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Home My WebLink About05-1635 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A, GOLDBECK, JR. ATTORNEY"I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGTISTRATION SYSTEMS, INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE CHERYLJ. HORNE Mortgagor and Real Owner 6309 Stanford Court Unit 5-D Mechanicsburg, P A 17055 Term O~ -/ ~iS No. CtUl L -- I~~ Defendant ACT!ON: MORTGAGE FO~ECLo..."U~E NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A venue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REG ISTRE CON LA CORTE EN FORMA ESCRIT A, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SA VE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD'S website www.hud.gov/officeslhsglsfhlecon/econ.cfin for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender 800-641-4978 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number ofCWD-4449. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGTISTRATION SYSTEMS, INC., 7105 Corporate Drive, PTX B-35 PIano, TX 75024-3632. 2. The name and address of the Defendant is CHERYL J. HORNE, 6309 Stanford Court Unit 5-D, Mechanicsburg, P A 17050-5229, who is the mortgagor and real owner ofthe mortgaged premises hereinafter described. 3. On December 29,2000 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGTISTRATION SYSTEMS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1662 Page: 758. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. Mortgage Electronic Registration Systems Inc. is or will be, the owner oflegal title to the mortgage that is the subject ofthis action, and nominee for Countrywide Home Loans Servicing LP, which is the owner of the entire beneficial interest in the mortgage. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A". 6. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01,2004, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest from 10101/2004 through 03/3112005 at 8.5000% Per Diem interest rate at $21.52 Reasonable Attorney's Fee If the Mortgage is reinstated prior to a Sheriffs Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% ofthe remaining principal balance ($4,621.88) in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Late Charges from 11/0112004 to 03/31/2005 Monthly late charge amount at $36.74 Costs of suit and Title Search Monthly Escrow amount $130.62 $92,437.63 $3,916.63 $1,250.00 $183.70 $900.00 $98,687.96 8. Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $98,687.96, together with interest at the rate of $21.52, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: ~--~ / (/ ..~~... EC McCAFFERTY & McKEEVER Y: OSEPH A. GOLDBECK, JR., ESQUIRE TORNEY FOR PLAINTIFF VERIFICATION I, Michael D. Vestal, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements therein are made subject to the penalties of 18 Pa. e.S. 4904 relating to unsworn falsification to authorities. Date: 3 - L ~-o-) 1(kUfl VJ;f Michael D. estal COUNTRYWIDE HOME LOANS INe. ~lii6it Jl Le1!;al Vescription: (As shown Oil Morteaee) ALL THAT CERTAIN UNIT AND THE PROPERTY KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AS "STANFORD COURT CONDOMINIUM II" SITUATE IN THE VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH HAS HERETOFORE BEEN SUBM1TTED TO THE PROVISIONS OF THE PENNSYLVANIA UNIFORM CONDOMINIUM ACT, 68 PA.C.S.A. SECTION 3101, ET SEQ., BY THE RECORDING IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY OF A DECLARATION DATED MAY 29, 1987, RECORDED JUNE 3, 1987, IN MISCELLANEOUS BOOK 334, PAGE 905, AS THE SAME SHALL BE AMENDED FROM TIME TO TIME, BEING AND DESIGNATED IN SUCH DECLARATION, AS THE SAME IS AMENDED FROM TIME TO TIME, AS UNIT NO. 5-D, WHICH SAID UNIT IS MORE FULLY DESCRmED IN SAID DECLARATION, AS THE SAME MAYBE AMENDED FROM TIME TO TIME, TOGETHER WITH A PROPORTIONATE UNDJVJDED INTEREST IN THE COMMON ELEMENTS (AS DEFINED IN SAID DECLARATION) OF 3.58%. DECLARANT RESERVES THE RIGHT, IN ACCORDANCE WITH SAID DECLARATION, TO REDUCE AND REALLOCATE GRANTEE'S PROPORTIONATE UNDfVIDED INTEREST IN THE COMMON ELEMENTS AS PROVIDED IN THE DECLARATION, AS THE SAME MAY BE .AJ\1ENDED FROM TIME TO TIME. FORMERLY BEING PART OF STANFORD COURT CONDOMINIUM, CREATED PURSUANT TO DECLARATION DATED AUGUST 21, 1981, RECORDED AUGUST 21, 1981, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISe. BOOK 268, PAGE 237, AS AMENDED BY FIRST AMENDMENT TO DECLARATION DATED DECEMBER 15, 1981, RECORDED DECEMBER 16, 1981, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISe. BOOK 272, PACE 449, AND FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION DATED JANUARY 20,1984 AND RECORDED FEBRUARY 3, 1984 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISe. BOOK 292, PAGE 983, TOGETHER WITH PLATS AND PLANS - SITE PLANS, STANFORD COURT CONDOMINIUM, AND AMENDMENT THERETO. SAID STANFORD COURT CONDOMINIUM, CREATED PURSUANT TO THE ABOVE DESCRIBED DECLARATION, AS AMENDED, WAS TERMINATED BY TERMINATION AGREEMENT DATED MAY 29, 1987, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISC. BOOK 334, PAGE 856, STANFORD COURT CONDOMINIUM II, BEING PART OF THE TERMINATED STANFORD COURT CONDOMINIUM, HAS BEEN RESUBMITIED TO THE PROVISIONS OF THE PENNSYLVANIA UNIFORM CONDOMINIUM ACT, 68 PA.e.S.A. SECTION 3101, ET SEQ., BY RECORDING OF THE DECLARATION, DATED MAY 29,1987, DESCRIBED ABOVE. ~/- 'EXfii6it C13 , IICountryvvideo HOME LOANS P.O. Box 660694 Da/Js$, TX 75266-0694 Send Payments to: P.O. Box 660694 DIl/JsS, TX 75266-0694 Mechanlc$burg, PA17055-0000 ~ January 3, 2005 Certified Mall No. Return Receipt Requested Regular Mall Cheryl J Home 6309 Stanford Court Unit 5-0 Mechanicsburg, PA 17055-0000 Account No.: 3777179 Property Address: 6309 Stanford Court Unit 5-0 Mechanicsburg, PA Current Servicer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is In default. and the lender intends to foreclose. Soeclflc information about the nature of the default Is Drovided in the attached oaaes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helD to save your home. This Notice eXDlains how the oroaram works. To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the Counselina Aaencv. The names. addresses and ohone numbers of Consumer Credit Counsellna Aaencies servina your County are listed at the end of this Notice. If YOU have any ouestions. vou may call the Pennsvlvania Houslna Finance Aaencv toll free at 1-800-342-2397. (Persons with imoalred hearina can call 1-717-780-1869), This Notice contains Important legal infonnation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. 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 NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N 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 PERDlDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Ctlervl J Horne PROPERTY ADDRESS: 6309 Stanford Court Unit 5-0' .. Mechanicsbura. PA 3m179 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: Countrvwlde Home Loans Servicing LP 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 Please write your account number cn all checks and correspondence. BLQPA1 27831012612004 SS30 (8102) 1 ~~1;~~:~:::::-_.-.-_.---._.-. ..-......----. ..~=OU~::M~~~:~:.: $:~l~~~~-~-~.:~~rua~ ~,-~~- .-.. A"'up~$25I$40~ Flj..........godf""'f"-"rojeolodpo_ ......._ "'1'''''-'' "'_"''l'l'lclillolllt. BLCPA1 I AddItl'onal I PrIIIcIpal I I I I I I Countrywide P.O. Box 660694 Dallas, TX 75266-0694 1I,II,I.II.I.I,II,"II,.II'IIIII.,I,I",I,.II.I,..lul..'.1I I_nil Escmw ICllher p:l1eckllllll SEE OTHER SIDE FOR IMPORrANT INFORMATION ...... do no!: wnt. b-'ow thII.... 003777179700000271461000271461 , 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 entilled to a temporal)' stay of foreclosure on your mortgage for thirty-five (35) days from the date of this Notice. During that time you must arrange and attend a "face-to- face~ meetIng with one of the consumer credit counseling agencies listed at the end of this Nolice. THIS MEETING MUST OCCUR WITHIN THE NEXT (35\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUL 1" 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 thlrty.five (35) days after the dale of this meeting. The names. addresses and teleohone numbers of deslonated COO!iumer credll counselino aaencles for the countv in which the orooertv Is located are set forth at the end of this Notice. Itls only necessary to schedule one face-to- face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is In default for the rensons set forth later in this Notice (see following pages for speclflC informal ion about the nature of your default.) If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fm out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the deslgnaled consumer credil counseling agencies listed at the end of this Notice. Only consumer credit counseling agencIes have applicalions for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within ttirty-five (35) days of your face-to-face meeting. YOU MUST ALE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your apprlCalion. During that time, no foreclosure proceedings will be pursued against you if you have me! the time requirements set forth above. You win be nolifled directly by the Pennsylvania Housing FInance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlUNG OF A PETrTlON 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.