Loading...
HomeMy WebLinkAbout05-5798 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067, Attorney for Plaintiff File # 9,04377 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: {)S - j-7Cig-' ~ Ian C. Sorkin 1 Goldenrod Drive Carlisle, P A 17013, CIVIL ACTION MORTGAGE FORECLOSURE and Renee Sorkin 1 Goldenrod Drive Carlisle, PA 17013, Defendants. {00071193} 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, PAl 70 13 717-249-3166 {OD071193) ************************************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************************************** 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. {00071193} MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC, 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: Vs. Ian C. Sorkin I Goldenrod Drive Carlisle, P A 17013, CIVIL ACTION MORTGAGE FORECLOSURE and Renee Sorkin 1 Goldenrod Drive Carlisle, P A 17013, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE I, Plaintiff, Centex Home Equity Company, LLC (the "Plaintiff'), is a company registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 350 Highland Drive, Lewisville, TX 75067, 2, Defendants, Ian C, Sorkin and Renee Sorkin, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described, 3. Ian C. Sorkin, Defendant, resides at I Goldenrod Drive, Carlisle, PA 17013. Renee Sorkin, Defendant, resides at I Goldenrod Drive, Carlisle, PA 17013. 4, On February 22, 2005, in consideration of a loan in the principal amount of $146,672,00, the Defendants executed and delivered to Centex Home Equity Company, LLC a {00071193} note (the "Note") with interest thereon at 8,54 percent per annum, payable as to the principal and interest in equal monthly installments of $1368,02 commencing April!. 2005. 5, To secure the obligations under the Note, the Defendants executed and delivered to Centex Home Equity Company, LLC a mortgage (the "Mortgage") dated February 22, 2005, recorded on March 15, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1900, Page 93. Pursuant to Pa,R.c.p. 1019 (g) the mortgage is incorporated herein by reference, 6. The Mortgage secures the following real property (the "Mortgaged Premises"): I Goldenrod Drive, Carlisle, PA 17013, A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof, 7, The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due July I, 2005, 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. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $146,405,72 Accrued but Unpaid Interest from 6/1/05 to $5,309.47 11/3/05 @ 8.54% per annum ($34,25 per diem) Accrued Late Charges $283,00 Corporate Advance $20.00 Escrow Advance $37,62 Title Search Fees $350,00 Reasonable Attorney's Fees $1,250,00 TOTAL as of 11/03/2005 $153,655.81 {00071193} Plus, the following amounts accrued after November 3, 2005: Interest at the Rate of 8.54 per cent per annum ($34.25 per diem); Late Charges of $56.60 per month, 9. Plaintiff has complied fully with Act No, 91 (35 P,S:1680AOI (c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at I Goldenrod Drive, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this docwnent on September 16, 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 "8" 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 8, namely, $153,655.81, plus the following amounts accruing after November 3, 2005, to the date of judgment: (a) interest of $34.25 per day, (b) late charges of $56,60 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. CIATES, LLC (00071193) VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf, I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa, C,S. . 4904, relating to unsworn falsification to authorities. c;; {00071193) A.t.r. .TSA'!' c:ER.!'AnI TRACT' os. PARCEL OF u.HD SI~ LnNG AND BEXNG 'IN '1'B:E rosnISS:r:P or MI'DtlUSEX %9 THE COUN'1"1' or C'UME!J:N.Am) cOMMO\tWD1.~D OF PENNSn.V1.N:IA BEING t.0ll NO 51 i"no.t. StlBONISI.ON PI.1oH }to 1 FOR 't'JDi: MEADOJl$ AS lUCCORDED 1M' ClDMBI!:IUoA.NC COON'l"Y :RJ:COJ!,DD. or nEJ:DS OI!'l':l:CIl 'IN :M.aN SOOJC .f9 p.A/:E 43 BX'INC 'rBE S>>E PROPER1'Y CONYll:n:D 1'0 IJJf C SCRKnJ J.NO RENEE GOUIN WS~ -'W wxn '8-1 ~~'I:D FP..oH ~JUe s SON:tlll' J.Ntl C:WU,ST%:&: L SORlWil atJSSAND IUm wt.F!I :RQCOP.DED a:U1SJ2DOS m J)a:D &OOK 261 PAa2 2958, IN THE On'ICE OF 'rIlE ftCClWlB Ol" nEEDS OF COMBERL1UID cor..nr.rr. 1'J:lINSn~x,p... ~ ID' ~lQS0433DS5 EXH\Brr A '1 t'&iNTEX HOME EQUITY 7104 5400 2100 1118 7132 September 16,2005 '0003016002' Ian C. Sorkin 1 Goldemod Drive Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages, IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can help YOU, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when vou meet with the counseling: allencv. The name. address. and nhone number of Consumer Credit Counselinll AQ:encies servin!! your county are listed at the end arthis Notice. Ifvou have any Questions. vou may call the Pennsvlvania Housinll Finance Allencv toll free at 1-800-342-2397 (oersons with imoaired hearinll can call 717-780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente lIamando esta agenda (Pennsylvania Housing Finance Agency) sin cargos a1 numero rnencionado arriba. Puedes ser e1egible para un prestamo por eI programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: Ian C. Sorkin I Goldemod Drive Carlisle, PA 17013 245107669 Centex Home Equity Company LOAN ACCOUNT NUMBER: CURRENT SERVICER You mav be eligible for [mancial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' 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, 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. Page two EXHIBIT B 245107669 8 Tl8lHX3 TEMPORARY STAY OF FORECL JRE - Under the Act, you are entitled to , lporary stay of the foreclosure on your mottgage 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 designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirtY (30) davs, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take fiuther 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 counlY in which vour oropertv is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting, You should advise this lender immediatelv 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 infonnation 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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed 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 PERlODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENJED. 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 fmance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Goldenrod Drive Carlisle, PA 17013 IS SERlOUSL Y IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/01/2005: (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 09/15/2005: $4,104,06 $226.40 $20.00 $.00 $4,350.46 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $4,350.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD, Payments must be made either by cash, cashier's check, certified check. or money order made payable to Centex Home Equity Company at 350 HIGHLAND DR., LEWISVILLE, TX 75067. Page three 245107669 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mort~a~e debt. This means that the entire outstanding balance of this debt will be considered due illunediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose uoon vour mort~a~ed prooerlY. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will he added to the amount you owe the lender, which may also include their reasonable costs. Ifvou cure the default within the THIRTY (30) DAY oeriod. vou will not be required to Day attornevs' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun. you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonning 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 SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriff's sale could be held is 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 or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER Centex Home Equity Company 350 Highland Dr.. Lewisville, TX 75067 1-888-850,9398 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would 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 furniture and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE - You 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 attorneys' 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 payoff the mortgage debt, or borrower money from another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf. . To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a 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, Page four 245107669 Centex Home Equity Company is attempting to collect a debt, and any information obtained will be nsed for that pnrpose. Federal law gives you thirty days after you receive this letter to dispute the validity ofthis debt or any part of it. Unless you dispnte the debt within that 30 day period, we will assume that it is valid. If you uotify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the deht or a copy of any judgment entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, Centex Home Equity Company Cenlex Home Equity Company, LLC 350 Highland Dr" Lewisville, TX 75067 1-888-850,9398 CUMBERLAND COUNTY Adams Cbunty 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 I~\ CliNTIiiiX 1III1 HOME EQUITY 7104 5400 2100 1118 7149 September 16,2005 '0003016003' Renee Sorkin 1 Goldenrod Drive Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can helD vou. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when vou meet with the counselinl:! a!:!encv. The name. address. and ohone number of Consumer Credit Counselinl!: A2encies servine vour CDuntv are listed at the end of this Notice. If YOU have anv ouestions YOU may call the Pennsylvania HallS!"!:! Finance AlZenCY toll free at 1-800-342-2397 (oersons with imoaired heMin!:! can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de sUma importancia, pues afecta Sll derecho a continuar viviendo en su casa Si no comprende el contenido de esta notificion 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 IIamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: Renee Sorkin 1 Goldenrod Drive Carlisle, PA 17013 245107669 Centex Home Equity Company LOAN ACCOUNT NUMBER: CURRENT SERVICER You may be elieible for fmancial assistance which can save vour home from foreclosure and heln vou make future mortgage pavments if you comply with the provision of the Homeowners' 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. 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. Page two 245107669 TEMPORARY STAY OF FORECLC lE - Under the Act, YOll are entitled to a )orary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must an<mge and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (0) davs, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated conSilioer counseling agencies for the county in which vour property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediatelv 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 infonnation 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 fmancial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this. you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed 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 fmance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth almve, You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS. AN ATTEMPT TO COLLECT THE DEBT. (If yOll 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 Goldenrod Drive Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/01/2005: (h) Late chargee s) : (c) Other chargers): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 0911 5/2005: $4, I 04,06 $226.40 $20.00 $.00 $4.350.46 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $4,350.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check, certified check, or money order made payable to Centex Home Equity Company at 350 HIGHLAND DR., LEWISVILLE, TX 75067. Page three 245107669 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its rif!ht 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 amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose upon vour mortgaged oroperty, IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50,00. However, if legal proceedings are started against you. you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00, Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. Ifvou cure the default within the THIRTY (0) DAY period, vou will not be reuuired to oav attomevs' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due. reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other 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 SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriffs sale could be held is 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 fmd out at any time exactly what the required payment or action will be by contacting the lender, Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER Centex Home Equity Company 350 Highland Dr,. Lewisvll1e, TX 75067 1-888-850,9398 EFFECT OF SHERIFF'S SALE - You should realize that a sheriffs sale would 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You 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 attorneys' 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 payoff the mortgage debt, or borrower money from another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf. . To have the mortgage restored to the same position as if no default had occurred, (However, you are not entitled to this right more than three times in a 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 (0 such action by the lender. . To seek protection under the federal bankruptcy law. Page four 245107669 Ceutex Home Equity Company is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within tbat 30 day period, we will assume tbat it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against yon. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 350 Highland Dr.. Lewisville. TX 75067 1-888,850-9398 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 'I. CiNTEX HOME EOUITY September 16, 2005 '0003016004' Ian C. Sorkin 1 Goldenrod Drive Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages. IMPORT ANT INFORMATION CONCERNING YOUR RIGHTS IS CONT AlNED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (REMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can helD vou. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the counselioQ" aQencv. The name. address and ohone number of Consumer Credit Counselin2: AQencies servinQ: your county are listed at the end of this Notice. If vou have anY ouestions. vou mav call the Pennsylvania HousioQ Finance AQencv toll free at 1~800-342-2397 (oersons with imDaired hearing: can call 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 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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente lIamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" a1 cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: Ian C. Sorkin I Goldenrod Drive Carlisle, PA 17013 245107669 Centex Home Equity Company LOAN ACCOUNT NUMBER: CURRENT SERVICER You may be eligible for [mandai assistance which can save your home from foreclosure and helD vou make future mortgage oavmeots if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circwnstances beyond your control, 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. Page two 245107669 TEMPORARY STAY OF FORECLC l!;; - Under the Act, you are entitled to a' )orary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must a"dIlge and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirtv nO) 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 DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of designated consumer counselin. a.encies for the counlY in which your prooertv is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting, You should advise this lender immediatelv 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 infonnation 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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed 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 fmance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy you cau still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEF AUL T (Brin\! it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Goldenrod Drive Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/01/2005: (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 09/1 5/2005: $4,104.06 $226.40 $20.00 $.00 $4,350.46 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $4,350.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check, certified check, or money order made payable to Centex Home Equity Company at 350 HIGHLAND DR., LEWISVILLE, TX 75067, Page three 245107669 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right 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 amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose uoon vour mortgaged orooerlY, IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00, Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs, Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to oav attornevs' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage, RlGHT TO CURE THE DEFAULT PRlOR TO SHERlFF'S SALE -If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other 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 SHERlFF'S SALE DATE - It is estimated that the earliest date that such sheriffs sale could be held is 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 or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER Centex Home Equity Company 350 Highland Dr,. Lewisville, TX 75067 1-888-850-9398 EFFECT OF SHERlFF'S SALE - You should realize that a sheriffs sale would 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 furniture and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will asswne the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT . To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf . To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a 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. Page four 245107669 Centex Home Equity Company is attempting to collect a debt, and any information obtained will be used for that purpose, Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid, If you notify us in writing at the address above within the thirty day period that the debt, or any portion tbereof, is disputed, we will: aj Provide to you verification ofthe debt or a copy of any judgment entered against you, bj Provide to you the name and address of your original creditor, ifthe original creditor is different from the current creditor, Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 350 Highland Dr" Lewisville, TX 750671-888,850-9398 CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 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 Maranalha 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 'I.' CENTliX . HDME EQUITY September 16, 2005 '0003016005' Renee Sorkin 1 Goldemod Drive Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can helo vou. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the counselinll ae.encv. The name address and phone number of Consumer Credit Counselini! Al!encies servin!! your county are listed at the end of this Notice. Ifvou have any auestions YOU may call the Pennsylvania HousinlZ Finance Aeencv toll free at 1-800-342-2397 (oersons with imoaired heMin!:! can call 717-780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area, The local bar association may be able to help you find a lawyer. La NDtificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agenda (Pennsylvania Housing Finance Agency) sin cargos al numero mendonado arriba. Puedes ser elegible para un prestamo por eI prograrna lIarnado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: Renee Sorkin I Goldemod Drive Carlisle, P A 17013 245107669 Centex Home Equity Company LOAN ACCOUNT NUMBER: CURRENT SERVICER You mav be eligible for [mancial assistance which can save vour home from foreclosure and helD vou make future mortgage oaVIllents if you comply with the provision of the Homeowners' 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, 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. Page two 245107669 TEMPORARY STAY OF FORECLC RE - Under the Act, you are entitled to a oorary stay of the foreclosure on your mortgage for thirty (30) days from the oate of this Notice. During that time you must a".mge and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirtv (0) davs. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRlNG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRlNG YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desi.nated consumer counselin. a.encies for the county in which vour prooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this 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 infonnation 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 [mancial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed 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, ]F YOU FAIL TO DO SO OR]F 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 ASS]STANCE W]LL 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 [mance Agency has sixty (60) days to make a decision after it receives you application, During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEF AUL T (Brin. it un to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Goldenrod Drive Carlisle, PA ]70]3]S SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/01/2005: (b) Late chargee s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Ba]ance (e) Total amount required as of 09/]5/2005: $4,]04.06 $226.40 $20,00 $.00 $4,350.46 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $4,350.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURlNG THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Centex Home Equity Company at 350 H]GHLAND DR" LEWISVILLE, TX 75067. Page three 245107669 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its rimt to accelerate the mortEaEe 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 amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose uoon vour mortgaEed Pfopertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50,00, However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period, vou will not be required to Dav attornevs' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RJGHT TO CURE THE DEFAULT PRJOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other 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 SHERJFF'S SALE DATE - It is estimated that the earliest date that such sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date ofthe 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 or action will be by contacting the lender, Name of Lender: Address: Telephone Nwnber: HOW TO CONTACT THE LENDER Centex Home Equity Company 350 Highland Dr" Lewisville, TX 75067 1-888,850-9398 EFFECT OF SHERJFF'S SALE - You should realize that a sheriffs sale would 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 furniture and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will asswne the mortgage debt, provided that all the outstanding payments, charges and attorneys' 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 payoff the mortgage debt, or borrower money from another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf. . To have the mortgage restored to the same position as if no default had occurred, (However, you are not entitled to this right more than three times in a 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. ,. . Page four 245107669 Centex Home Equity Company is attempting to collect a debt, and any information obtaiued will be used for that purpose, Federal law gives you thirty days after yon receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid, If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against you, b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 350 Highland Dr., Lewisville, TX 75067 1-888-850,9398 CUMBERLAND COUNTY Ada;"~ ~ounty 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 ~~~ i~> ~B 0) ~> ",----- (') s~:~ ,..." =, (:-,::.1 t:II (',~': \@ -- o .'n --\ :1: -::J C'~;f;~l 1 -J -;:'1 ~.~ (,..) c;'\; c..., - . SHERIFF'S RETURN - REGULAR '. CASE NO: 2005-05798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY CO LLC VS SORKIN IAN C ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SORKIN IAN C the DEFENDANT , at 1755:00 HOURS, on the 14th day of November, 2005 at 1 GOLDENROD DRIVE CARLISLE, PA 17013 by handing to RENEE SORKIN, WIFE 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 So Answers: 18.00 6,72 ,00 10.00 .00 34,72 .,.,' ./~,:"-,,,- ".ft'::~~~~:;--:~' ,1">" );':::'t:.r'?C"~"'- ~/~ R. Thomas Kline 11/15/2005 MILSTEAD & Sworn and Subscribed to before By: ~' "'-\..7 Deputy Sheriff me this .:2;1,~ day of ~ :.l"'<J~ A,D. /'':~~';1 . SHERIFF'S RETURN - REGULAR . CASE NO: 2005-05798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENT EX HOME EQUITY CO LLC VS SORKIN IAN C ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SORKIN RENEE the DEFENDANT , at 1755:00 HOURS, on the 14th day of November, 2005 at 1 GOLDENROD DRIVE CARLISLE, PA 17013 by handing to RENEE SORKIN 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 6,00 .00 .00 10,00 .00 16.00 So Answers: r'~""/Z~::~- ."t:.,,,,r:---? :~-'. > "',, ~ .';:;.-,'.,.:>..1""";:-4> .I R, Thomas Kline 11/15/2005 MILSTEAD & Sworn and Subscribed to before By: s;--- Deputy Sheriff me this ~.;2",^"" day of ~ ;){)"O.;,/ A,D. tVA,~ MILSTEAD & ASSOCIATES, LC BY: Pina S. Wertzberger, Esquir ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File 9.05377 Centex Home Equity Compan~, LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Ian C. Sorkin, and Renee Sorkin, Defendant(s ). No.: 05-05798 Praecioe to Dismiss the Morte:ae:e Foreclosure Action without Prejudice TO THE PROTHONOTARY: Kindly dismiss the above aptioned Mortgage Foreclosure Complaint without Prejudice. V;;:~A Pina S. Wertzberger, Esqui Attorney ID No. 77274 r-.~ = = --' ~ -;::; ?;) o ...., ::;! -1- -rt rl1p i?9 :_--::~ (:) ;~~ ..,.~ ,:~ :< o "" ::;:. fv