' 5. NMAE OF INDIVIDUAL. CO.~p.% .My. CO~ru~u~TION. ETC. TO SERVE OR DE.~CHir¥ir.~N OF t.~UP~KiY TO BE LEVIED. ATTACHED. OR SOLD. .ii' ~_.~AO~,r~,~ ~;~ ~ ~c= ~ OR RFO WITH BOX NU.'.'.~..~. APT. NO.. CITY. BORe. ~M~, STATE AND Z P CODE) .. ±, , ",_l, SHERIFFOP"~ll~CO_Ul~.~',.~A~do.herebyde ' etheshedffof ~D [ ~d 02 Nlli' Vd '~10~, ' ' -~-II~I'~H~ .-I0 301.-I.10 FEDERMAN AND PHELAN, LLP 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 BANK ONE, N.A., AS TRUSTEE, Fflr~A FIRST NATIONAL BANK OF CHICAGO Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 01-3241 MYONG H. SOL KUM S. SOL, A/Y~A KUM SOON SOL Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PRETUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff