Loading...
HomeMy WebLinkAbout05-3267MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Equity One, Inc. 121 Woodcrest Road Cherry Hill, NJ 08003, Plaintiff, Vs. Cynthia L. Barger 107 Holly Drive Mechanicsburg, PA 17055, and Robert Barger, a/k/a Robert J. Barger 107 Holly Drive Mechanicsburg, PA 17055, Defendants. Attorney for Plaintiff File #1.03934 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 0-5-' 3 0z (e 7 Cwa CIVIL ACTION MORTGAGE FORECLOSURE {00049210} 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 this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-244-3166 (00049210 xrwwwwxxxwxwxwxwwwwwwwwxxxwwww*wxwxwwrwrwwwewwwwxwwwwwwwwwwwwwwwwwwwwwxwwwwwww*w*x*xwwrtwwwxwxwwxww NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT wxwwwwwwrtwxwxwxwwrtxwwxxxxwxrtxwwwxxxwwwwwrtwwwrtwxwxwxrtwrtwrtwrtxwwxwxwwwrtwwxwxxwxrtxrtxrtxxwwwwwxwxwwxwrtxrt 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00049210) MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Equity One, Inc., 121 Woodcrest Road Cherry Hill, NJ 08003 Plaintiff, Vs. Cynthia L. Barger 107 Holly Drive Mechanicsburg, PA 17055, and Robert Barger, atkla Robert J. Barger 107 Holly Drive Mechanicsburg, PA 17055, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Equity One, Inc. (the "Plaintiff'), is a Pennsylvania corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 121 Woodcrest Road, Cherry Hill, NJ 08003. 2. Defendants, Cynthia L. Barger and Robert Barger, aWa Robert J. Barger, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Cynthia L. Barger, Defendant, resides at 107 Holly Drive, Mechanicsburg, PA 17055. Robert Barger, alk/a Robert J. Barger, Defendant, resides at 107 Holly Drive, Mechanicsburg, PA 17055. fooo492to) 4. On May 15, 2000, in consideration of a loan in the principal amount of $28,400.00, the Defendants executed and delivered to Firstar Bank, N.A. a note (the "Note") with interest thereon at 11.74 percent per annum, payable as to the principal and interest in equal monthly installments of $336.11 commencing June 19, 2000. 5. To secure the obligations under the Note, the Defendants executed and delivered to Firstar Bank, N.A. a mortgage (the "Mortgage") dated May 15, 2000, recorded on June 9, 2000 in the Department of Records in and for the County of Cumberland under Mortgage Book 1617, Page 942. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. On June 8, 2001, the aforesaid mortgage was thereafter assigned to Equity One, Inc., by Assignment of Mortgage recorded in the Office of the Recorder of Cumberland County on March 4, 2002 under Assignment of Mortgage Book 685, page 894. Said Assignment of Mortgage is incorporated herein by reference. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 107 Holly Drive, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due February 19, 2004, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Balance of Principal $25,574.71 Accrued but Unpaid Interest from 1/19/04 to $4,302.22 6/24/05 @ 11.74% per annum ($8.23 per diem) {00049210} Accrued Late Charges $268.96 Deferred Late Charges $161.14 Corporate Advance $678.20 NSF Check Fees $75.00 Title Search Fees $200.00 Reasonable Attorney's Fees $1,250.00 LESS Forbearance Suspense Balance -$141.67 TOTAL as of 06/24/2005 $32,368.56 Plus, the following amounts accrued after June 24, 2005: Interest at the Rate of 11.74 per cent per annum ($8.23 per diem); Late Charges of $16.81 per month. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 9 t") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 107 Holly Drive, Mechanicsburg, PA 17055 as well as to address of residences as listed in paragraph 3 of this document on April 28, 2005, the notice pursuant to '403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $32,368.56, plus the following amounts accruing after June 24, 2005, to the date of judgment: (a) interest of $8.23 per day, (b) late charges of $16.81 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Pina S. ertz er squire Attorney for Plaintt (00049210) VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiffs behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4404, relating to unsworn falsification to authorities. Esquire Title: Attorney {00049210) ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being bounded and described as follows: BEGINNING at a point in the southern line of Holly Drive (50 feet wide), which point is in the division line between Lots Nos. 81 and 82 on the hereinafter mentioned Plan of Lots; thence along the northern line of Holly Drive, North 65 degrees 24 minutes 40 seconds East, 18.20 feet to a point; thence by the same in a southeastedy direction by the arc of a circle curving to the right, said circle having a radius of 121.27 feet, the arc distance of 229.02 feet to a point; thence continuing along the line of Holly Drive, South 06 degrees 23 minutes 10 seconds East, 14 feet to a point thence South 67 degrees 40 minutes 15 seconds West, 129.13 feet to a point in the division line between Lots Nos. 81 and 82 on said plan, aforesaid; thence along the division line between Lots Nos. 81 and 82, North 24 degrees 35 minutes 20 seconds West 167.33 feet to a point in the southern line of Holly Drive, aforementioned, the place of BEGINNING. BEING FURTHER designated as Parcel No. 42-28-2421 in the Deed Registry Office of Cumberland County, Pennsylvania. EXHIBIT A `111440 2133 3 131 l??b'7 ic>? APRIL 28, 2005 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The 1 OMEO"ER 4 MORTGAGE ASSISTANCE PROGYRAM (H- EMAR may he ahle to Hfip came. your borne. Ibis notice explains how the } rrop am works To see, if HEMAP ran help y must MEET WITH A CONSI IAfER CREDIT C i NSFI 1h1G AGENCY W11Iii_N30 M YS OE THE DATE OE 11119 NC)TICE Take this notice with gnu when yomeet with the Counseling Agenev The name address and nn number of Consumer Credit Counseling Agencies servicing vnnr CConn-ty are listed at the end of this Notice If you have anyquectione you may call the. Penn)z] aria housing Einarre Agency toll freest 1 R00 447- "197 (Persons with impaired hearing can call (717) 780-1869 This Notice contains legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. EXHIBIT B HOMEOWNER'S NAME: PROPERTY ADDRESS: PA 17055 LOAN ACCT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: ROBERT BARGER 107 HOLLY DRIVE, MECHANICSBURG 118867 Equity One, Inc. Equity One, Inc. IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIi NOTICE. CAT LED "HOW TO CTTRF YOTTR MORTGAGE DEFAUT T" FXPT ATNq HOW TO BRING YOT TR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone lonnted are set torch at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF THIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (If you have riled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE. OF THE. DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 107 HOLLY DRIVE, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: 2/19/04 - 4/19/05 at $336.11 per month, totaling $5041.65 plus the following: Escrow : $ Late Charges: $396.48 NSF Charges: $75.00 TOTAL AMOUNT PAST DUE: $ 5802.53 HOW TO CURE. THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $5802.53, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he made either by rash, rashier's .h ck nr money order made ?nd sent tn- IF YOU DO NOT CURE THE. DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED 17PON -The mortgaged property will be sold by the Sheriff to pay off the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER TENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CiiRE. THF. DEFAULT PRIOR TO THE SHERIFF'S SAi.F. - If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will 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 charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE. SHERIFF'S SAi.F. DATE. - It is estimated that the earliest date that such a Sheriff s Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriffs 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 of the action will be by contacting the lender. Name of Tender: Equity One, Inc. Address: 301 Lippincott Drive, Suite 100 Marlton, New Jersey 08053 Phone Number: 1-866-361-3460 Contact Person: Timothy Tracy EFFECT OF THE SHERIFF'S SATE. - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-866-361-3460 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 Effective 4/27/2004 at 11:30:12 AM (2,?2 c,-- ?¢?-?o.c??cs\??cc P ??to`?-s 1 91Iy0?21 333 131 1 lc 7al?i APRIL 28, 2005 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 1 This Notice contains legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. HOMEOWNER'S NAME: CYNTHIA BARGER PROPERTY ADDRESS: 107 HOLLY DRIVE, MECHANICSBURG, PA 17055 LOAN ACCT NO.: 118867 ORIGINAL LENDER: Equity One, Inc. CURRENT LENDER/SERVICER: Equity One, Inc. IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE. -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN "HOW TO CURE YOUR MORTGAGE DEFAUi T" RTGAGE UP TO PATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which the property is located nre set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGF. ASSISTANCE. - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGF,NCY 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 its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF THIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 107 HOLLY DRIVE, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: 2/19/04 - 4/19/05 at $336.11 per month, totaling $5041.65 plus the following: Escrow : $ Late Charges: $396.48 NSF Charges: $75.00 TOTAL AMOUNT PAST DUE: $ 5802.53 HOW TO CTTRF. THF. DF.FATTLT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $5802.53, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payanents must h made. either hr cas cashier's check or money order made payable and sent tn• IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE. MORTGAGE. IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER RF.MF.DIF.S - 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 THE SHERIFF'S SALF. - If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriff S Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the 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 SH .RIFF'.S SALF. DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately FIVE (5) 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 of the action will be by contacting the lender. Name of Tender: Equity One, Inc. Address: 301 Lippincott Drive, Suite 100 Marlton, New Jersey 08053 Phone Number: 1-866-361-3460 Contact Person: Timothy Tracy EFFECT OF THF, SHF.RTFFS SALF. - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-866-361-3460 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 Effective 4/27/2004 at 11:30:12 AM G` J J ? r V'-l` r7 c.. -T7 f ? ?j C ? SHERIFF'S RETURN - REGULAR CASE NO: 2005-03267 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS BARGER CYNTHIA L ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARGER CYNTHIA L the DEFENDANT , at 1840:00 HOURS, on the 28th day of June , 2005 at 107 HOLLY DRIVE MECHANICSBURG, PA 17055 by handing to ROBERT BARGER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before - me this a f day of ZOD? A.D. ?? z ®l4 00 ,? - I Pfothonotary So Answers: R. Thomas Kline 06/29/2005 MILSTEAD & ASSOCIATES By: 1 puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03267 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ITY ONE INC VS BARGER CYNTHIA L ET AL BRYAN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARGER ROBERT AKA ROBERT J BARGER the DEFENDANT , at 1840:00 HOURS, on the 28th day of June 2005 at 107 HOLLY DRIVE MECHANICSBURG, PA 17055 by handing to ROBERT BARGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3 J day of ZM,5 A . D . 4?K r thonotary So Answers: "i R. Thomas Kline 06/29/2005 MILSTEAD & ASSOCIATES By : D uty Sheriff MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Equity One, Inc., Plaintiff, Vs. Cynthia L. Barger, and Robert Barger, a/k/a Robert J. Barger, Attorney for Plaintiff File 1.03267 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 05-3267 Praecipe to Dismiss the Mortgage Foreclosure Action without Prejudice Defendant(s). ! TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. I ILSTE& SSOC TES, LLC Pina S. Wertzberger, Esq e Attorney ID No. 77274 C? ? c' ? -?-+ - ?, : -, t? ??? ??ii _ ;=^ cap , ti ?==: -,? _ s?_ .. ?; _.?