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 6309 Stanford CoII1 Unit 5-0, Mechanicsburg, PA IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the fOllowing months and the folloWing amounts are now past due MonthlY PaYments: $892.68 Other charges (9lCpIaWIlemize): Late Charges: 36.74 Other Charges: Uncollected Late Charges: Uncollected CoslS: 2.678.04 73.48 .00 .00 TOTAL AMOUNT PAST DUE: S2.714.61 PAYMENT INSTRUCTIONS P/MH . Makeyourcbockpayallleto ~H_ LuM . Will your account nllllboronycudlodt or money ardor . Wile in any adlItionaJ lIII1OIdsyau.. iIIclIling. gr tolaIls more than $5000. pIoae~arlillCldleck.1 . Don'.nactI yaIIt checlc to the payment CCIIJlOlI . Don't includo camspocMlonco . Don't selId cash paym.nlI: M paymonIs wi be oppIod..h longest outslancfng inslatntnt clJe. unless oIherMse expressly pIOffitfted 1l'{1.1w. All pIemium paymen1sfor credit life ~wiI be IppIied Iller applicatIOn cI any pnnapaIandlnleresl ~ llIe,llllIbt'ore any ather M10UIIIs due on ycu loon ..0fIIi0d. AddlIIonallmovnll. If you ...... . 8dlbna.I pMcIJllI_~ an lddiIicnaI _ _nt ancl'or an .ct...... MlOl:r.tlOl'.h your regular home loan peymII1t of JIIIIlC1lIIMdinlenst, Countrywide wi fill IpIlly yallthome loan payment be!0II111"1 adcll.onal_'llI is applied. "your home loan ~ _ not cunen~ Coun\IywIde wi fnllpllly III"f lddiloonaI pnIIClJIIl emoun! anct:Or adI8iOII:lI esclllW lIII1CIlIll\ to outs\IndiIg princ9II_ IntIIIS\ paymenls clJe 1leI0II1ihIr IddiIJonaIIlIlOlllIt Is applied. Atr{ adcflionalll1lOl:nt specIied IS .olher" wi be IppIied kID pISt clJe pnncipaJ and interest payments. lhIn _ defoeienelos, lbon lat. C/Iarge$, then fees and costs clJe, lhIn~""'" B YOU HAVE FAILED TO ~AKE THE FOLLOWING ACTION (Do not use ff not aoolicable) HOW TO CURE THE DEFAULT - You may cure Ihe default within THIRTY.FIVE (35) DAYS of the dale of Ihis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,714.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-FIVE (35) DAY PERIOD. Pavments must be made either bv cashier's check. certffied check or monev order made oavable and sent to: Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure anv other default bv takino the followino action within THIRTY-FIVE (35) DAYS of the date of this letter. (Do nol use if not aoolicablel IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY-FIVE (35) 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-FIVE (35) DAYS, the lender also intends to Instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE [S FORECLOSED UPON - The mortgaged properly will be sold by the Sheriff to pay .off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will stili 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 attomey's fees actually Incurred by the lender even ff 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.RVE (35) 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 SHERIFPS SALE .-If'you have not cured the default within the THIRTY- FIVE (35) DAY period ai.ld .f9reclosure PrQcepdingS;have. begun; you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sherfff's Sale as specnled in writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFPS SALE DATE Ills estimated that the earliest date that such a Sheriff's Sale of the mortgage properly could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP Address: P. O. Box 660694 Dallas, TX 7526(f{)694 Phone Number: 1-800-669-6654 Fax Number: 1-805-577-3432 Contact Person: Paula Hooper, MS PTX-36 Attention: Loan Counselor EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged properly and your right to occupy it. If you continue to live In the properly 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 _mayor _may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, pro\1ided that all the outstanding payments, charges and attomey'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 POSrrlON 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. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your properly. The purposes of such an inspection are to (i) observe the physical condition of your properly, (ii) verify that .. the property is occupied and/or (dQ determine the Identity of the occupant. If you do not cure tho 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 valuation services) may be taken. The costs of the above-descrlbed Inspections and property preservation efforts will be charged to your account as provIded In your security Instrument, If you are unable to cure the default on or before February 2, 2005, Countrywide wants you to bo awaro of vanous options that may be available to you through Countrywide to prevent a foreclosuro sale of your property. For example: . Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front. at least l!z of tho amount necessary to bnng the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. . Loan Modification: Alternatively. II is possible that the regular monthly payments can be lowered through a modificatiOn of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative. however, is Ilmlled to certain loan types. . Sale of Your Property: Alternatively, If you are willing to sell your homo in order to avoid foreclosure. It is possible that the sale of your home can be approved through Countrywide even if your home Is worth less than what is owed onit. . Deed.!r,.Ueu: Alternatively, if your property is free from other liens or encumbrances. and if the default Is due to a serious financial hardship which IS beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. "you request assistance, Countrywide will need to evaluate whether that assistance will be oxtended to you. In the meantime, Countrywide will pursue all of its rights and remedies uncler the loan documents and as permitted by law, unless it agrees otherwise in wntlng. Please be advised that fallure to bring tho Joan current or to enter into a written agreement for any one of the foreclosure alternatives outlined above on or before FC!bruary 2, 2005 will result In the acceleration of the debt Time is of the essence. If you have any questions conceming this notice, pll!aso conlact Countrywide's office immediately at 1-800-669.6654. extension 7556. 0 ~ ~ 1- 0t 8 .Cr( 1"--> ~ ~ (") ~-:, 0 -- C c:~:') -Tl ,:;:..n f' () . -. .-4 -- :r..,., ~ T -~. ::-~ rnr,: --- ~ :;::;) -.-, rT'l tJ...i --- r,.:l ~:]CJ Lv ,,'," .~ ,. ~ 1..0 '..J :.. , -,C) '-.'C ~~r~ -0 t;_J(~ ~ g )~. ;-~:.~ r.,,) ?'<j;-n .-\ :.~ (..) ~ --:. en -<. ~ Jill SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01635 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HORNE CHERYL J R. Thomas Kline ,Sheriff or Deputy Sheriff, who b, ing duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HORNE CHERYL J blt was unable to locate Her in his bailiwick. He therefore returns tre COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HORNE CHERYL J 6309 STANFORD COURT UNIT 5-D MECHANICSBURG, PA 17055 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 10.36 5.00 10.00 .00 43.36 - So ~~s~ ... ..~.-.:-:::~_ ..::> <;c7-.--:?#:::~- R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 04/15/2005 Sworn and subscribed to before me this c2 0 day of O~ ctoo~ A.D. rl~" ~~ .4'<r Profhono ry GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY J.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 70 I MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE MORTGAGE ELECTRONIC REGTISTRA nON SYSTEMS, INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Term No. 05-1635 Civil Term Plaintiff Ys. CHERYL J. HORNE 6309 Stanford Court Unit 5-D Mechanicsburg, PAl 7055 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER ;?'t~ By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ~~~ .-, -,. /-' ~ .,,',\ -- C', -- - -------- SHERIFF'S RETURN - REGULAR CASE NO: 2005-01635 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HORNE CHERYL J BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HORNE CHERYL J the DEFENDANT , at 1305:00 HOURS, on the 27th day of April at 1605 AIRPORT DRIVE , 2005 MECHANICSBURG, PA 17055 by handing to CHERYL HORNE 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: Docketing Service Affidavit Surcharge 18.00 9.62 .00 10.00 .00 37.62 So Answers: A::>,r-a:~,~':"",."....{. /~ .,~- ,.-;/',;::....$... - -~'- R. Thomas Kline me this 3.~ day of 04/28/2005 GOLDBECK MCCA~FE TY MCKEEVER By: C\ J!JJ '4:/1'(" Deputy Sheriff Sworn and Subscribed to before fh.. 'I .. J.lIo 51 A. D . "---hA-L- D )//1-,;#,.. /I rv~ I Prothonotary' I GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr. Attorney 1.0. #16132 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGTISTRATION SYSTEMS, INC. 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CHERYL J. HORNE (Mortgagor(s) and Record owner(s)) 6309 Stanford Court Unit 5-0 Mechanicsburg, PA 17055 No. 05-1635 Civil Term PRAECIPE 'l'O SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. jjlI~ JOSEPH A. GOLDBECK, JR., ESQUIRE , ",I "';.,' ,,::.:~, c-~ \,j:;