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Home My WebLink About06-1597 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF HOMEQ SERVICING CORPORATION F/KIA TMS MORTGAGE INC. One Old Country Road Suite 429 Carle Place, NY 11514 0(" - /597 C;():L~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. RICHARD SANCHEZ BRENDA L, SANCHEZ Mortgagors and Real Owners 60 W. Main Street New Kingston, P A 17072 ACTION OF MORTGAGE FORECLOSURE Defendants Term CIVIL ACltlfON: M~TGAGE F~f\:CL08IJi1'F 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, 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 P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, 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, VA 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, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO 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 SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call the following number: 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 918-241-3351 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 Beth at 215-825-6329 or fax 215-825-6429. 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 David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MS-1743. Para informacion en espanol puede communicarse con Loretta aI215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiffis HOMEQ SERVICING CORPORATION FIKIA TMS MORTGAGE INC., One Old Country Road, Suite 429 Carle Place, NY 11514. 2. The names and addresses ofthe Defendants are RICHARD SANCHEZ, 60 W. Main Street, New Kingston, P A 17072 and BRENDA 1. SANCHEZ, 60 W. Main Street, New Kingston, P A 17072, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On July 30, 1994 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to THE MONEY STORE FINANCIAL CO., INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1226, Page 934. The mortgage has been assigned to: HOMEQ SERVICING CORPORATION F/K1A TMS MORTGAGE INC. by assignment of Mortgage which assignment is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 10 19(9); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for December 05, 2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6, The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 11/05/2005 through 03/31/2006 at 9.9500% Per Diem interest rate at $3.80 Reasonable Attorney's Fee Late Charges from 12/05/2005 to 03/31/2006 Monthly late charge amount at $17.15 Costs of suit and Title Search Recoverable Balance Fees Escrow Suspense Monthly Escrow amount $163.49 $13,975.80 $558.59 $2,000.00 $325.85 $900.00 $636.24 $27.00 -$1,013.68 -$456.08 $16,953,72 7. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have 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. 8. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants 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 Defendants have 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 Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $16,953.72, together with interest at the rate of$3.80, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. --'\ ! By: i[ER-I1'J Cil'J:'ION ] I (1 Ci;,CT,d 1 I>.. C;olc3.becy; lJI_ ;1::: the rcpref:;(,=r]tdt~_i'Jf: of t11c Plaintiff corporation \-litchin named do he 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 anc made ;c;ubject to the penalties at 18 Pa. C.S. 4904 relating to unsworll falsification to authorities. Date:~~J-Z=()~ }'- / "," f /1 l I /, ~'/'~1il!Llll/k~{~~"L P,~lii6it Jl ,. ~,"i ,.~. .'. ~'. .. . , . . . . .__.It \,;. " ALL thaI wlAl~ lot of ,round, wlllllbeJmproY&nlenll lhetCOll erelllod. 'llJ!ate in the VlUap of N_ KlnllllOn. 1'awftlhip of SlInr Sprlll.. County af allabetlllld and Sllle . of P_yl.&III., mar_ parli.....rly bodnd.cl ond dOI.ribelS AI 1011_: 8&CINNING ala polot olltlla lnIUdIni lint on tho Narth.lde of lbe Carlllle and Harrl.burl Turnplk.. JlQW kAovnllll U.S. Highway No. 11, wlllc:b .ald poInt IIll1e , _UlaNI comar or a two and one-baU '1Ot)' briclc d....lllng hovlo: III.nee alons the .lIid b1lllcllna line on \lie Nortll side of the Iforalld TIIinpike South elpty"labL (88) clevee.s twenty.thr" (U) m1nule.s Well,laleen and R..e-Ionth (16.5) fcello a point; thence \IIrough . a pany.wall dlvicllD,lho AIotell\&lltlolled dwellllll rrolllanother two IlIld one-half .1Ot)' brick clwa/1I11j Nonb two~) dOlrOCltblny (30) mlnuter Well fitl)'.four and four.tllllh (54.4) teet 10 a poUlt at the norlh-wesl corner of lIIe dwelllllllleelCd 01\ tlIo land, huoln llOnveyedj thence by atber Ilnds of IhoMld Grantees htreln North four (4) de&leei fOf\)'>five (45) mlmPes Will one hundred tbir\l-lh'M (133) feel ,10 a pipe oil \lie Soulll shIe 01 Ill. IlIler. th.tu:lI &10111 tho.outhom /In. ohald pJlay North ol&hty-elahl (88) dear.... lW411ly.tbroa (23) min\llOl Bul elall\een (18) feel 10 a plpo al tamer of land. now 01 nobert We.slbrook, rorlllarly of Th.odllre R. Osbum; thenco alan, IPld lut mentloned IlIId. Soutb tour (4) Ilearoel fiReen (15) mln\ltes Bul 01\0 hundteil !hilly.throe (133) ro.IID a pollU at tn. nortbt.Sl co:nor of Ib, a(Ol'IlllIDtlOllod bride dwollllll haUl.: lben~e Ilona 'lIId. of 5Am$ Sollllt l'IIO ~) ilogrOlltlllrl1 (30) mll\IllN Ball Olly.rour and fO\lNentlt l5U) feet to lbt polnt and P'ace of BBOJNNfNO. . . . HA VIIlG lhcl.OUlltted a two anrl onll-lIall SIDt)' bride dwellln8 houl'- . ............................ ...-"~ ,'; ,I . , 'i';~ to be recorded '''V~ "01111"Y PA . .-,. .',-......; . ... .,...../':"',';'''- r.:'~>"/ . - , . '?'~'~'_' ,P'.' l';.....-')..-c_ .~ tP' Recorder of Deeds eooK1226 rACE :138 BOOK 719 PAtE t178 .' r~ > I , I 1 ,. p,~lii6it (B HOMEQ SERVICING DF785 1",111",111",1.,,1,,1,1,,11,1 RICHARD SANCHEZ PO BOX 6 NEWKINGSTON~ PA 17072 September 7, 2005 0071880306 NBRC ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortllae::e on Your home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached oae:es. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can helD you. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIITN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counselimz allCnCy. The name. address. and ohane number of Consumer Credit Counselinl! Ae-encies servimz your county are listed at the end of this Notice. If you have anyauestions. YOU may call the Pennsylvania HousiDe: Finance A.ency toll free at 1-800,342,2397 (Persons with imoaired hearin. 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 fiud a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA SI NO COMPRENDE EL CONTENIDO DE EST A NOTlFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H1POTECA HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE II WACHOVIA HOMEQ SERVICING DF785 1",111."111",1,,,1,,1,1,,11,1 BRENDA L SANCHEZ PO BOX 6 NEW KINGSTON" PA 17072 September 7, 2005 0071880306 NBRC ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortfla2e on your home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached uages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can helD YOU. YOU 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 counselimz al!encY. The name. address. and phone number of Consumer Credit Counselim! Agencies servin!! your county are listed at the end of this Notice. If you have any Questions. vou may call the Pennsylvania Housinl! Finance A.ency toll free at 1,800,342,2397 (Persons with imoaired hearin. 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 NOTIFICAlON EN ADJUNTO ES DE SUMA IMPORTANCIA. PUBS AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICION OBTENGA UNA TRADUCCION IMMEDIAT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. SEE LAST PAGE FOR ADDITIONAL IMPORT ANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE II WACHOVIA HOMEOWNERS 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. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . 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 the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a l\face~to-facen meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) 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-ta-face meeting with one ofthe 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 consumer counselinl1 3flencies for the county in which your orooertv is located are set forth at the end of this notice. It is necessary to schedule only one face-te-face meeting. You should advise this lenderlservicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the fonowing pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Fund. 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 conswner 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. Funds 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 application. During that 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. THIS NOTICE CONTINUES ON THE NEXT PAGE Pape 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can stilI apply for Emergency Mortgage Assistance. NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 60 W MAIN ST NEW KINGSTON, PA 17072 IS SERIOUSLY IN DEF AUL T because: I. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: b) Delinquent Amount Due: c) Late Charges: d) Recoverable Corporate Advances: e) Other Charges and Advances: f) Less funds in Suspense: g) Total amount required as of (due date): 3 $1,519.17 $222,95 $510.48 $0.0 $0.00 $2,252.6 2, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not 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 THE LENDER/SERVICER, WHICH IS $2,252,6 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cashier s check. certified check. or money order made Davable to: Regular Mail HomEq Servicing Corporation P. O. Box 70829 Charlotte, NC 28272 ' 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607,5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use ifnot applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of this notice, the Ienderlservicer intends to exercise its dehts to accelerate the mortlZalZe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments, Iffull payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose upon Your mortl!al!ed Dropertv. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lenderlservicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.0Q, However, if legal proceedings are started against you, you will have to pay an reasonable attorneys fees actually incurred even if they are over $50.00. Anyattorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. vou will not be reauired to pav attornevs' fees. OTHER LENDERlSERVICER REMEDIES The lender/servicer 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, vou still have the rilZht to cure the default and orevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by oavim! the total amount then oast due olus any late charlZes. other charlZes 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 writinlZ bv the lender/servicer and by oerforminlZ any other reauirements under the mortlZ32e. 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 conld 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. 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/servicer. HOW TO CONTACT THE LENDERlSERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer Address HomEq Servicing Corporation Altn: Account Research. Mail Code CA3345 P.O, Box 13716 Sacramento, CA 95853 1,800,795,5125 Telephone Number: EFFECT OF SHERIFF'S SALE 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/servicer at any time. ASSUMPTION OF MORTGAGE You may not seIl or transfer your home to a buyer or transferee who wiIl assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR 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 POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEF AUL TS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR; . TO ASSERT THE NON,EXISTENCE 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 LENDERlSERVICER; OR . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale win not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. Yau are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HornEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORTANT DISCLOSURES California As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reportiug agency if you fail to fulfill the terms of your credit obligations. Colorado For information about the www.ago.state.co.uslCAB.HTM Colorado [web site Fair Debt maintained Collection by the Practices State of Act, see Colorado) Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8{18{2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital 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 1 (800) 342-2397 S? if:l-. ~\ ~ in t 1f\ VI) LJ !0. ..." -- 0 n ':.;;:' 0 ~ ,;.-::J .., tn C::" -V ..... (n ~ -,.- ~ "0' fl"ip1 .:{ P- :;'.J ..("",,'.,, r-",' ~ J '-:J .,.r::: e CJ '--<"~? ~ f- -"~ ',) -0 ~~~ ~;~1 ;~jin +- (..) ':-i ( 'J-;:.o ~J.J '> >< " GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Ir. Attorney I.D. #16132 Suite 5000 Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff HOMEQ SERVICING CORPORATION F/KJA TMS MORTGAGE INe. One Old Country Road Suite 429 Carle Place, NY 11514 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. RICHARD SANCHEZ BRENDA L. SANCHEZ (Mortgagor(s) and Record owner(s)) 60 W. Main Street New Kingston, P A 17072 No. 06-1597 CIVIL TERM PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. tJI~- JOSEPH A. GOLDBECK, JR., ESQUIRE ----- '.-.1 / \---- .---- ~- -- / ., SHERIFF'S RETURN - REGULAR CASE NO: 2006-01597 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEQ SERVICING CORP VS SANCHEZ RICHARD ET AL MICHAEL 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 SANCHEZ RICHARD the DEFENDANT , at 1235:00 HOURS, on the 23rd day of March , 2006 at 60 W MAIN STREET NEW KINGSTON, PA 17072 by handing to RICHARD SANCHEZ 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 Service Affidavit Surcharge So Answers: 18.00 6.16 .00 10.00 .00 34.19 A~ r~~~~~" R. Thomas Kline 03/27/2006 GOLDBECK MCCAFFERTY By: / Sworn and Subscribed to before k me this /q - day of IY\'""'1 ,) ~ol,.. A.D. /' Prothonotary . . ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01597 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEQ SERVICING CORP VS SANCHEZ RICHARD ET AL MICHAEL 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 SANCHEZ BRENDA L the DEFENDANT , at 1235:00 HOURS, on the 23rd day of March , 2006 at 60 W MAIN STREET NEW KINGSTON, PA 17072 by handing to RICHARD SANCHEZ, HUSBAND 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 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16. OJ) Lr r~:?e.~<~J R. Thomas Kline Sworn and Subscribed to before 03/27/2006 GOLDBECK MCCAFFERTY MCKEEVER BY~~/V, ,-- Deputy She~f me this let 'b- day of /VL'''1 :),(7V1. A.D. Prothonotary